In the recent past there has been an increase in the number of incidents between Irish and foreign fishing vessels, particularly off the south west coast – those Cork fellows again – and an increase in the number of complaints of intimidation and harassment from fishermen. In excess of 50 such incidents have been reported to my Department over a five year period. A detailed review of these incidents has been undertaken and while it is accepted that there were genuine cases of accidental collisions due, in the main, to failure to keep a proper look-out, poor navigational practice and unattended bridge areas, the majority of the incidents which had occurred involved vessels protecting, or trying to protect, their own fishing gear.
I will bring legislative proposals to Government in the very near future to deal with incidents between fishing vessels at sea. These proposals, which are in the course of preparation, involve the giving of powers of arrest to the naval authorities in circumstances where a vessel is suspected of having caused malicious damage to another vessel or its gear. Such powers will, it is envisaged, apply within the 12 mile limit and on the high seas within the 200 mile limit.
The proposal for new legislation follows detailed analysis by my Department, with the Office of the Attorney General and the Department of Foreign Affairs, of the adequacy of existing legislative powers of the State under fisheries, maritime safety and international legal codes. This has included the commissioning of an independent report from a major authority in the field of international maritime law, 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 and, more recently, the receipt of senior counsel advice and the advice of the Attorney General.
The objective of the proposed new legislation is to provide a framework in Irish law to deal with cases of harassment and intimidation at sea. The proposals are based on the piracy provisions of the United Nations Law of the Sea Convention 1982.