Vol. 516 No. 4
5 Mr. Sheehan asked the Minister for the Marine and Natural Resources when his Department will implement the international legislation under the law of the sea convention to protect the fishing fleet against damage and intimidation by other EU and foreign fishing vessels. [7898/00]
I will bring forward legislation to deal with the issue raised by the Deputy as soon as I can find a reasonable and sustainable basis in international law for such legislation. To prepare this legislation, my Department must rely on the advice of the Attorney General's office and the Department of Foreign Affairs.
Intensive legal and technical analyses of the scope for such legislation has been ongoing over the past two years. This has included the commissioning of an independent report from a major authority in this field, in-depth analysis by the Attorney General's office, the preparation of a technical report by my Department working with BIM and the Naval Service, consultation with the Department of Foreign Affairs and, more recently, the receipt of senior counsel advice and the advice of the Attorney General.
The issues involved are extremely complex and nobody should underestimate the difficulties involved. These issues are to be discussed shortly between my Department and the other parties concerned with a view to finalising policy proposals. I regard this matter as highly important and urgent and I assure the Deputy that there has not been and will not be any delay in moving forward.
This country signed the international law of the sea convention in July 1996, which is almost four years ago. We are dragging our feet in implementing it while our trawlers are harassed and some of them sunk by international and EU trawlers.
The Deputy should ask a question.
When will we implement the law of the sea convention we signed four years ago next July? Is the Minister of State aware that Ireland's sovereign rights under international law are ignored? To protect those sovereign rights, Ireland is obliged to take ownership of its sea area, which equates to more than 250,000 square miles of sea. Unless Ireland maintains a presence, other states and their vessels will exercise this sovereign right in sea areas under the control of our State and thereby disenfranchise Ireland in this matter. Why are we afraid to implement the convention? Has the Minister of State received clearance from the Attorney General? Has the Attorney General put it on the back burner? What is wrong? Irish fishermen are the victims of harassment by other European and international trawler owners.
I am aware that an eminent professor of law in Trinity College has given his opinion that there is nothing to prevent the Government from implementing these conventions. However, the legal advice to the Government comes from the Attorney General and it is his opinion which must guide me when I consider these matters. The Irish instrument of ratification of this convention was lodged with the United Nations on 21 June 1996. Unusually for conventions of this type, we ratified it in advance of all the necessary enabling legislation being put in place. The progress of such legislation was co-ordinated by the Department of Foreign Affairs and the previous Minister, Deputy Woods, and the current Minister has been in touch with the Minister for Foreign Affairs to ensure that all outstanding issues under the convention are dealt with as quickly as possible.
The Government is afraid to implement the law of the sea convention within its jurisdiction because of the likely political implications involving some of its European partners. I cannot see why it has taken four years—
The Deputy should confine himself to questions.
I cannot see why it has taken the Government four years to implement the law of the sea convention which was ratified four years ago next July. What is wrong? Who is dilly-dallying? Of whom are we afraid? Action speaks louder than words.
I have no doubt actions speak louder than words. It is unusual that the instrument was lodged on 21 June 1996. As regards the suggestion that we are afraid, nothing could be further from the truth. I am not aware of specific EU legislation in this area. We are free to introduce national measures if we see fit and we intend doing so. However, it is a requirement of EU law that any measures introduced by a member state must be non-discriminatory and applied equally to all EU vessels, including those from Ireland.
