Pat Gallagher (Donegal, Fianna Fail)
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39. To ask the Minister for Agriculture, Food and the Marine his plans for the Sea-Fisheries (Amendment) Bill 2017 in view of the fact the voisinage arrangements between zero and six miles are part of the London Convention and will no longer apply in Northern Ireland waters once the two years UK withdrawal notice expires in July 2019 and in view of the fact that the United Kingdom has served notice in July 2017 that it is withdrawing from the 1964 London Fisheries Convention; and if he will make a statement on the matter. [41518/17]

Pat Gallagher (Donegal, Fianna Fail)
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Where stands the Sea-Fisheries (Amendment) Bill 2017 in the context of the voisinage agreement? There are only three questions on the marine before the House today, of which I tabled two. We should take the opportunity of having a brief exchange on the national challenge we face, namely, Brexit.

Michael Creed (Cork North West, Fine Gael)
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As the Deputy is aware, on 27 October 2016, the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen. In the judgment, the Supreme Court found that fishing by Northern Ireland boats within the zero to six nautical mile zone of the territorial waters of the State under thevoisinage arrangements is not permitted by law.  The voisinagearrangements are long-standing reciprocal arrangements which have allowed fishing boats from Northern Ireland access to fish within the zero to six nautical mile zone of the territorial waters of the State and vice versa.

It is important to note that the Supreme Court upheld the High Court finding that the voisinagearrangements are not invalid but that, as it stands, there is insufficient provision for them in domestic law.The Supreme Court in fact noted that the arrangements were a sensible recognition at official level of practice and tradition, where fishing boats traditionally fished neighbouring waters.

The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address issues raised by the Supreme Court judgment, in so far as it relates to access for Northern Irish vessels.  If enacted and commenced, the Bill will give the voisinagearrangements a proper legal footing.  The Bill was published in February 2017 and is available on the Oireachtas website. The Bill has commenced debate in the Seanad.

In July 2017, the UK Government formally announced that it is leaving the London Fisheries Convention. The action by the UK in announcing its withdrawal from the 1964 London Fisheries Convention was not unexpected.

The convention deals primarily with access rights to countries six to 12 nautical mile zones and much of these are also included in Common Fisheries Policy.Article 2 of the convention precludes countries from fishing in another country’s zero to six nautical mile zone. However, Article 9 of the Convention gave countries the option to come to arrangements with their neighbours to allow access inside the zero to six nautical mile zone if so desired.This was the basis for the voisinagearrangements.

The UK Government had been intimating its intention to withdraw from the convention for some time.  It is nonetheless unwelcome and unhelpful as it suggests a signal of the UK intent to take a hard line on fisheries in the context of Brexit.

The UK has stated it wants to retain the voisinagearrangements element of the London Fisheries Convention. It remains to be seen if it can legally do this. On the all-island basis, however, there is still merit to reflect on an all-island approach to these matters.

Additional information not given on the floor of the House

Ireland will have to reflect on all relevant issues in the context of Brexit negotiations.  I am actively engaged with my fellow European Ministers to keep Irish fisheries concerns on the EU agenda and to ensure that fisheries are not isolated in the overall negotiations on a new EU-UK relationship.

Pat Gallagher (Donegal, Fianna Fail)
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I accept all that but the Minister is referring to history. I asked him where the Sea-Fisheries (Amendment) Bill stands now and his plans to see it through the Seanad and back to the Dáil. Since the Minister first introduced the Bill, the situation has radically changed. As he said, the UK announced it would be withdrawing from the London Convention which had to be done two years prior to Brexit. We have an obligation, even though the Bill is before the House, to continue dialogue with the various sectors. Even since the debate in the Seanad, and subsequent debate in committee, there is a better understanding. It is in everyone's interest that this is resolved, and more dialogue is necessary.

We will not have a proper opportunity to discuss the broader matter of Brexit in this question but it currently operates in a vacuum. There are many ponderables and there is a complete lack of certainty about many things. It is one of the greatest risks to Irish fishermen. When we talk about Brexit generally, we do not often hone in on fisheries, but it is a serious and major challenge. I know the Minister has had a number of meetings but is this dialogue with the industry continuing? Is he working closely with other maritime states in the best interests of Ireland and does he accept that it must be linked to trade?

Michael Creed (Cork North West, Fine Gael)
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The fisheries sector is probably the most exposed to a hard Brexit. As the Deputy will be aware, over 60% of mackerel, which is our most valuable area of fisheries, is caught in what would be termed "UK territorial waters". Our second most valuable area of fisheries is prawns, and the percentage there is over 40%. In terms of value, over 50% of the entire industry is caught in UK territorial waters. We have had extensive engagement which continues. Last week, for example, when I met the National Inshore Fisheries Federation, which is the umbrella body for the regional inshore fisheries forum, it was particularly interested in thevoisinageside of things. On the broader matter of fisheries in the context of Brexit, we have been very involved in working with like-minded member states which are equally disadvantaged by the UK decision to withdraw. These member states include Spain, France, Sweden, Belgium, the Netherlands, Denmark and Germany, which all have an exposure to the UK territorial waters to a greater or lesser extent. We have very clearly said, and the Deputy made this point in his question, that we do not want the fisheries negotiations of Brexit conducted on a silo basis, where it is fisheries today and broader trade tomorrow. We want the fisheries to be part of the broader trade context - in other words, if the UK wants access to the EU in order that its financial services be passported there or if it wants to sell cars into the EU, part of thequid pro quowill have to be continued access to UK waters for our fishing industry.

Pat Gallagher (Donegal, Fianna Fail)
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A national response to this challenge is essential and all must work together. Deputy Creed, as Minister, has to head this up. Most of our mackerel is caught off the west coast of Scotland where there is good quality early stage fish. Of course, we will catch them as they move down but they will be a much smaller mackerel, it will be much later in the season and will attract a much smaller price. Provenance is also a major issue. It is vitally important.

We are working with like-minded countries. Some of those countries may be able to survive but if we do not get a fair and reasonable deal, I do not think that our industry will be able to survive.

I spoke to Michel Barnier when he was in the House and to Guy Verhofstadt in Brussels last week, as well as when he was here. Both agree that the issue must be interlinked. It is the only way it can be done. We must use all our political muscle in Europe to secure a fair and equitable deal for Irish fishermen. Where is the Sea-Fisheries (Amendment) Bill at the moment?

Michael Creed (Cork North West, Fine Gael)
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The Sea-Fisheries (Amendment) Bill is in the Seanad. It has not concluded its Second Stage debate there. It must be said, there is considerable political opposition to it. When the minority Government cannot get sufficient support for the legislation it raises the question of whether the Bill can pass. It should be borne in mind that it is one of the areas that was identified in the Good Friday Agreement as an area suitable for all-island co-operation. Furthermore, the boats in the Republic are under that voisinagearrangement and are still legally entitled to fish in Northern Ireland waters. If an Executive was in place in Northern Ireland, it would be particularly helpful because it might lead to a more rounded debate on the issues.

On another matter in the context of the overall negotiations on Brexit, while I continue to engage with ministerial colleagues in the like-minded member states, I mentioned earlier that the officials in my Department also continue to work with their counterparts, continually refining and updating our position and feeding into the Barnier negotiating team. I am satisfied there is a clear understanding of the extent to which we will be disadvantaged in a hard Brexit.