Charlie McConalogue (Donegal, Fianna Fail)
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463. To ask the Minister for Agriculture, Food and the Marine if a system to facilitate persons (details supplied) fishing will be put in place; and if he will make a statement on the matter. [6785/18]

Michael Creed (Cork North West, Fine Gael)
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As the Deputy will be aware, on 27 October 2016, the Supreme Court issued a judgment in a case taken by a number of mussel seed fishermen. In the judgment, the Supreme Court found that fishing by Northern Ireland boats within the 0 to 6 nautical mile zone of the territorial waters of the State under the Voisinage arrangements is not permitted by law. The Voisinage arrangements are long-standing reciprocal arrangements which have allowed 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 for them in domestic law. 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.

The application of the judgment is to all fishing by Northern Irish fishing boats in the 0 to 6 nautical mile zone, measured from the baselines, relying on the Voisinage arrangements. Foreign fishing vessels are not permitted to fish inside the baselines. Fishing activities that have a legal basis are not affected, such as those reliant on the access arrangements to Ireland's 6 to 12 nautical mile zone set out in Regulation (EU) No. 1380/2013 of the European Parliament and of the Council.

The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address issues raised by the Supreme Court judgment, in so far as it relates to access for Northern Irish vessels. If enacted and commenced, the Bill will give the Voisinage arrangements a proper legal footing. The Bill was published in February 2017 and is available on the Oireachtas website. The Bill has commenced debate in the Seanad.

In July 2017, the UK Government formally announced that it is leaving the 1964 London Fisheries Convention. The Convention deals primarily with access rights to countries 6 to 12 nautical mile zones and much of these are also included in Common Fisheries Policy. Article 2 of the Convention precludes countries from fishing in another country’s 0 to 6 nautical mile zone. However, Article 9 of the Convention gave countries the option to come to arrangements with their neighbours to allow access inside the 0 to 6 nautical mile zone if so desired. This was the basis for the Voisinage arrangements.

The UK has intimated it would like to retain the Voisinage arrangements element of the London Fisheries Convention. Ireland will continue to reflect on all relevant issues in the context of Brexit negotiations and the progress ofthe Bill.

Under EU Regulation, every commercial sea-fishing boat needs to have a licence, held by the owner of the boat, and in accordance with the Common Fisheries Policy, every Member State must manage the size and scale (capacity) of its fishing fleet. Fishing capacity in Ireland, in theform of gross tonnage and engine power, is a privately owned, tradable asset that, with certain exceptions, may be sold, traded or realised as a financial asset on the tonnage market. To licence a sea-fishing boat, capacity must be provided by the applicant as part of the licensing process. Currently the licensing process for a sea-fishing boat does not incur a charge. I do not consider that the proposal set out meets the terms of EU Regulation and accordingly I do not see scope to explore this option.