Declan Breathnach (Louth, Fianna Fail)
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436. To ask the Minister for Agriculture, Food and the Marine if any fishing organisations were consulted with regard to the Sea Fisheries (Amendment) Bill 2017; and if he will make a statement on the matter. [14835/17]

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.

While the Bill proposes to restore access to Northern Ireland boats to fish, under the terms of the Voisinage arrangements, this access is subject to the same conditions that apply to Irish sea-fishing boats. The Bill itself does not apply the specific conditions. Therefore, other parallel associated measures will be required to ensure that conditions in place for Irish sea-fishing boats are appropriately applied to Northern Ireland boats fishing under the Voisinage arrangements. The process of identifying which conditions may need to be legislated for is under way. The conditions will include such restrictions as currently apply to Irish sea-fishing boats. When the necessary measures have been identified, the most appropriate mechanisms for applying them to Northern Ireland boats will be determined. The objective will be for these measures to come into effect at the same time as commencement order for the Bill. Together, the Bill and the associated measures will re-establish the status quo for fishing access that existed under the Voisinage arrangements before the Supreme Court's judgment on 27 October. The only difference will be that the Voisinage arrangements will be provided for within a legislative framework. The access arrangements for Northern Ireland boats will not change as a result of this Bill, Northern Ireland boats will simply regain fishing access they have had for decades under the Voisinage arrangements in the zero to six nautical mile zone of the territorial waters of the State. They will also continue to be subject to the same measures that apply to Irish-registered fishing boats.

Fishing industry representatives have been briefed on the Bill and the associated measures at recent meetings with my Department. I have also exchanged correspondence with fishing industry representatives and with deputies who made representations on behalf of concerned fishermen.  I would reiterate that 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 2016 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.