Willie Penrose (Longford-Westmeath, Labour)
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722. To ask the Minister for Agriculture, Food and the Marine the reason he has failed to consult with representatives of the fishing industry that have serious issues to address in the context of the Sea-Fisheries (Amendment) Bill 2017 which seeks to deal with a decision of the supreme court in relation to the voisinage arrangements; if his attention has been drawn to the fact that under the provisions of the common fisheries policy he is obliged to consult with fishery interests and group representatives on policy matters; and if he will make a statement on the matter. [11918/17]

Michael Creed (Cork North West, Fine Gael)
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The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address the issues raised by the Supreme Court judgment of 27 October 2016 and the Bill was published on 13 February 2017. The Bill is available on the Oireachtas website.

The Supreme Court judgment found that fishing by Northern Ireland vessels within the 0 to 6 nautical mile zone of the territorial waters of the State under the Voisinage arrangements is not currently provided for in domestic law. The voisinage arrangements are long-standing reciprocal arrangements which allow fishing boats from Northern Ireland access to fish within the 0 to 6 nautical mile zone of the territorial waters of the State and vice versa.

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 Supreme Court in fact noted that the arrangements were a sensible recognition at official level of practice and tradition, where fishing boats traditionally fished neighbouring waters. 

Voisinage arrangements were in place prior to the London Fisheries Convention 1964 and were continued under the terms of the Convention.  The arrangements are compliant with the Common Fisheries Policy, as Article 5 of EU Regulation 1380/2013 recognises and permits neighbourhood arrangements (such as the voisinage arrangements) which existed before the Common Fisheries Policy came into force.

The purpose of the Bill is not to change long-standing fishing access arrangements but to take account of the Court’s judgment and provide for arrangements that existed prior to 27 October to be reinstated within a legislative framework. Access continues to be accommodated for Irish sea-fishing boats to fish within the Northern Ireland 0 to 6 nautical mile zone. The Bill will fulfill Ireland’s obligations and give the voisinage arrangements a proper legal footing.