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Dáil Éireann debate -
Tuesday, 17 Jun 1952

Vol. 132 No. 9

Ceisteanna—Questions. Oral Answers. - Exclusive Fishery Limits.

asked the Minister for Agriculture whether he has yet had an opportunity of considering the recent decision of the International Court of Justice at The Hague concerning the delimitation and measurement of the exclusive fishery limits in the dispute between Britain and Norway; and, if so, whether or not he proposes to take any steps to ensure the application of the principles therein contained to our exclusive fishery limits.

The position is still as stated in the reply given to the Deputy on 4th June.

Could I have any indication as to when the Parliamentary Secretary would consider this matter?

I am afraid I cannot give any indication to-day.

Would the Parliamentary Secretary not consider that it would save his time and the time of the House, as well as printing costs, if I could be saved the trouble of repeating this question day after day? If the Parliamentary Secretary could give an indication that, say, in a fortnight's time, he would have an opportunity of considering the matter, I would delay my question until then. I am not being unreasonable in this matter. I raised it for the first time last January, and since then I have been getting the answer that the matter has not yet been considered.

If the Deputy is satisfied that it is necessary for him to put down this question every day, to ensure that the consideration of the matter will be expedited, I have no objection, but I want to assure him that there has been no avoidable delay.

January to June is a long delay in regard to getting an answer to a question.

asked the Minister for Agriculture whether any Order or regulation was made under the Sea Fisheries Protection Act, 1933; and, if so, if he will state whether any such Order or regulation defines or delimits our "exclusive fishery limits".

The only regulations so far made under the Sea Fisheries Protection Act, 1933, are:—

Sea Fishing Boats (Order to Stop) Regulations, 1934 (Statutory Rules and Orders, 1934. No. 39).

Sea Fishing Boats (Order to Stop) (Amendment) Regulations, 1940 (Statutory Rules and Orders, 1940. No. 138).

A definition of exclusive fishery limits is not included in either of these regulations.

Is there any definition of "exclusive fishery limits" in existence?

There is no definition available that would suit the Deputy's purpose.

It is not for my purpose but for the purposes of the country. Are there any definitions of our exclusive fishery rights?

If the Deputy wishes I will read the only definition that is available.

I would like to have it.

This is the definition to be found in Section 2 of the Sea Fisheries Protection Act, 1933:—

"In this Act the expression `the exclusive fishery limits of Saorstát Éireann' means that portion of the seas within which citizens of Saorstát Éireann have, by international law, the exclusive right of fishing and where such portion is defined by the terms of any convention, treaty or arrangement for the time being in force made between Saorstát Éireann and any other State includes as regards the sea-fishing boats and subjects of such State the portion so defined."

I take it the Parliamentary Secretary agrees that that does not define our exclusive fishery limits?

That is a separate question.

I have not got an answer to the question which I asked. The question I have asked is in relation to the particulars of any Order or regulation defining our exclusive fishery limits. Surely, somebody must know what these exclusive fishery limits are?

The Minister for Finance does. He is jumping up to give the answer.

The Deputy ought to know that as very considerable harm may be done by any premature statement on this matter, he should refrain from pressing the matter until the various Departments of State have had an opportunity of examining it.

asked the Minister for Agriculture whether he will make available in the Oireachtas Library a map or chart showing the "exclusive fishery limits" of the State.

I regret that I cannot agree with the suggestion made by the Deputy as I do not consider that in present circumstances it would serve any useful purpose to publish a map of the kind referred to.

Surely, the Parliamentary Secretary must realise that it is a most fantastic position where we cannot find out what our exclusive fishery limits consist of? How can we preserve our sea-fishery limits unless we know what they consist of?

Does the Deputy wish me to publish a map showing the minimum extent of our territorial waters which can be assumed to be internationally agreed?

What I am asking the Parliamentary Secretary to do is to consider the judgment given by the court in The Hague and to set out a base line in accordance with those principles showing what our fishery rights consist of in the same way as the Icelandic Government did in regard to the Icelandic fishery limits.

Surely, the Deputy knows that such an obvious thing is being attended to?

I do not because I have asked questions in connection with this matter since last January. First of all, I was told that the Government had not even got a copy of the judgment. I was next told that they were getting a copy and I was then told that a copy would be laid in the Library of the Oireachtas. It has not yet been laid there.

There is good reason, you may be perfectly certain, for any delays that have occurred.

We might be told what the reason is.

The Deputy has been long enough in the Department of External Affairs to know that you proceed with caution in regard to certain matters.

I was long enough in the Department of External Affairs to know that I could get a judgment from the International Court in The Hague within a week.

It is not nonsense.

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