Pádraig Mac Lochlainn (Sinn Fein) | Oireachtas source

I said on the last day when we debated this issue two weeks ago, that we had dealt with this legislation two years ago. It came to this House from the Oireachtas Joint Committee on Agriculture Food and Marine, which had hearings with all of the fishing representative organisations. Every one of them was in opposition to the legislation, as presented then, and hoped their concerns would be addressed.

The Minister chose to park the legislation. No efforts were made to engage with the range of fishing organisations over these two years about this legislation. There were no efforts to engage with other political parties to address our concerns, but more importantly, to address the concerns of the fishing organisations. Nothing has been done in two years. When this was queried from time to time, Brexit and the declaration of the British Government at the time of the London Fisheries Convention was held up as the reason for inaction.

We then hear the argument from the Minister that there was a great urgency and that he needs to proceed and has no time. Gladly, this House forced the Minister to engage in meaningful consultation. That is the reality. The Minister, and his senior officials, would have proceeded with this legislation if they had the numbers without any meaningful consultation with the various fisheries organisations.

That consultation has taken place. It was substantial. The Minister issued a press release afterwards. My understanding is that the Minister is arguing that all the organisations present are in agreement. It does not say in this statement that they are in agreement with the legislation or say that all of the fishing organisations are happy now for the Minister to proceed on the basis of what is here.

This evening I spoke with two very important organisations, namely, the Irish Fish Producers Organisation, IFPO, and the National Inshore Fisheries Forum, NIFF. Both organisations are very clear. They still have substantial concerns with this legislation, how it will impact on them, and more importantly, on the people they represent. They acknowledge that some progress had been made in understanding the Government's position, but there are a range of issues that need to be addressed as to a level playing pitch and assurances about quota and how that will impact them. It is critical that the Minister engages in further dialogue in the next number of days and he cannot be certain that it will go through the Dáil on Thursday. He will need to engage in further dialogue, particularly with the IFPO and the National Inshore Fisheries Forum. This is the forum that represents all the inshore fishermen around the coast.

I want to put this on the record. The front page of The Skippermagazine has good news for the National Inshore Fisheries Forum, which acknowledges the Minister's role in this and helping them to develop their industry. It is completely perplexed as to why on the one hand he has a strategy for the next number of years to try to grow our inshore fishery potential at long last, while on the other hand he does not fully address the concerns that this sector has before he pushes this legislation forward.

I will also put on record that there is a man outside these Houses today, all day. His is name is Gerard Kelly who comes from a respected fishing family based in Greencastle in County Donegal. He has gone on hunger strike. He is a determined man. Do not underestimate Gerard Kelly's resolve. Gerard and the Kelly family submitted proposals that they believe can strike the right balance between the access that we support in this House for small trawlers based in the Six Counties to fish in Irish waters. There is that balance and then there is protecting a range of fisheries. Of particular concern to the Kelly family is the mussel fishery. I ask the Minister to seriously consider this appeal to him to meet with Gerard Kelly and his family in the next 24 hours and to listen to what they have to say. I acknowledge that the Minister has engaged in dialogue with the fishing organisations and that progress has been made but that we are not there yet. The Minister has the ability to address their concerns and to make this legislation work for everybody. What we want with this legislation is fairness for everybody. Voisinage, as it was envisioned, was right and proper for many years. It was about giving access to fisheries on the island of Ireland to small fishermen in particular sectors around our coast. It evolved, unfortunately, into the abuse that led to practically the decimation of the mussel industry, a precious natural resource. I am sure the Minister in his heart of hearts is aware of this.

I also wish to read into the record the conclusion of the High Court judgment of recent days. It states that:

[T]he fact remained that for many years the State permitted Northern Ireland-registered vessels to fish for mussel seed unlawfully to the detriment of the industry. Thus it cannot be said the plaintiff fishermen were well served by the State.

Even though they have not got compensation they have got vindication in those words. Fishermen had to take a case to the Supreme Court, at huge cost to themselves, to defend the natural resources of the Irish people. These fishermen, supported by many more fishermen around the coast, at the 11th hour are appealing to the Minister to meet with them. I am referring here to the National Inshore Fisheries Forum, the IFPO and the Kelly family. Will the Minister meet with these three parties to make one last effort to address their concerns? Does he appreciate the severity of the situation where Gerard Kelly, a very honourable man, is outside these Houses and is commencing a hunger strike? I know that man and I would ask the Minister not to take his actions lightly. They must be taken seriously. I appeal to the Minister's humanity to please meet with this family, the NIFF and the IFPO to address their remaining concerns. I acknowledge the Minister's efforts in the last fortnight. We have moved in the right direction. Let us get it to the right place where everybody can feel comfortable with this legislation. I will not be pressing the amendment on the 12 m limit if the Minister is proposing that all boats over 18 m are excluded and that all boats under that length across the island are permitted, and this is acceptable.

Finally, I will be seeking clarification on the issue of residency. It is really critical that the idea of fishermen from Kilkeel fishing in Irish waters is desirable. We want Irish fishermen to be able to fish in Irish waters, in managed fisheries. We want a level playing pitch for all fishermen. I hope the Minister would share those objectives. We would of course want to reinstate access for genuine Irish fishermen on the island of Ireland. What we want to remove is the potential for some corporate body, away from these islands, using an address in the North of Ireland to abuse the goodwill and the principle of good neighbourliness - which Minister refers to - by using an address in the North, as a flag of convenience to avail of access to precious Irish natural resources.I am seeking clarification on that issue.

I appeal to the Minister to show humanity and confirm that he is willing, with his officials, to meet the Kelly family. There is no issue of sub judicenow and nothing to prevent him from meeting the family to discuss their concerns, not in connection with the case but about this legislation. I also ask him to meet the NIFF once more and to meet the IFPO. Both organisations continue to have concerns.

I also ask the Minister to consider making available the Attorney General's advice. As he will be aware, legal advice being made available to the IFPO is different from the advice the Minister is being given. There is genuine concern, based on legal advice, that this could endanger the vulnerable inshore fisheries. I make that appeal to the Minister and hope he hears what is being said.