Written answers

Tuesday, 22 March 2022

Department of Agriculture, Food and the Marine

Fishing Industry

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal, Sinn Fein)
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1142. To ask the Minister for Agriculture, Food and the Marine the status of negotiations with the British government to restore access to the waters round Rockall for Irish fishermen; if he considers this to be a breach of the spirit of the European Union and United Kingdom Trade and Cooperation Agreement; and if the European Commission have been involved in these negotiations; and if he will make a statement on the matter. [14391/22]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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Ireland has never made any claims to Rockall, which is a small uninhabitable granite rock located approximately 160 nautical miles west of the Scottish islands of St. Kilda and some 230 nautical miles to the north-west of Donegal. Nor has Ireland ever recognised British sovereignty claims over Rockall and accordingly has not recognised a 12 nautical mile territorial sea around it either. This remains the position of the Government.

The Government has been in contact with the relevant Scottish and UK authorities on Rockall over recent years and intensively since the beginning of last year. Through this engagement, the Government is seeking to address the issues involved, reflecting the longstanding fisheries tradition in the area.

Both myself and Minister for Foreign Affairs and Defence, Simon Coveney T.D., as well as our respective officials, continue to consider all options for further engagement on the issues involved and are working closely together. Our officials also remain in ongoing contact with the European Commission on all matters relating to the EU-UK Trade and Cooperation Agreement, including fisheries.

Minister Coveney met with his Scottish counterpart, Cabinet Secretary for the Constitution, External Affairs and Culture, Angus Robertson on 9 March and discussed the issue of Rockall. They agreed to continue to prioritise this matter and to work together to seek to resolve outstanding issues.

Photo of Pádraig Mac LochlainnPádraig Mac Lochlainn (Donegal, Sinn Fein)
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1143. To ask the Minister for Agriculture, Food and the Marine the status of negotiations with the British Government on the legal status of Lough Foyle; if his attention has been drawn to the negative consequences of the failure to reach an agreement on the issue in the years that have passed since the Good Friday Agreement; and if he will make a statement on the matter. [14392/22]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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Negotiations regarding the jurisdiction of Lough Foyle along with any other jurisdictional issues are, in the first instance, a matter for the Department of Foreign Affairs.

The management of aquaculture and associated foreshore licensing function in Lough Foyle and Carlingford Lough gives rise to legal and jurisdictional complexities. Applications for Aquaculture licenses are considered by my Department under the provisions of the 1997 Fisheries (amendment) Act, the 1933 Foreshore Act, and applicable EU Legislation. However, in the case of Lough Foyle, Section 2 of the 1997 Fisheries (Amendment) Act disapplies the Act to the Moville Area, as it is defined in the Foyle Fisheries Act, 1952.

The Good Friday Agreement provided for the establishment of the Foyle, Carlingford and Irish Lights Commission (FCILC). This body is one of the six North South Implementation Bodies created under the Agreement. The Loughs Agency, as part of the FCLIC, has been given responsibility for fisheries related matters in respect of both Lough Foyle and Carlingford Lough and the legislation envisages that the Agency will enter into management agreement with the relevant authorities in both jurisdictions with a view to assuming responsibly for aquaculture licensing within the loughs.

My Department organises and participates in an inter-departmental working group which is pursuing a way forward in terms of the future management of aquaculture and associated foreshore activities on Lough Foyle and Carlingford Lough, in parallel with a workable resolution of the complex jurisdictional issues involved. Discussions in respect of the management agreement are ongoing.

Negotiations regarding the jurisdiction of the Lough Foyle and Carlingford Lough along with any other jurisdictional issues are in the first instance, a matter for the Department of Foreign Affairs. In view of the multi-dimensional and cross jurisdictional nature of the issue involved, it would not be appropriate to comment further at this time.

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