Martin Ferris (Kerry North, Sinn Fein)
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Question 125: To ask the Minister for Agriculture, Fisheries and Food if he agrees with fishing representatives that the Hague Preferences should be placed on a statutory basis rather than being subject to annual negotiation. [43957/08]

Pat Breen (Clare, Fine Gael)
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Question 129: To ask the Minister for Agriculture, Fisheries and Food the steps he is taking to ensure that the Hague Preferences are enshrined in law and not just discussed annually; and if he will make a statement on the matter. [43888/08]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I propose to take Questions Nos. 125 and 129 together.

When Ireland joined the EEC in 1973, the Community received a very significant additional fishing resource out to the 200 mile limit. At that time however, Ireland's fishing industry was totally underdeveloped. In this context, the 1976 Hague Agreement recognised the development needs of peripheral regions whose populations were heavily dependent on fishing activity.

The Hague Agreement allowed Ireland to double its 1975 catches of a number of stocks. These target catches are called the Hague Targets. The UK was also granted a number of Hague Targets. The actual quotas are set for relevant stocks at the average of what the quota would have been without the Hague and the relative proportion of the Hague target.

The Hague Preferences have been a fundamental part of relative stability and have been recognised as such in the Common Fisheries Policy (CFP) framework since 1983. Most recently the Hague Preferences are recognised in Council Regulation 2371/2002 following the review of the CFP in 2001/2002. Further, the European Court (in 1998) upheld the appropriateness of the Council giving effect to the principle of relative stability through the application of the allocation keys together with the operation of the Hague Preference to take account of the special needs of Ireland and the northern part of the United Kingdom. At the Fisheries Council, each December, Ireland has consistently, and successfully, argued that Relative Stability has therefore to be applied taking due account of the prior Hague Agreement.

There is, however, strong opposition to the application of the Hague Preferences from certain Member States and the European Court judgment of 1998 does give discretion on their application to the Council. It is important to be aware that with reduced Total Allowable Catches in recent years, the impact of the application of the Hague Preferences is increasing both for Ireland which gets increased quotas and for other Member States whose quotas reduce. We are likely to face significant opposition to their application at Council this year.

I remain of the view that the invocation of the Hague Preference continues to constitute an essential part of the system of relative stability as applied under the CFP, and will look to the Commission and Council to continue to respect invocations of the Hague Preference at this December Fisheries Council. Going forward, I am also committed to the continuation and strengthening of the Hague Preferences in the CFP legal framework in the planned review which must be completed by 2012.