Written answers

Thursday, 24 November 2016

Department of Agriculture, Food and the Marine

Fishing Industry

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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226. To ask the Minister for Agriculture, Food and the Marine his views on the implications of a recent Supreme Court decision for the fishing industry (details supplied); the action he will take in response to the judgment; and if he will make a statement on the matter. [36723/16]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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I note that the Deputy refers to the recent Supreme Court judgment related to fishing by Northern Ireland vessels within the 0-6 nautical mile zone of the territorial waters of the State.  The judgment arose from an appeal taken by a number of Irish mussel seed fishermen against the findings of the High Court. 

On 27 October the Supreme Court issued judgment in which it determined that fishing by Northern Ireland vessels within the 0 to 6 nautical mile zone of the territorial waters of the State is not permitted by law.   

The London Fisheries Convention 1964 allowed that each Coastal State could assert exclusive fishing rights within 6 nautical miles from its baselines (Article 2).  It also provided for contracting parties to allow those fishermen from another coastal state who had habitually fished within that belt to continue to do so by reason of Voisinage arrangements (Article 9). On this basis, pre-existing reciprocal arrangements were re-affirmed at the time by means of an exchange of letters in the 1960s between the UK/Northern Ireland and Ireland which allowed for vessels from Northern Ireland to fish within Ireland’s 6 nautical mile zone and vice versa. The Common Fisheries Policy (Article 5 of Regulation 1380/2013) provides for the continuation of such neighbourhood arrangements. 

In light of the Supreme Court judgment, fishing by Northern Ireland vessels in Irish territorial waters is not currently provided for in domestic law. The application of the judgment is to all fishing by Northern Irish fishing vessels in the 0-6nm zone relying on the Voisinage Arrangements; fishing activities which have a legal basis (reliant on access arrangements to Ireland’s 6-12nm zone in the EU Regulation 1380/2013) are not affected. 

It is important to note that the Supreme Court upheld the High Court finding that the Voisinage arrangements are not invalid but that, as it stands, there is insufficient provision in domestic law for them. The Government has been notified of the development and the Attorney General’s Office is examining the Supreme Court judgment, as part of the Government’s active consideration of the situation.  It is my intention to bring a proposal to Government to prepare a legislative amendment to address the issue raised by the judgment.  

Photo of Pearse DohertyPearse Doherty (Donegal, Sinn Fein)
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227. To ask the Minister for Agriculture, Food and the Marine if his attention has been drawn to the impact which a ruling (details supplied) will have on fishing communities which have traditionally benefitted from North-South co-operation in the area of fishing; if legislation will be introduced to reverse the court's decision; and if he will make a statement on the matter. [36724/16]

Photo of Michael CreedMichael Creed (Cork North West, Fine Gael)
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I note that the Deputy refers to the recent Supreme Court judgment related to fishing by Northern Ireland vessels within the 0-6 nautical mile zone of the territorial waters of the State. The judgment arose from an appeal taken by a number of Irish mussel seed fishermen against the findings of the High Court.

On 27 October the Supreme Court issued judgment in which it determined that fishing by Northern Ireland vessels within the 0 to 6 nautical mile zone of the territorial waters of the State is not permitted by law.

The London Fisheries Convention 1964 allowed that each Coastal State could assert exclusive fishing rights within 6 nautical miles from its baselines (Article 2). It also provided for contracting parties to allow those fishermen from another coastal state who had habitually fished within that belt to continue to do so by reason of Voisinage arrangements (Article 9). On this basis, pre-existing reciprocal arrangements were re-affirmed at the time by means of an exchange of letters in the 1960s between the UK/Northern Ireland and Ireland which allowed for vessels from Northern Ireland to fish within Ireland’s 6 nautical mile zone and vice versa. The Common Fisheries Policy (Article 5 of Regulation 1380/2013) provides for the continuation of such neighbourhood arrangements.

In light of the Supreme Court judgment, fishing by Northern Ireland vessels in Irish territorial waters is not currently provided for in domestic law. The application of the judgment is to all fishing by Northern Irish fishing vessels in the 0-6nm zone relying on the Voisinage Arrangements; fishing activities which have a legal basis (reliant on access arrangements to Ireland’s 6-12nm zone in the EU Regulation 1380/2013) are not affected.

It is important to note that the Supreme Court upheld the High Court finding that the Voisinage arrangements are not invalid but that, as it stands, there is insufficient provision in domestic law for them. The Government has been notified of the development and the Attorney General’s Office is examining the Supreme Court judgment, as part of the Government’s active consideration of the situation. It is my intention to bring a proposal to Government to prepare a legislative amendment to address the issue raised by the judgment.

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