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

The amendment Senator Mac Lochlainn and his colleagues have proposed seeks to amend the text of section 10 to add to the description of a foreign sea-fishing boat. The Senators will wish to be aware that the Bill intends to amend Part 2 of the Sea-Fisheries and Maritime Jurisdiction Act 2006, and so the definitions within that Part of the Act apply to terms or phrases used in this Bill. Within that Part, the definitions already address the Senator’s concern. I will read the definitions for information for the House.

“sea-fishing” means fishing for or taking fish or sea-fish;

“sea-fishing boat” means any ship, boat or other vessel of whatsoever kind used for sea-fishing and includes any vessel or boat used for the treatment of fish or partly or wholly for the transport of fish;

The Senator’s amendment is therefore unnecessary as the definitions already encompass the elements the amendment seeks to include. Irish aquaculture boats are sea-fishing boats within the meaning of the Sea-Fisheries and Maritime Jurisdiction Act 2006 and are licensed accordingly. Irish aquaculture boats which engage in fishing for mussel seed must be licensed to do so and so it follows that Northern Ireland aquaculture boats must also be licensed appropriately by its own jurisdiction. I understand that the authorities in Northern Ireland have and do license their vessels to fish for mussel seed and apply terms and conditions just as is the case for Irish sea-fishing boats which engage in the same form of fishing. I will quote from Mr. Justice O’Donnell’s judgment in the Supreme Court for the benefit of the House.

In particular I agree that reciprocity is only required at the general level of fishing, and is not required at the level of each species. I also accept that the arrangement must be a flexible one if it is to permit the fishing now carried out. The corollary is however that the present fishing is not within the precise terms of the 1965 correspondence.

Reciprocity at the level of fishing means that if an Irish sea-fishing boat is permitted or restricted in a particular way, then the same must apply to a Northern Irish sea-fishing boat while fishing under the arrangements and vice versa. I am introducing amendments which set out the policies and principles which will apply to give assurance to those concerned that there is no question of preferential treatment for Northern Irish sea-fishing boats. I wish to return to the point made by Senator Mac Lochlainn about consultation. I had extensive consultation with the National Inshore Fisheries Forum as recently as last Thursday. The National Inshore Fisheries Forum signed off on the press release issued in the context of the consultations we had, as did all the other principal officers in the room. That is simply the fact of the case. All of them signed off on the press statement that I issued subsequently.

I find myself in the regrettable position of having to decline the Senator's invitation to meet Mr. Kelly. A court case is ongoing. It is not possible to ring-fence the content of the first element of the case from what is currently before the courts. A judgment was issued last Friday. It remains to be perfected and there is entitlement to appeal it. Senators are possibly aware that the stakes of the court case are significant indeed. I do not propose to jeopardise the State's case in that litigation by engaging in bipartisan engagement with the litigants. That is simply not something to be countenanced and it would not be in the interests of the State's position. I very much regret Mr. Kelly's course of action and I recognise that he is a significant player and stakeholder in the industry generally. However, it cannot be that the Government, Seanad, Dáil or I would be held prisoner in terms of our objectives by the actions of any single stakeholder. What this legislation is about is what is perceived to be in the best interests of the Legislature and the country.