asked the Minister for Foreign Affairs when he intends to make an order declaring a 50-mile fishing limit around this country's coast.
Ceisteanna—Questions. Oral Answers. - Fishing Limit.
15.
On 1st January, 1977, the exclusive fishing limits of the State were extended to 200 miles in concert with the other maritime member states of the European Community. Effect was given to this under the Maritime Jurisdiction Act (1959) by the Maritime Jurisdiction (Exclusive Fishery Limits) Order, 1976 made by the Government on 22nd December, 1976. Negotiations for a revision of the common fisheries policy of the Community have now been taking place for a considerable time in the new conditions created by the extension of their exclusive fishing limits to 200 miles by the member states of the Community and several other states. In these negotiations Ireland has been seeking an exclusive fishing zone of up to 50 miles and that remains our position. To date, negotiations have not been concluded. The matter was again discussed by the Council of Ministers at a special two-day meeting held in Luxembourg on 24th and 25th October, in an effort to reach agreement on a revised common fisheries policy. However, the Council did not reach agreement on a definitive fisheries policy to operate for 1978, and their discussions will be resumed at a special fisheries council to be held in Brussels on 5th and 6th December next.
The Deputy will be aware that the European Commission has asked the European Court of Justice to determine the legality or otherwise of the unilateral fishery conservation measures taken by Ireland earlier this year. In its statement of defence on the substantive action submitted to the court the present Government have contended that the provisions of the Council Regulations 2141 of 1970 and 101 of 1976—which provide that
Rules applied by each member State in respect of fishing in the maritime waters coming under its sovereignty or within its jurisdiction shall not lead to difference in treatment of other member States——
took effect only in relation to the maritime waters under the sovereignty or within the jurisdiction of the member states at the time of the adoption of the said regulations and that they do not relate to the maritime waters coming under the sovereignty or within the jurisdiction of Ireland subsequent to that date. Consequently, the right of Ireland to establish an exclusive 50-mile fishing limit must be regarded as subjudice.
Could the Minister give any indication as to how long these discussions are likely to continue? Have the Government set a time limit as far as unilateral action by this Government is concerned on such discussions or will the discussions be interminable?
Negotiations could be interminable or otherwise. We have taken a positive attitude on an exclusive zone as far as Ireland is concerned and the British Government have taken an equally positive stance in relation to their ideas. The other seven Community countries do not agree with the two island countries, and there the matter rests.
Do I understand that the Minister did not propose, contrary to all the promises, to declare such a 50-mile limit?
I keep all cards close to my chest——
(Interruptions.)
Order.
——and all options are open as far as we are concerned.
They could be interminably open.
The Deputy will appreciate that I am in a negotiating position.
Does the Minister propose to negotiate interminably?
Deputy John Kelly wishes to ask a final question.
I am negotiating continually in Ireland's interests.
Do I understand that the Minister proposes to maintain Ireland's defence of our unilateral measures which were applied this spring?
Yes, but that is not the serious matter, the serious matter was raised by Deputy Quinn.
It is a very serious matter. Is it intended to defend those measures?
Yes.
When does the Minister foresee a decision from the court on the substantive action?
Probably before the end of the year.
Could the Minister say if the matter of the exclusive limit of 50 miles was discussed at the last meeting of Ministers?
I made it clear in my reply that I made our position clear on that aspect and that the British made their position clear. Both countries made it quite clear that they wanted such an exclusive zone for the two coastal states concerned, the Republic of Ireland and the United Kingdom. There the position rests. The other seven European countries totally disagree with this.
Can this be raised on the adjournment?