Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

The Minister has handled this legislation badly over the past couple of years and the past number of weeks in particular. He failed to consult properly with the fishery organisations and that would have remained the case if not for the stance that Fianna Fáil took in insisting that, once the Bill completed Committee Stage in the Seanad, there had to be proper consultation. It was the Minister's intention to move ahead without engaging appropriately with the fishery organisations and more is rightfully expected of the Minister with responsibility for fisheries. That sort of approach was disrespectful to key stakeholders when it comes to the development of policy and national legislation.

This issue comes against the backdrop of Brexit. Fianna Fáil has traditionally been supportive of operating on a 32-county basis and ensuring there are good relations and no barriers to trade on land or water. We support the principle of voisinagein that regard and particularly at the moment when our national message on Brexit is to try and ensure that there will be no hard border or barriers to trade on the island of Ireland. Likewise, it is important that we are consistent, from a national point of view, in our approach to our waters and there is, therefore, an imperative to reinstate this voisinageagreement.

This led to a court case which the Department lost and that begs real questions of the Department about the costs associated with the case and its decision to pursue it. The courts found against the Government on the basis that there should have been a statutory underpinning of voisinagein order for it to be lawful and continue. The courts found that the fisherman concerned had not been well served by the State. It is unfortunate and unacceptable that one of those fisherman, a constituent of mine from Greencastle in County Donegal, Gerard Kelly, has been outside the Dáil for the past three days and the Minister has not seen fit to meet and engage with him on this issue and take his views on board. The Minister makes the case about the sub judicerule but, given that the second part of that case was decided in the courts last week, I do not accept that as an excuse for not meeting Mr. Kelly. The Minister should have taken the time to do that and it should have happened.

The other key issue that needs to be addressed is the management of the fisheries concerned. We need fair play whereby fishing vessels and fishermen operating under Irish licences are not disadvantaged when compared to the terms and conditions afforded to fishing vessels in Northern Ireland. There are big issues there as to how mussel fishery, in particular, is managed for its own health and ensuring that the fishermen continue to have a sustainable livelihood. The Minister must properly engage with the sector after this legislation is enacted to ensure there is a strong and properly regulated management structure in place to ensure fishery is regulated and that Irish registered boats are given a fair crack of the whip and an opportunity to make a living. I ask the Minister for assurances today that he will engage on allocation rights because I know the Bill is covering and reinstating the access that previously existed under the voisinage arrangements before the Supreme Court judgment.

See this speech in context