Pat Gallagher (Donegal, Fianna Fail)
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5. To ask the Minister for Agriculture, Food and the Marine if he is proposing to introduce emergency legislation to rectify the non-constitutionality of the arrangements agreed in view of the recent Supreme Court judgment relating to the Voisinage arrangements as part of the London Fisheries Convention 1964; if so, the timeframe for introducing such legislation; and if he will make a statement on the matter. [37786/16]

Pat Gallagher (Donegal, Fianna Fail)
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In light of the Supreme Court decision relating to the Voisinage agreement facilitating boats registered in Northern Ireland with an opportunity to fish within the 0 to 6 nautical mile zone, what steps does the Minister propose to take to give a legal base to the London Fisheries Convention 1964?

Michael Creed (Cork North West, Fine Gael)
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The recent Supreme Court judgment, to which the Deputy refers, relates to fishing activities by Northern Ireland vessels within the territorial waters of the State.  The judgment arose from an appeal taken by a number of Irish mussel seed fishermen against the findings of the High Court. 

The Supreme Court issued its judgment on 27 October, finding that fishing by Northern Ireland vessels within the 0 to 6 nautical mile zone of the territorial waters of the State, which relies on the Voisinage arrangements, is not permitted by law.

The background to this issue relates to arrangements which have long been in existence to provide access for fishing.  The London Fisheries Convention 1964 allowed that each coastal state could assert exclusive fishing rights within 6 nautical miles from its baselines under Article 2.  It also provided, under Article 9, for contracting parties to allow fishermen from another coastal state, who had habitually fished within that belt, to continue to do so through Voisinage arrangements.

On this basis, pre-existing reciprocal arrangements were reaffirmed at the time by means of an exchange of letters between the UK-Northern Ireland and Ireland in the 1960s, which allowed for vessels from Northern Ireland to fish within Ireland’s 6 nautical mile zone and vice versa. The Common Fisheries Policy provides for the continuation of such neighbourhood arrangements, specifically within Article 5 of Regulation 1380/2013.

It is important to note that the Supreme Court did not find that the Voisinage arrangements were unlawful but that, as it stands, there is insufficient provision for them in domestic law.  Fishing activities that have a legal basis are not affected such as those reliant on the access arrangements to Ireland's 6 to 12 nautical mile zone set out in Regulation (EU) No. 1380/2013 of the European Parliament and of the Council.

The Government is aware of the development, and the Attorney General's office is examining the Supreme Court judgment.  My Department remains in close contact with the Department of Agriculture, Environment and Rural Affairs, DAERA, in Northern Ireland on this issue, and officials from both departments met last Friday to discuss it.

To address the issues raised by the judgment, I have asked my officials to proceed with the process of advancing the heads of a legislative amendment Bill to bring to Government.  The Bill would address the immediate issue of providing sufficient legal provision for Northern Irish vessels to resume the reciprocal fishing access of the Voisinage arrangements.

Pat Gallagher (Donegal, Fianna Fail)
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I thank the Minister for the pragmatic approach he has taken. Lest one thinks that I am not representing Donegal and I am anxious to attract more vessels registered elsewhere to fish in the 0 to 6 nautical mile zone, a number of Donegal-owned vessels registered outside the Republic have traditionally fished in this zone. We often talk about the good relationship between the North and the South. It is important to roll back the clock to the early 1960s.

This is a result of a visit by former Taoiseach Seán Lemass when he met Captain Terence O'Neill who was the Prime Minister in the North at the time and they made this arrangement. Further to that, as the Minister stated, there was an exchange of letters culminating in this arrangement. The Minister has our full support on this side of the House with a view to ensuring the legislation, which is being prepared, comes to the House and is enacted.

Michael Creed (Cork North West, Fine Gael)
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I appreciate this is an issue for which all sides of the House are anxious to find a legislative fix as quickly as possible. That is also the objective within my Department. I have had considerable contact with my Northern Ireland equivalent, Michelle McIlveen, and obviously this is causing some concern to fishermen in Northern Ireland. It is my ambition to get us to a situation as quickly as possible where arrangements that existed prior to 27 October are reinstated but are done in a fashion that has a legislative framework around them. I will be taking a memo to Government very shortly on that matter and I hope that soon thereafter I will be in a position to introduce what will be a relatively minor amendment to fisheries legislation to facilitate this issue on a stand-alone basis.

Pat Gallagher (Donegal, Fianna Fail)
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I bring to the attention of the Minister that the intention at all times was that the vessels would be under 75 ft. If it were open ended, large vessels registered in Northern Ireland could fish in the zero to six nautical mile zone where vessels registered in the Republic of Ireland cannot fish. It is important that the length of the vessel is taken into consideration. Will the Minister make me aware of the number of vessels that have traditionally fished there, including the number registered in Northern Ireland or the Donegal-owned vessels that are registered in England or Scotland? Custom and practice should be taken into consideration as well.

Michael Creed (Cork North West, Fine Gael)
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I am not sure if I have the numbers the Deputy requires but I will ask my Department to inquire into the matter of the number of fishing vessels involved. My intention is to get to a situation where the status quo anteprevails.

Pat Gallagher (Donegal, Fianna Fail)
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On the 75 ft. vessels.

Michael Creed (Cork North West, Fine Gael)
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On the length of the vessels. If that was the situation previously, it will be the situation that will be provided for.

Pat Gallagher (Donegal, Fianna Fail)
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If it was not, perhaps the Minister will think about it because otherwise it will be an anomaly.