Michael Creed (Cork North West, Fine Gael) | Oireachtas source

As part of our strategy, we are trying to forge an alliance of member states with shared interests in the fishing industry. Vessels from many countries fish in the red zone marked on Senator Mac Lochlainn's map. While we may regularly disagree at December Council meetings about what is strategically the best approach for individual industries, we have a significant common platform on Brexit and we are trying to negotiate that.

It is also strategic to recognise the connection here. Reciprocity is the fundamental basis of the voisinageagreement, under which Irish fishermen can go North and Northern fishermen can come South. Currently, however, we can go North and fish within six nautical miles of the coast, whereas fishermen from the North are legally prevented from fishing in our waters. Prior to 27 October 2016, a reciprocal arrangement applied and we should not lightly dismiss the principle of reciprocity.

We should also be conscious of the linkage in place in the context of the deal we are trying to negotiate at EU level on Brexit. The right thing to do is to pass legislation to provide for the voisinagearrangements. It is an example of a partitionist mentality to describe boats owned by Irish fishermen in Northern Ireland as British boats. In many cases, these boats have been registered by people living in the Republic for a variety of reasons. We must see the big picture because there are many different manifestations of registration. We must bear in mind the fundamental principle of reciprocity which allows our fishermen to go North under the same terms as Northern fishermen could come South until 27 October last. However, Northern fishermen no longer have a legal basis for coming South, whereas Southern fishermen can still fish off the Northern coast under the arrangements in place under the London convention agreed in the 1960s. That is the critical issue. The amendment in Senator Paul Daly's name will be debated on Committee Stage.

Other speakers raised issues of sustainability, mussel seed, etc. The Marine Stewardship Council, MSC, issues a sustainability badge which retailers, in particular, seek when selling produce on the supermarket shelves. This MSC label is sought after because it is the badge of sustainability and one which is not easy to obtain. A significant number of players in the mussel industry have achieved authenticity in terms of sustainability. The mussel fishery is jointly managed by the authorities in the Republic and Northern Ireland and closed and open seasons apply.

Snippet Ref No: SS00100 ... Edit Snippet | Insert Snippet | Delete Snippet | Insert Heading | Quick Edit [Procedural Text] [Instruction - No] There are assessment agencies, for example, the Marine Institute and Bord Iascaigh Mhara, BIM. Pillage of the resource is not allowed and is in no one's interests. There is a management process. Obviously, we are discussing more than just the mussel industry, but I appreciate that it is a significant player, given the stakes involved. Neither we nor the authorities in Northern Ireland have an interest in having a feast and a famine. We must manage the fishery which is an integral part of what happens in the open season, the closed season, stock assessments, etc., which is as it should be. BIM, the Marine Institute, my Department, Northern departmental officials and forum consultations with the industry form part of that management process. Senator Grace O'Sullivan made a point with which I disagree on agriculture being promoted at the expense of fisheries. Over its lifetime the rural development programme will have European funding of €220 million for the fishing industry. It is a remarkable vote of confidence that, in the teeth of a challenge for it that is as significant as Brexit, the industry is stepping forward and investing in new product development, processing facilities and a range of initiatives that the programme is funding at a record level. It is backed by the European Union and the Exchequer on a scale that has never been envisaged before and in conjunction with capital investment. For example, there has been significant capital investment in difficult times in the six State-owned harbours from Killybegs to Castletownbere and all points in between. That is as it should be, as these harbours are a critical part of our infrastructure. Senator Kevin Humphreys stated the industry had been short-changed when we joined the European Union in 1972. I have heard that point being made repeatedly. Interestingly, the industry is multiple times larger than it was at the time in terms of the tonnage landed, the added value delivered and the jobs it supports in marginalised communities where there are not many other employment opportunities. It is not, however, an industry without difficulties, but it has significant potential if given the proper legal and economic frameworks. Critical to achieving that potential is quota access. Senator Pádraig Mac Lochlainn raised this matter in the context of the threats posed by Brexit: access to UK territorial waters, its quota share and displacement. Even in the teeth of these issues, the industry is still putting up its hand, for which I salute it, and stating it has confidence in its ongoing development of products, processing facilities, etc. Securing the best possible outcome is a challenge. If people believe the European Union and the CAP are complicated, the Common Fisheries Policy is the most miasmic tapestry one could ever imagine. Trying to unravel it by picking out the United Kingdom poses a considerable challenge. The United Kingdom has a strong hand, but if we negotiate Brexit collectively and in the broadest context of the EU trade environment, we can deliver the best possible outcome for the industry. I have listened to the detail of Senators' points, but I ask Members to bear in mind the simple point of reciprocity. We are only giving what we have received from the other side. The Supreme Court's judgment is interesting. Among a number of the justices who commented, Mr. Justice O'Donnell called the cross-Border approach to fisheries "an important area of cooperation between the jurisdictions." He also stated there was "much to applaud" and that such co-operation was "arguably an implementation of the constitutional provisions which have been in place since 1999, which expressly contemplate cross-border cooperation in a number of areas." The Good Friday Agreement specifically mentions aquaculture and fisheries as sectors in which there is potential for co-operation. This is about bridge building and co-operation. We have come through the sectarian head count of the election in Northern Ireland. It is when we step outside the straitjacket and discuss issues of collective, cross-Border concern that equally are cross-community issues, for example, economic issues or concerns about an industry, that we can make progress. At the heart of the legislation is the question of reciprocity. The fundamental point is that are not changing anything that did not exist before 27 October. We can debate the detail of the matter. I take Senator Gerald Nash's point about pre-legislative scrutiny and have consulted the industry via correspondence. We did not undertake the formal pre-legislative scrutiny process because the Bill does not change anything fundamentally that did not exist before 27 October. We are not breaking new ground or introducing something that is substantially different. Granted, the Bill creates a legislative framework, but it is only legislating for that which existed on a non-legislative basis. I appreciate the Senator's wry smile, but I am open to engaging in that dialogue on Committee Stage. At its heart, the Bill is about reciprocity. I hope I have not missed any Senator's points, but I commend the legislation to the House. We will have a detailed conversation on Committee Stage.Snippet Ref No: SS00200 ... Edit Snippet | Insert Snippet | Delete Snippet | Insert Heading | Quick Edit [Speaker] Acting Chairman (Senator Gerry Horkan): I thank the Minister for his comprehensive response.Snippet Ref No: SS00300 ... Edit Snippet | Insert Snippet | Delete Snippet | Insert Heading | Quick Edit [Procedural Text] [Instruction - Yes] Question put and agreed to.Snippet Ref No: SS00400 ... Edit Snippet | Insert Snippet | Delete Snippet | Insert Heading | Quick Edit [Speaker] Acting Chairman (Senator Gerry Horkan): When is it proposed to take Committee Stage?Snippet Ref No: SS00500 ... Edit Snippet | Insert Snippet | Delete Snippet | Insert Heading | Quick Edit [Speaker] Senator Michelle Mulherin: Next Tuesday.Snippet Ref No: SS00600 ... Edit Snippet | Insert Snippet | Delete Snippet | Insert Heading | Quick Edit [Procedural Text] [Instruction - Yes] Committee Stage ordered for Tuesday, 14 March 2017.Snippet Ref No: SS00700 ... Edit Snippet | Insert Snippet | Delete Snippet | Insert Heading | Quick Edit [Procedural Text] [Instruction - Yes] The Seanad adjourned at 5.35 p.m. until 10.30 a.m. on Thursday, 9 March 2017.End of Take