Mattie McGrath (Tipperary, Independent) | Oireachtas source

This Bill was published on 4 May last. I take this opportunity to raise the general issues that fishermen are experiencing. It is important that those issues are highlighted. I do not know what is wrong with the Government. It is so blasé and careless that it has not had any public consultation on this Bill whatsoever, no pre-legislative scrutiny and no regulatory impact analysis. Is this government by diktat? Have the Government's emergency powers gone to its head or is it just sheer laziness? Is it a matter of disrespect for the House or are there just not enough officials in the Department?

This is mad stuff, and either the Minister of State or the Minister, who I acknowledge is in negotiations on the Common Agricultural Policy, CAP, at present, needs to explain it. This is no way to treat the House. I heard Deputy Connolly speaking earlier about this Bill earlier and her understanding of it is far greater than mine. This is no way to treat the Oireachtas, the House and the people who elected us. We might as well close this House and let the NGOs and some other people run the show altogether, because that is what seems to be happening anyway. I cannot believe there has been no pre-legislative scrutiny of this Bill and no public consultation. The public does not matter. More importantly, no regulatory impact analysis accompanies this Bill.

This Bill was initiated in May 2021 and its purpose is to revise and consolidate relevant maritime jurisdiction laws to provide for the State's maritime zones in accordance with the United Nations Convention on the Law of the Sea, which was adopted in 1982. The Bill provides for the repeal of sections of legislation dealing with the definitions of maritime territories, particularly sections 2 and 3. Articles of the United Nations Convention on the Law of the Sea from Parts II, V and VI are reproduced in Schedule 1 to the Bill.

Regarding the policy background and the legislative context, the Maritime Jurisdiction Act 1959 set out definitions of the various territorial limits and boundaries, including for sea fisheries. Several amendments regarding the State's maritime jurisdiction have been made since then in the Continental Shelf Act 1968 and the Sea-Fisheries and Maritime Jurisdiction Act 2006. As they preceded my time as a Deputy, I do not know if there was pre-legislative scrutiny or impact analysis. I cannot comment on that. However, I can comment and must take responsibility for my role in this Oireachtas and the legislation that we pass now and I am simply appalled.

As the Leas-Cheann Comhairle is aware, I am on the Business Committee and we get requests nearly every week to waive pre-legislative scrutiny for one Bill or another. That is a dangerous pattern, because it means there will be no role for a committee to examine a Bill in detail, undertake proper research, understand the legislation, ask questions and make amendments. The purpose of the Bill is to update and set out in one stand-alone enacting law regarding the State's maritime jurisdiction, including by giving further effect to relevant provisions of the United Nations Convention on the Law of the Sea and repealing sections 2 and 3 of the Continental Shelf Act 1968 and Part 3 of the Sea-Fisheries and Maritime Jurisdiction Act 2006. The Bill contains 33 sections across six parts, so it is obviously hefty and extensive legislation. It covers a vast area and we must have some scrutiny and understanding of its potential impact on people.

Turning to the topic of Rockall, we have never really claimed it. While we have given some reasons for not doing so, I believe it is important that we should claim it. Rockall is a small, uninhabitable granite rock which is located approximately 160 nautical miles west of the Scottish islands of St. Kilda and 230 nautical miles to the north-west of Donegal. It measures just 30 m wide and is only 21 m above the sea. This Bill has no direct implications regarding Ireland's claim to Rockall, but it is discussed. Given there has been no engagement on this issue in recent years, we certainly must exert our rights as a small sovereign nation and embrace this matter. We have not really claimed sovereignty over Rockall but this position is in accordance with the UNCLOS. As an uninhabitable rock, Rockall has no significance in establishing claims to either the continental shelf or exclusive economic zones.

However, in replies to parliamentary questions on 25 June 2019 and 26 November 2020 on the progress made in having the international community, including the European Union and the United Nations, recognise Ireland's sovereignty over Rockall, the then Minister for Foreign Affairs and Trade, Deputy Coveney, replied:

The UK claimed sovereignty over Rockall in 1955 and purported to annex it under its 1972 Island of Rockall Act.

While Ireland has never recognised British sovereignty [nor should we] over Rockall, neither have we ever sought to claim sovereignty ourselves.

There is a dichotomy there and a lacuna. Why have we not done that? I believe we must claim sovereignty. The Minister continued his reply by stating "The consistent position of successive Irish Governments has been that Rockall and similar rocks and skerries should have no significance for establishing legal claims to continental shelf or an exclusive economic zone." I do not know why we do not make a claim. I cannot understand it. If we own Rockall and if it is ours, then we should be claiming sovereignty over it. We should be resisting other nations trying to claim sovereignty because, goodness knows, they have enough already, and we had enough of a job for hundreds of years getting them out of this country.

Turning to the sea, the development of wave energy, the use of the sea and the role it plays in climate change, Members will be debating the Climate Action and Low Carbon Development (Amendment) Bill 2021 tomorrow evening. It has been rushed. I do not know why we have not had proper public consultation regarding that Bill, proper time to debate it and proper engagement with the communities concerned, including our offshore communities. I recently listened to contributions in this regard from Deputies Connolly and Boyd Barrett concerning some developers now moving to embrace opportunities at sea. Those developers have scant regard for the sea, its amenities, fish stocks or any other life in the sea. Instead, they are just bulldozing ahead as if they can do whatever they like out there, because it is not accessible for people to see what is going on. That is not the way to develop our energy sources and sustainable solutions.

Moving to the subject of plastics, I refer to the amount of that material in the sea and which is washed up after every tide. I salute the volunteers on many strands and beaches who do great work in recovering waste material and in trying to save the bird and fish life from being choked with these plastics. Masks are now a major issue as well because they are being dumped on the streets and they all end up in the rivers and then in the sea. There must be protection in this regard. On the matter of not protecting our valuable sea resources, we listen to the United Nations and I heard Deputy Connolly quoting the former Vice President of the United States, Al Gore, and others, in her contribution earlier. We must, therefore, take heed and look after what is in the sea.

Turning to fishermen and the incident in Cork raised by Deputy Michael Collins concerning an Irish boat being interfered with by a foreign trawler in our waters and the lack of response from the navy for several hours, that occurred because the navy has been run down to nothing. I am not blaming the naval personnel. I do not know the circumstances but to take that many hours to respond to that kind of a serious incident is quite shocking. The fishermen must have some belief and safety in knowing that when they are out there at sea doing their legal day's work, and a fair day's work for a fair day's pay, which they are not getting any more, they will be protected and know that the navy can be called upon. My goodness, if one of those fishermen misbehaved-----

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