Dáil debates

Wednesday, 14 July 2021

Maritime Jurisdiction Bill 2021: Committee and Remaining Stages

 

9:27 pm

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

Sinn Féin has very serious concerns in regard to this legislation. We acknowledge that the national marine planning framework has been established and that a number of legislative provisions follow it. As we speak, however, fishermen from Donegal are being prevented from fishing in their traditional grounds around Rockall. Eamon Gilmore, a predecessor of the Minister, Deputy Coveney, in the Department of Foreign Affairs, signed an agreement with the then British ambassador, Dominick Chilcott, that was laid before the Houses of the Oireachtas in 2014 but was never debated, scrutinised or voted on, for or against, in either House. As the Minister is aware, there was a Supreme Court decision in recent years that ruled that the voisinageagreement had no standing in Irish law because it did not come through the Houses. The Minister's colleague, the former Minister for Agriculture, Food and the Marine, Deputy Creed, introduced the Sea-Fisheries (Amendment) Act 2019 in reaction to that Supreme Court decision.

The 2014 agreement between the Irish and British Governments has no legal standing under our Constitution. Rather than putting that to the British Government and saying there is no legal basis for our agreeing that it can block Donegal fishermen from accessing their traditional fishing grounds in Rockall, the Minister has brought forward legislation that explicitly legislates for that 2014 agreement and gives legal imprimaturto the British claim to Rockall. I will go into this in more detail when we discuss later amendments. I have just given an introduction here; we will presently go through the matter forensically.

I want to put on the record that the Taoiseach's response to my question on this issue earlier today was an absolute disgrace. He denied that this legislation brings into legal effect the 2014 agreement. When I get an opportunity to do so, together with my colleague, Deputy Brady, I am going to forensically take apart his dismissal of my request that he withdraw this legislation.

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