Joe McHugh (Donegal North East, Fine Gael)
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Question 244: To ask the Minister for Communications, Energy and Natural Resources if the Foyle Fisheries Act 1952 or the Foyle Area (Control of Fishing) Regulation 2010 are technically derogable; and if he will make a statement on the matter. [28522/10]

Conor Lenihan (Dublin South West, Fianna Fail)
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The Foyle Fisheries Act 1952 and its Northern Ireland equivalent, the Foyle Fisheries Act (Northern Ireland) 1952, were amended by the Foyle and Carlingford Fisheries Act 2007 and the Foyle and Carlingford Fisheries (Northern Ireland) Order 2007 respectively. The Foyle Area (Control of Fishing) Regulations 2010 were made by the Loughs Agency (with approval of the Minister for Communications, Energy and Natural Resources and the Minister for Agriculture and Rural Development Northern Ireland through the North South Ministerial Council) under the terms of section 13(1) of the Foyle Fisheries Act 1952 and section 13(1) of the Foyle Fisheries Act (Northern Ireland) 1952.

This primary and secondary legislation remains extant until either such body makes alternative legislative provision for these purposes.

I, as Minister, cannot unilaterally amend the legislation. There is no provision for derogation within the instrument referred to by the Deputy.