Seanad debates

Wednesday, 8 March 2017

Sea-Fisheries (Amendment) Bill 2017: Second Stage

 

10:30 am

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

That is very helpful and I welcome the decision to take only Second Stage today. From the perspective of most parties, the idea of providing access to all of the waters off the Irish coast for all fishermen on this island is a welcome one. I am sure Senators and the Minister will have seen the map I am holding, which shows UK territorial waters coloured in red. One of the serious concerns presented by the fishing industry, representing all sizes of vessels, is that one disastrous implication of Brexit is that it will deny Irish fishermen access to these waters, as shown in the map presented to the Joint Committee on Agriculture, Food and the Marine. The Minister will be fully aware of this issue and I ask him to address these concerns at the conclusion of the debate. We need to be informed of the Government's strategy towards the British Government on this issue.

One of the major issues trumpeted by Tory supporters of Brexit was that they would take control of British waters. It is clear from the map of British waters that Irish fishing communities are justifiably fearful because they will continue to be subject to quotas and controversy will persist over trawlers from other jurisdictions fishing in Irish waters. I was surprised, therefore, that the Minister decided to introduce this Bill in advance of the commencement of negotiations on Brexit. This legislation is premature.

The fishermen who took the legal case that ended up in the Supreme Court have genuine concerns. Rather than addressing their concerns, however, the Department has a history of using taxpayers' money and the strength that this affords it to fight all the way to the Supreme Court. The underdogs in this case had to raise significant sums and face serious financial exposure to fund their case. Their vindication in the Supreme Court was a slap in the face for the Department, whose approach was found not to be embedded in law.

Sinn Féin and other parties, including Fianna Fáil, want reassurance that this legislation will not result in multinational companies or others using a loophole of residency in the North to plunder the natural resources off the coast, including off County Donegal from where I come. Incidentally, those who took the case adjudicated in the Supreme Court secured a second victory when it was established that our fisheries are natural resources. I acknowledge the Minister wishes to protect the livelihood of fishing communities around the Irish coast. I and other Senators would like an all-Ireland approach to be taken to this issue. I have no difficulty with small vessels based in County Derry, County Down or elsewhere in the North sharing the waters around the Irish coast and vice versa. However, I will not tolerate major operations taking advantage of this new legislative opportunity to plunder our natural resources and destroy the livelihoods of fishermen.

I am pleased we are only discussing Second Stage as it allows the Minister to reflect on some of the issues before Committee Stage. Sinn Féin fully supports the Fianna Fáil Party amendment. I hope it will protect and address the concern I have articulated. I ask the Minister to explain the reason he has moved so swiftly with this legislation, which appears to be premature, particularly given the threat Brexit poses to our fishing communities and the statement by the British Government that it will take control of UK waters. I would like to understand what is the Government's strategy on this issue.

The idea of all fishing communities in the Thirty-two Counties making collective use of the waters around this island is laudable. However, if it is the case that the playing pitch is not even and fishermen in the North will have access, post-Brexit, to all UK waters, fishing communities in the Twenty-six Counties will be squeezed. I would like assurances from the British Government on how it proposes to protect historical fishing rights. The Minister stated he wishes to place the voisinageagreement on a legislative footing and continue with the status quo,which appears to be a laudable objective. However, the difficulty has been that multinational companies and major operators in the fishing industry started to fish mussel beds in Irish waters and the impact on the fishermen's livelihoods here was such that they were willing to take a case all the way to the Supreme Court. This must have required a horrendous financial outlay.

How will the Minister ensure the legislation does not contain loopholes? Will it provide that only small craft will be able to move back and forth, a premise to which no one will object? The Government is offering a generous arrangement to fishermen and, arguably, to the UK Government. What is the reciprocal agreement? What is the British Government offering? Has it given an undertaking to address our concerns regarding the red area on the map to which I referred?

A great deal of clarification is needed and much more work must be done before the Minister will be able to secure the support of both Houses. The sooner this is done, the better.

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