asked the Minister for Foreign Affairs the extent of Irish territorial waters; and if there are any plans to extend these limits.
Ceisteanna—Questions. Oral Answers - Territorial Waters.
23.
As I informed the Deputy in March of this year in reply to a similar question from him, Irish territorial waters, in accordance with section 3 of the Maritime Jurisdiction Act, 1959 extend to three nautical miles from the nearest point of the baseline. There are no plans at present to extend the limits of our territorial seas.
How is it that some countries have a territorial limit of 12 miles and others a territorial limit extending to as many as 200 miles? Surely a three-mile limit is very small in this day and age. Why can we not create a greater territorial jurisdiction?
With respect to the Deputy, at present our territorial limit is three nautical miles. The question of whether the Law of the Sea Convention permits extension of the territorial jurisdiction to 12 nautical miles is being examined at present. It appears that this may be possible, but until such time as this examination is completed, it is not proposed to extend the territorial limit.
May I repeat my question? Why have some countries an effective 12 mile territorial limit before the finalisation of the Law of the Sea Conference? Why can we not have the same?
I am afraid that I would need separate notice of a question regarding what other countries do.
Surely that is a very simple matter to explain. Also, if there is no definite conclusion to the Law of the Sea Conference, can we go ahead and take unilateral action in defining our own territorial limit?
As I have just now repeated, in accordance with section 3 of the Maritime Jurisdiction Act, 1959, the extent of three miles from the nearest point of the baseline is as far as we can go right now.
But other countries have 12 miles.
I cannot answer for other countries.
Would the Minister not agree that a three-mile limit, and no plans to extend it, effectively limits our commitment to neutrality?
With regard to the extension of the three-mile limit, I have already told Deputy Deasy that this matter is being considered at present and being examined by our legal experts. Could I have the second part of the question please?
Would the Minister not agree that the acceptance of a three-mile limit is a serious limitation of an effective policy on neutrality?
That is totally outside the relevance of the question asked by Deputy Deasy. I would need notice of it.
24.
asked the Minister for Foreign Affairs if he will indicate the sea area over which he has jurisdiction.
In accordance with international law, Ireland's sovereignty extends beyond its land territory to an adjacent belt of sea, described as the territorial sea, as well as its bed and subsoil. The outer limits of Ireland's territorial seas, in accordance with section 3 of the Maritime Jurisdiction Act, 1959, is the line every part of which is at a distance of three nautical miles from the nearest point of the baseline. Sovereignty is exercised subject to the rules of international law, which include the right of innocent passage for the ships of all States.
Ireland also enjoys sovereign rights over the Continental Shelf for the purpose of exploring it and exploiting its natural resources. The Continental Shelf comprises the sea-bed and subsoil of the submarine areas that extend beyond the territorial sea throughout the natural prolongation of the land territory to the outer edge of the continental margin. This means in some areas for Ireland Continental Shelf jurisdiction out as far as 350 nautical miles. The rights of the State to explore and exploit the Continental Shelf are vested in the Minister for Industry and Energy by virtue of section 2 of the Continental Shelf Act, 1968. These rights do not affect the legal status of the superjacent waters, or of the air space above the waters and the exercise of the rights must not infringe navigation or other rights of other States. The Government have by various orders made under this Act designated the areas within which these rights are exercisable.
With effect from 1 January 1977, Ireland's exclusive fishery limits were extended in the line with those of other EEC countries to 200 nautical miles from the nearest point of the baseline.
The Minister did not define the exact limitations of the Continental Shelf to which he referred in his reply. However, he told the House that we have jurisdiction over the Continental Shelf, rights of exploration——
That is correct.
——and rights to the seabed and so on.
That is correct.
A point which has come up quite a lot in public debate lately is whether we have a right to objects lying on this same seabed, such as the wrecks of ships. Could the Minister answer this question, please?
We would not have a right to what would be found in these wrecks, I should imagine. Certainly, they should be lodged here until such time as claim would be made on anything of value, by those with a legal claim to those articles of value.
Is the Minister saying that the effects of the wreck of the Lusitania should be landed in this country?
I would think so, yes.
That is not the case at present.
I am having inquiries made into this matter and will have something reasonably definite on the matter in the near future. I will communicate with the Deputy.
I am sure the Minister is aware that there is great public concern in this case.
I am certainly aware of that.
Would the Minister give a reassurance to the House that the jurisdiction, as he has identified it, extends to the full width of the areas of Carlingford Lough and Lough Foyle?
That is a separate question.