Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. The purpose of this Bill is to consolidate the State's maritime jurisdiction law into one Act. On the face of it, that is a sensible and admirable purpose but it appears that the Bill's proposers have jumped too many hurdles ahead of the need for the content of the Bill to be debated and scrutinised properly before it becomes law. It makes sense to amalgamate the different elements that the Bill identifies, such as planning for our marine area similar to what is in place for land planning, to regulate all development at sea and to introduce marine protection measures. On that note, I acknowledge the compelling points made by my colleague, Senator Craughwell, relating to the decimation of the Defence Forces and, in the context of this debate, the Naval Service.

The specific concern I wish to raise is the fact that there has been no pre-legislative scrutiny of the Bill by the stakeholders most affected by the proposed legislation. There is a historical pattern of rushing through legislation on maritime issues with little or, in most cases, no proper scrutiny. The Government's approach ultimately begs the question: what is it afraid of? Decisions taken today regarding marine planning will have major repercussions for the future. What we should be doing is taking a step back, scrutinising what is before us in a proper way and after mature reflection and debate deciding accordingly. Can the Minister of State tell Members what discussions there were with counterparts in the North or, indeed, in the EU before bringing this Bill to the Seanad? When there are outstanding issues of sovereignty with the British Government over areas such as Rockall and Lough Foyle, why is the Government proceeding with this Bill?

Although the Irish Government conceded in 1988 that a large part of Rockall was under British jurisdiction, successive Governments have repeatedly stated that they do not recognise Britain's claim of sovereignty over Rockall. Most important to the rock would be the 12 nautical mile limit that would grant rights to have a territorial sea, contiguous zone, exclusive economic zone and continental shelf. Post Brexit, it is imperative that the Irish Government vigorously restates its claim to Rockall, which will allow this and future Governments to continue to pursue the EU fishing quota under the Common Fisheries Policy and under the principle of equal conditions of access to British waters.I am equally concerned about the Bill specifically referring to the United Kingdom Hydrographic Office being used to establish delineation of the territorial sea, the contiguous zone, the exclusive economic zone and the continental shelf. I would like an explanation for this. This is incredible given we are still in a territorial dispute with Britain over a number of maritime issues.

There has to be engagement with our fishing sector on the Bill. It will have a significant impact on the fishing industry concerning foreign vessels, underwater cables, conservation measures, fishing enforcement measures and science research. It is unacceptable that this has not happened. It would also have a bearing on drug trafficking and the presence of nuclear and foreign warships exploiting the seas. Against a backdrop of so many factors, it is not unreasonable to ask the Government to hit the pause button. At this stage, Sinn Féin has not been able to draft amendments for the Bill. However, we are engaging with a number of experts, constitutional academics and NGOs and we intend to table amendments on issues that impinge on the sovereignty of the State when the Bill reaches the Dáil.

Sinn Féin will not support the Bill on the grounds the Government is rushing it through and not discussing it with stakeholders or allowing it to be scrutinised by them, most especially Ireland's fishing sector, not allowing for pre-legislative scrutiny, and asking us to take a leap into the dark with regard to the unknown future consequences of the legislation. That is, of course, my opinion but I am sure it is one shared on this side of the House. It is a wholly unsatisfactory set of circumstances. Our approach will depend on how the Minister of State and his colleagues in government approach our amendments in the Dáil. I sincerely hope, given the concerns I have outlined and the feedback we have received from academics and NGOs, that they will approach those amendments in a positive and collaborative way. This is what is required to ensure the Bill is strengthened and improved.