asked the Minister for Finance the date of publication and the record number of the ordnance survey map which shows the territorial waters of the State.
Ceisteanna—Questions. Oral Answers (Resumed). - Territorial Waters: Ordnance Survey Map.
29.
No ordnance survey maps showing the territorial waters of the State have been published. These may be ascertained by reference to the Maritime Jurisdiction Act, 1959 (Straight Baselines) Order 1959 (Statutory Instrument No. 173 of 1959) and the Maritime Jurisdiction Act, 1959 (Charts) Order (Statutory Instrument No. 174 of 1959).
The first order sets out the straight baselines from which territorial waters are measured, for the Atlantic coastline from Malin Head to Carnsore Point and has a diagram map attached. Under the second order, the baselines from which the territorial waters for the remainder of the coastline are measured are the low-water marks shown on the Admiralty London charts.
Surely the Minister is aware that a foreign power purports to exercise jurisdiction over some of the territorial waters of this State, particularly over waters in some bays and loughs which form the boundary between this State and the North of Ireland and having regard to the fact that under international law and agreement between Ireland and Britain the territorial waters of this State are recorded as being the waters surrounding the whole island? Would the Minister not consider it advisable to issue from the Ordnance Survey Office a map which would clearly and distinctly state and indicate what the territorial waters are?
If the matter were as clear as the Deputy has stated I would certainly consider that but of course it is not as clear as that. The Deputy will be aware that a foreign power claims jurisdiction not only over the waters in question but over six counties of our country as well.
Question No. 30.
The Minister presumably makes a distinction between the position as recognised in international law and established by international agreements and the aspirations of this State.
I am referring to the Constitution.
I am referring to the question we raised. Does the Minister not feel there is something rather odd about the reluctance of Ministers to admit even our legitimate claim under the Treaty to the territorial waters while continually aggravating the circumstances in Northern Ireland by making a claim to jurisdiction over the territory of Northern Ireland?
If the matter, as I said, were as clear cut as is suggested by the Deputies there would not be any problem. It is implied by both Deputy Ryan and Deputy FitzGerald that as a clear cut matter of international law the territorial waters adjoining the Six Counties are ours. This is not by any means as clear as is implied by the Deputies. I am not saying it is not so. I am saying it is not as clear as the Deputies are suggesting.
Would the Minister not agree that the territory of Northern Ireland is defined as being parliamentary counties? Will the Minister not agree from his own knowledge of the Ordnance Survey Office that parliamentary counties do not include territorial waters and, accordingly, there can be no question whatsoever about the territorial waters surrounding the whole island being in fact the territorial waters of this State and nobody else's?
I agree that the Six Counties territory is defined as stated by the Deputy but I am not prepared to be put in the position of trying to argue a case against our claim to the territorial waters which is what I would have to do in order to answer the Deputy's question. I do not propose to do that.
Question No. 30.
It is the Minister who has cast doubt on this.
I am calling Question No. 30. Question 29 is purely a statistical question. Other Deputies may wish to have their questions answered.