Pádraig Mac Lochlainn (Donegal, Sinn Fein) | Oireachtas source

The difficulty with this Bill is that it is being rushed through, as was the national marine planning framework. The case of the national marine planning framework was extraordinary because many years of work went into its preparation, yet Government members of the Oireachtas committee voted to push it through without further scrutiny. Environmental NGOs and inshore fishermen wanted to have their say on the final plan being submitted to Europe, which was an entirely reasonable position, but the framework was just pushed through. We were told it was urgent but it was several weeks before it was voted through the Dáil. There was plenty of time for further scrutiny but the Government decided to rush it through.

Similarly, there is a sense that this legislation is being pushed through without proper scrutiny. I have spoken to interests in the fishing community and environmental NGOs, which are seriously concerned this legislation will come through, I assume by next week, without their having had their say before a committee to which they can make structured submissions. Sinn Féin will submit a range of amendments based on our consultation with those different interests. In the area of environmental concerns, we will introduce a range of amendments seeking clarification on the parameters and powers of the State, but also seeking to make the State accountable.

I will focus on a couple of areas in particular and talk about Rockall. In 2013-14, the Government of the day signed an agreement that was not debated in the Houses of the Oireachtas. The agreement copper-fastened this State's acceptance of British control of the Rockall area. We protest that an uninhabited island cannot have a 12-mile limit put around it. However, fishermen from Donegal are being physically prevented from fishing in the 12-mile limit around Rockall. Marine Scotland and the British navy has intervened and prevented them from fishing within that area. The Sea-Fisheries Protection Authority, SFPA, has checked with these fishermen to make sure they are not fishing within that 12-mile limit.

The Government states that, having made this agreement in 2013-14, it does not accept the 12-mile claim, yet here we are, after Brexit, dealing with just that issue. Every time I submit a parliamentary question to the Minister, he tells me talks are ongoing. It has been almost six months since Brexit and still our fishermen cannot fish within the 12-mile limit. Remember, we have a historical claim going back hundreds of years. Our connection with that territory goes back to Gaelic civilisation. We had not claimed it and that was a mistake. Our failure to challenge the British claim and instead to adhere to it in 1989 and 2013-14 was a huge mistake.

In the amendments I will submit, I will clearly state that the 2013-14 agreement made between the British and Irish Governments is null and void because of Brexit. Brexit changed everything. The defence at that time was the were managed European waters that fell under the Common Fisheries Policy. People asked what the issue was. However, they are now UK territorial waters and the UK authorities are claiming a 12-mile limit of exclusive rights around the rock of Rockall. This cannot stand. What does the Government do? It brings in legislation to copper-fasten that agreement. It is remarkable. It is copper-fastening the agreement, rather than making the case for why we should be standing up to an extremely arrogant claim.

When I am on the subject of arrogance, a few short years ago, the British Secretary of State, in response to a parliamentary question, stated the UK claimed the entirety of Lough Foyle. That is an extraordinary statement. Normally, under international law, when a body of water borders two states, a line equidistant from either side is drawn down the middle. That is international practice but it has not happened in the case of Lough Foyle. One suspects the reason is that the shipping channel would then be on the Inishowen side of the lough and there would be an issue for British security interests. That, I suspect, is why we have not sorted out this issue. It is why we have thousands of unregulated oyster trestles on Lough Foyle. People have a right to make a living from aquaculture and there is a place for that on Lough Foyle but it should be done in a managed, regulated way. However, that is left unresolved due to this failure.

My difficulty with this legislation is that while the idea of pulling together various pieces of legislation and putting them under one roof makes sense, many unresolved and live issues remain. Sinn Féin has great difficulty with this legislation. We will submit substantial numbers of amendments when it comes before the Dáil on Committee Stage. We will argue for those amendments and we hope the Minister will listen to us. We hope he will be ambitious for Ireland and the State. We hope he will listen to the concerns of environmental groups and our fishing communities and take the opportunity to rectify the errors.

I ask the Minister and the Government to give the following some thought. The Government argues that the 2013-14 agreement merely regularises the previous 1988 agreement and what preceded it, and agrees the continental shelf and the exclusive economic zone of both states.

The problem is that it was done in the context of the Common Fisheries Policy, and Brexit rules that agreement null and void. It is an act of bad faith which changes the context of the entire agreement and we have every right to withdraw from it. The Government should take the chance our amendments present and consider making a claim for Rockall. We should challenge the British claim to it and defend the interests of our fishing communities. God knows we have not taken enough opportunities to do that.

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