Peadar Tóibín (Meath West, Sinn Fein)
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Question 34: To ask the Minister for Agriculture; Fisheries and Food the reason Ireland continues to support several Irish fishing vessels that are currently operating in the over-exploited and disputed waters off the coast of Western Sahara; and if he will make a statement on the matter. [8776/11]

Simon Coveney (Cork South Central, Fine Gael)
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In many ways this is a human rights issue rather than a fishing issue but there is a crossover. I debated this matter as a Member of the European Parliament's fisheries committee when the EU-Moroccan fisheries agreement was being considered. The current fisheries partnership agreement, FPA between the European Community and Morocco came into force in February 2007. A fisheries protocol setting out the detailed operating rules for the FPA was also established at the time. The FPA, which includes the waters off Western Sahara, renews automatically every four years. However, the protocol expired on 27 February 2011.

The FPA with Morocco is considered one of the EU's most important bilateral fisheries agreements. Under the protocol, the EU provides a financial contribution to the Moroccan authorities each year in exchange for fishing opportunities for EU fishermen in Moroccan waters. As with all FPAs, this contribution is intended as payment for the fishing opportunities and as assistance for the development of the capacity of the local fisheries sector to exploit its resources sustainably. Eleven member states, including Ireland, are allocated fishing opportunities under the agreement. Ireland receives a quota of 2,500 tonnes each year in the FPA's industrial pelagic category but no Irish fishing vessels have operated in Morocco under this FPA since 2007.

Negotiations on the renewal of the protocol, which were due to commence late in 2010, were delayed because Morocco was considered not to have provided sufficient data regarding the regional socioeconomic impacts of the EU's annual financial contribution. Given the EU's important fishing interests in Morocco and because Morocco belatedly provided some information, the European Commission asked the Council to be provided with a mandate to negotiate a one-year protocol on similar lines to the expiring one. The Commission's goal was to allow EU fishing operations in Moroccan waters to continue uninterrupted while detailed consideration was given to the merits of negotiating a new longer and potentially different protocol.

Additional information not given on the floor of the House.

Given the urgency of the situation and the importance of this agreement for European fishermen, Ireland supported the Commission's request to the Council to be provided with a mandate to negotiate a one-year protocol. Ireland's support for the Commission's mandate was given on the proviso that, before the Council would ratify the new short-term protocol, the Commission would share with member states the information provided by the Moroccan authorities concerning the implementation of the current protocol and its regional impact. This would allow member states to make a full assessment of whether the current agreement was providing a benefit to the Saharawi people.

In late February, the EU Commission and Morocco initialled an agreement for a one-year fisheries protocol. As part of this negotiation, transitional arrangements have been put in place for up to six months, allowing EU fishing operations in Morocco to continue uninterrupted pending completion of the ratification procedures. The initialled protocol must still be ratified by the EU and this only takes place when agreed by Council and consented to by the European Parliament. The Commission has not yet made a proposal for ratification, but this is expected shortly. The new protocol has additional requirements for the provision by Morocco of details of the geographic distribution of benefits.

Ireland has been clear that our final decision would be influenced by whether it can be persuasively shown that there is appropriate benefit deriving to the Saharawi people through implementation of the FPA. Therefore, our position on the ratification of the one-year protocol remains reserved, as the Commission's analysis of the information provided by the Moroccan side on the regional benefits has not been unequivocal. While citing that positive benefits were in evidence in the regional distribution of funds including to the Western Sahara, the level of those benefits remains uncertain. Ireland has always been a firm supporter of the right to self-determination of the people of the Western Sahara and the Government remains firmly committed to this principle.

Ireland is also of the view that the FPA with Morocco should be implemented if it can be shown to be to the benefit of all the people concerned, including the Saharawi in terms of the waters off Western Sahara, and in full accordance with the principles of international law. I am not convinced that this is the case at present and will consider carefully Ireland's final position on ratification of the one-year protocol when a formal proposal comes from the Commission.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
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According to the Minister, the protocol regarding the fisheries off the Moroccan coast was due to cease in February 2011. Is there any evidence that any part of our fishing fleet or, more importantly, any part of an Irish-registered fishing fleet as distinct from Irish vessels is exploiting those waters without operating within the protocol?

I accept fully that it is a human rights issue. It has been brought to our attention for some time that waters off west Africa, in particular Morocco, have been exploited to the detriment of those countries' peoples. In many of the countries in question, questionable leaders are prepared to sell national resources for their own benefit as distinct from the benefit of the people they are supposed to represent.

Is there evidence of Irish vessels with Irish workers and skippers fishing there or are the boats referred to in the information that has come to us just registered in the Republic of Ireland?

Simon Coveney (Cork South Central, Fine Gael)
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In terms of our approach towards the Western Sahara issue, I will reread two paragraphs into the record, as it is an important matter. They read:

Ireland has been clear that our final decision would be influenced by whether it can be persuasively shown that there is appropriate benefit deriving to the Saharawi people through implementation of the FPA. Therefore, our position on the ratification of the one-year protocol remains reserved, as the Commission's analysis of the information provided by the Moroccan side on the regional benefits has not been unequivocal.

While citing that positive benefits were in evidence in the regional distribution of funds including to the Western Sahara, the level of those benefits remains uncertain. Ireland has always been a firm supporter of the right to self-determination of the people of the Western Sahara and the Government remains firmly committed to this principle.

I am quite familiar with the Western Sahara issue. I am unaware of any evidence of Irish boats or Irish interests operating under a flag of convenience fishing there, but I may be wrong. If the Deputy has individual cases he wants to explore with me, I would happily discuss them with him.