Thomas Pringle (Donegal, Independent)
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40. To ask the Minister for Agriculture, Food and the Marine the progress made in addressing the implications of the Barlow judgment which currently renders it illegal for fishing vessels registered in Northern Ireland to fish in Irish territorial waters; and if he will make a statement on the matter. [37711/16]

Michael Creed (Cork North West, Fine Gael)
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On 27 October 2016 the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen 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 background to this issue is arrangements which have long been in existence to provide access for fishing.

The London Fisheries Convention 1964 allowed that each Coastal State could assert exclusive fishing rights within 6 nautical miles from its baselines under 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 under 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 provides for the continuation of such neighbourhood arrangements, specifically within Article 5 of Regulation 1380/2013.

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 0-6 nautical mile zone relying on the Voisinage Arrangements; fishing activities which have a legal basis, reliant on access arrangements to Ireland’s 6-12 nautical mile zone in the EU Regulation 1380/2013, are not affected.

I have notified the matter to the Northern Ireland Minister of Agriculture, Environment and Rural Affairs, Michelle McIlveen MLA and I am keeping Minister McIlveen appraised of developments as appropriate. My department is remaining in close contact with the Department of Agriculture, Environment and Rural Affairs in Northern Ireland on the issue.

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. It is my intention to bring a proposal to Government to prepare a legislative amendment to address the issues raised by the judgment and preparations are underway in my department for this.