Skip to main content
Normal View

Seanad Éireann debate -
Wednesday, 15 Dec 1976

Vol. 85 No. 11

Maritime Jurisdiction (Exclusive Fishery Limits) Order, 1976: Motion (Resumed).

Debate resumed on the following motion:
That Seanad Éireann approves the following Order in draft:
Maritime Jurisdiction (Exclusive Fishery Limits) Order, 1976,
a copy of which Order in draft was laid before Seanad Éireann on the 7th day of December, 1976.
—(Senator M.J. O'Higgins.)

We are told that under new agreements being reached within the European Community Irish fishermen in 1977 will be allowed increase their catch by 20 per cent and that by 1979 they will be allowed double their catch. A number of fishermen have asked me what is the point in trying to increase one's catch by 20 per cent when one's present catch here is zero. It will be an impossibility, in their view, to increase our national catch next year or to double it by 1979 because the stocks have been depleted to a degree which is not known generally. The major source of our fishery catch in the last ten years has been herring, but our herring stocks are just about exhausted.

I have been noting public representatives for the last couple of months shedding crocodile tears about the manner in which our fisheries have been almost wiped out. Many of these people are considerably to blame for this situation because of their indifference down through the years. We, on the south coast, have seen the greatest series of poaching expeditions, of plundering, of raping, of pillaging of fishing grounds that has probably ever been seen in any part of Europe. This has gone on with only a slight whimper now and again from public representatives and from the public at large. Dunmore East was our major fishery port in the late sixties and early seventies. At this time of the year one could expect the harbour there to be packed with up to 100 trawlers. One could walk from one side of the harbour to the other across the decks of the boats which were jammed in the dock. Today it presents a sorry sight. There is hardly a box of herrings being landed in Dunmore at the moment when the season should be at its peak.

It is said that the Russians, the East Europeans and the Japanese are to blame for this situation. This is largely erroneous. The blame lies principally with a number of our partners in the Common Market, in particular the Dutch and also the French. The blame lies partly with ourselves. I will endeavour to explain the reasons why. The herring stocks are almost exhausted at the moment but the damage was not done last year or the year before. It was done in the late sixties and early seventies when hordes of Dutch trawlers—I suppose the word "trawler" is not the correct expression because they were ships, not trawlers: when we think of a trawler, we think of a boat in the 50-60 foot class, but these were steel-hulled ships of a 1,000 tons and more each—came right into our shores and swept everything before them. In particular they ruined the spawning beds along the south coast. At that time our naval fishery protection service was minimal. We had merely one vessel in commission. It is well known that the Dutch plotted the course of that protection vessel and when they knew it was in dry dock or when it was on the west coast they came in and did what they liked, and what they liked was to take everything before them whether the fish were large or small.

I contend that it is a sin to allow the Dutch and the French to base their case for catches on quotas when those catches were taken illegally because the bulk of them were taken outside our limits and because the size of fish on which they are basing their quotas was below what should have been caught. I am told the bulk of them were undersized. That explains why this year and even last year there are little or no herring around our coasts.

We know that the North Sea herring fisheries have been closed since 20th September last because they have been almost exhausted in the same manner. It is late now for people to begin lamenting this situation. The damage has been done and all we can hope to do is to see that other stocks are not annihilated in the same way.

Mr. Jerry Joyce is managing director of two herring processing plants in Rossaveal in Connemara. He was hoping to export £1,500,000 worth of processed herring this year, but he will be lucky if the two plants stay open because in a recent edition of The Irish Times Mr. Joyce is reported as stating that on the night of December 8th there were 150 Irish fishing boats off our coasts in search of herring and their total catch for the night was 21 tons, whereas the normal catch for this time of year would be about 1,000 tons. That figure illustrates graphically what has happened. The herring have been wiped out.

I would be incorrect if I laid all the blame on the Dutch and French. I lay the bulk of the blame on them. Irish fishermen have contributed to the decimation of the stocks. They are to blame, but it is a little difficult to blame them too strongly because when our coasts and our limits should have been protected they were not protected. Our fishermen could not compete with the foreigners in and around the six-mile limit or the 12-mile limit region. To meet repayments on their boats they had very little option but to go right into inlets and bays where the fish were spawning and rake them off the bottom. That practice has contributed largely to the diminution of the herring stock. The spawning fish were killed in their billions. When it is remembered that one herring lays an average of 30,000 eggs one can imagine the damage done by killing one spawning fish.

It was a sequence of events apart from the Dutch and the French cleanup of stocks. Our fishermen could not compete and had to kill the goose that laid the golden egg in order to pay their way.

We should be a lot tougher in our negotiations with other fishing countries. The EEC common fishery policy is very unfair. As far as this country is concerned, it is robbery. We are inclined to be too soft-hearted a race. We are dealing with hardhearted individuals. We should dig in our heels more. At present, if our fishing industry is to survive, we must stop these other people from catching huge quantities of mackerel and sprat because these are the only two surface-swimming fish which are left in sufficient quantities to make it profitable for Irish fishermen to earn a living in the future. It will take a number of years for our herring stock to recover even if they are not fished at all for a number of years. They are at such a low level that it will take years for them to recover. Other countries in the North Sea areas have imposed a complete ban on herring fishing.

We had a fortune but we have lost it. We have lost it largely because of our own indifference and incompetence. As well as allowing foreigners to catch our fish, we sold them what we caught ourselves for next to nothing. In Dunmore 15 years ago, a cran of herring was normally sold for £2. In 1965 or 1966, that price had risen to £4 or £5. In the same period we were buying back that herring in processed form. A cran of herring contains approximately 1,000 fish and if we take a price of £5 per cran, which was high at the time, the fisherman was getting less than 1p for each fish. A person buying a processed herring in a shop would pay more than 20p. Therefore, we lost out on the double. What the foreigners were not taking from us by their trawlers, they were buying cheaply from us and selling back at a large profit. That situation, pricewise, has improved but it is too late. At present, in Dunmore, if anyone happens to catch a cran of herring—this is becoming a rarity—he will get £60 per cran but unfortunately the fish are not there.

First and foremost, we must implement existing bye-laws to protect spawning grounds and, secondly, we must frame new laws to protect new spawning grounds and areas in which the young fish congregate after spawning. There are many by-laws in existence to protect certain harbours and inlets but I have never known any of these bye-laws to be implemented. There are a number of spawning grounds for herring around our coasts and there are also some spawning grounds for plaice, sole and whiting. These are protected by bye-laws but they are cleaned out regularly by our own in-shore fleet. This is a very short-sighted policy. It is revolting to find public representatives shedding crocodile tears about something over which they had control but in respect of which they failed to exercise control.

My solution to the present problem would be to adopt a much tougher attitude with our EEC partners. First, I do not believe they have a right to barter in regard to our fishing grounds. This is what the EEC are doing at the moment with Russia and Norway. We are told that the Russians will be given certain rights within the 200-mile limit. What will we get in return? I venture to say, nothing. The Russians hope to swop an area in the Barents Sea, where the French and British trawlers fish, for an area off our coasts. Let the French and British swop their own areas and let us keep ours. We should control the manner in which the other EEC members will fish our 200-mile zone. The Russians have no traditional rights whatever off our coasts. They made their first appearance in the last two or three years. The Bulgarians and the Roumanians have been told that they cannot come into our 200-mile zone after 1st January. These two countries had exactly the same right as had the Russians, and that is nil, because they are all there approximately the same length of time. The same can be said of the Poles, the East Germans and the Japanese. None of them has fishing rights off our coasts. The only country which has any right off the Irish coast and who are not in the Common Market at present is Spain. I understand they are to be treated with some courtesy and are to be allowed make some catches.

The Russian catch at present is 650,000 tons in Community waters, that is, within a 200-mile limit. At least half this catch is being obtained off the Irish coast. Their catch of 325,000 tons a year for the past few years compares badly with our catch of 75,000 tons per annum. The sooner they are put out and kept out the better. If the British and French want to do business with the Russians, that is their business.

In 1973, one of the first years when the Russians appeared in the Celtic Sea, they caught 63,000 tons of mackerel which was 17 times greater than the Irish catch of mackerel. Where will they go? I do not know and I care less and that should be our attitude. They have plenty of seas around their own country. They have in operation a 200-mile limit which I am sure we would not be allowed to breach, not that we want to. The Norwegians and the Icelanders also have a 200-mile limit. There is very little room for people like the Russians, the Bulgarians and the Rumanians to fish except off our coasts. I do not see why we should do a deal with the Russians.

There is a possibility that they will also fish around the Faroes, which are the property of the Danes, and that they will fish off Scotland, which is part of Britain. But what will happen if, as is likely, the Faroes become an independent group of islands? Greenland, which has been quoted as a Common Market area because it still belongs to the Danes may also become independent. What will happen if there is devolution for Scotland? It is quite likely that fishermen in Aberdeen, Peterhead and so on will say: "We want a 200-mile limit and we will opt out of the Common Market if necessary". It is unlikely but possible. Then the only common fishery waters in the EEC would be those off Ireland and Britain. The British waters are very limited because they are mainly in the North Atlantic, which is bereft of fish at the moment, absolutely cleaned out. Who was responsible for this but the Dutch, the Germans, the Danes and the French. They denuded their own rivers of fish, too. Unless we control these people and keep the third countries out, except for Spain, we are getting a bad deal.

Under this motion we are declaring a 200-mile limit. We should have complete control over all fishing within this limit. We should regulate the size of the boats to fish within this limit and regulate the type of gear they use. Personnel of an Irish fishery protection vessel should have the right to board and inspect these boats at all times. That is one way of controlling what is being caught. It should also be possible for the Irish authorities to inspect at the ports the catches that these people land. The evidence in the past has been that they catch every size of fish. They have no regard for conservation. The Dutch and French use such meshes that small fish cannot escape. If the fish is too small and inedible they turn it into fishmeal or into cat or dog food.

We should control conservation within the outer 150-mile band to the limit. We should not give these people authority to use their own type of gear or equipment. The seasons during which they may fish should also be controlled. If we let them continue as they have been, we will have nothing left. We know what a 12-mile limit is and what a 50-mile limit is, but unfortunately the poor fish are not so aware. Whether they are under- or over-sized our partners will catch and kill them. I am speaking on a rather depressing note, but I have seen the activities of these people. I have seen the catches disappear on our own piers and harbours and I can see them dwindling even further if we do not act toughly and quickly.

The Common Market fishery discussions have been conducted with great ability and authority by the Minister for Foreign Affairs. He must get great credit for what he has done. He has been in a very difficult position fighting his corner against the other eight members of the Community. He has done this magnificently, but it has not been easy. Our position has been improved by the retirement of M. Lardinois from the discussions. His suggestions were infantile. He did not know what he was talking about or what conservation meant or how stocks should be preserved. The man who has taken his position M. Gundelach has shown some humanity and quite an understanding of our position. I am confident that we will make better progress with M. Gundelach.

We should hold out for a 50-mile limit and for complete control over the other 150 miles.

Is mian liom, mar duine a chonaíonn cois na farraige, cúpla focail a rá ar an dtairiscint seo, sé sin an tOrdú um Dhlínse Mhuirí. Tá a lán des na smaointe curtha ós ár gcomhair ag na daoine a labhair cheana agus freisin sa Dáil nuair a bhí Bille Príobháideach ós comhair na Dála. Ach, mar sin féin, ní h-aon díobháil nó ní h-aon dochar cuid des na pointí a lua arís.

I welcome the motion which empowers the Government to make an order extending the exclusive fishing limits of this State if, as Senator Deasy said, it is to be of any help to the country or an improvement for the fishing industry. The order extends the fishing limit to 200 miles. Under the old order the fishing limit was 12 miles. That was decided at the London Convention in 1964. Since 1964 there have been several major changes. The seas around our coast and around the British coast also, have been plundered by these factory ships which were referred to by many Senators yesterday.

Everybody is perturbed about the rape of the sea, both here and in other areas. That is the reason why there is the United Nations Conference at the moment on the Law of the Sea. From what I have read, I understand that most countries are agreed that there should be at least a 200-mile limit and that states with coastal waters have a special right to these waters.

Yesterday in the Dáil there was a Private Members' Bill asking for an exclusive 50-mile limit. Some people protested that this could not possibly be done. From my understanding of the Treaty of Accession there is nothing in it that could debar us from looking for a further 48 miles as an exclusive limit plus the 12 miles.

Senator Deasy made the very valid point that not only should we have an exclusive 50-mile limit but should also have control of the 200-mile limit. That is something that may have to be debated further. It is a pity that we did not agree to the 200-mile limit because we could have it as a bargaining card at the conference table when we are fighting to the death for a 50-mile exclusive limit.

It is a completely new ball game and we wish the Minister for Foreign Affairs and anybody who is involved in these negotiations every luck. We hope they will come out with a deal which we all so much expect. It is said that the British Government are completely behind the stance we are taking. I hope when the chips are down and we need their help, and when the Minister for Foreign Affairs needs their help, they will substantiate what they are now saying.

On another motion today I referred to the decrease in the stocks of fish. This topic is of major concern not only to coastal states, or states with a coastline, but indeed to countries with no coastline. If there is an invasion of a territory you expect the state invaded to take steps to defend its rights. We are the custodians of the coastal waters and it is our duty, just as we would defend our territorial ground, for the sake of inland areas as well, to protect the coastal areas from being marauded and from being raped as is happening now. Fish protein is probably one of the only unpolluted sources of protein, except vegetable protein, on the market today. Our animal protein is completely ruined by antibiotics, force-feeding, and so on. It is our duty to protect for humanity this one great source of protein which is still unpolluted.

Another point which should be made here is that, when we entered the European Community, it was admitted there was no policy on fisheries. It is only now that policy is being evolved. We should be there, as Senator Deasy said, striking the hardest bargain possible because we are very scarce of wealth. The only real wealth we have is our land. The other wealth we have should be as much protected as our agricultural land, or our mineral wealth, or anything else. Fair dues to the fishermen. It was only when we saw the factory ships on the coasts of Kerry and Cork within eyesight, within viewing distance, with their glaring lights, that the fishermen became really perturbed. They put the skids under different Governments to take action. I hope what they are requesting, the 50-mile exclusive limit, will at least be achieved for them.

Yesterday Senator Alexis FitzGerald was very humorous when he asked how did we come by this 50 miles? What process of elimination or sums did we do? Why was it not 20 miles, 40 miles or something else? I surmise that 50 miles is the distance which, at this stage, we will be able police. I am sorry to say that when the Minister for Foreign Affairs was striking a very hard deal and making a very hard plea for this 50-mile limit, one Minister said it was amazing because we could hardly police the 12-mile limit we have. Maybe he was not too far out. If it is a question of policing this 50-mile exclusive limit, everything possible should be done to give us the wherewithal to police it, to give us better patrolling boats, better equipment. If we want it, and if we want to protect it, we must be given the wherewithal to protect it.

I well remember when we were campaigning on entry to the EEC it was admitted, and it is still being admitted, even in what the Parliamentary Secretary said, that Ireland had a very special case. We are the tiniest nation of the nine. We have very little wealth. The least they might leave us is the one raw material which has been underdeveloped up to the present day. Having got this desperate shock from the other countries that there is a likelihood that this raw material may be taken from us, we should settle down seriously to develop the fishing industry as it should be developed. Day by day we are bringing in a raw material for which we pay dearly, and then exporting it and trying to sell it in different forms of manufactured goods. I am glad something has happened to wake us up to the importance of this great wealth on our doorstep.

I have already said how worried we have been on the coast of Kerry at seeing these factory ships. One Senator said yesterday, and I think he was not far out, that something should be done to ban them from our waters. I think it was Senator M.D. Higgins. Whilst we are on the subject of fisheries, we must also refer to the quota system. There is no way in the world that any fair deal can be made by having a quota system. You are not comparing like with like. We have had currachs and other boats which were 20-footers, and a few years ago we got vessels which were slightly larger. They are only small fry by comparison. Even if they increased our quota by 100-fold. We still would not be near hitting distance of one factory ship. There is no point in codding us and telling us we can get a bigger quota, or a ten-fold or a 100-fold quota. There is no comparison, and no basis on which there could be a proper adjustment and justice done to us.

Before concluding, I should like to refer to pollution. We have the Irish sean-fhocal "Filleann an feall ar an bhfeallaire" and I am greatly afraid this will happen to us here and that the way we have abused our waters and our rivers will rebound on ourselves. We have blackguarded our rivers and our seas by allowing raw sewage into them. Nuclear waste is now being deposited. We have no guarantee that one fine day this toxic poisonous matter that we have dumped into some parts of the sea will not surface. We are told there is an 80 per cent guarantee that it will not surface, or disintegrate, or that something will not happen to it. I do not think a guarantee of 80 per cent is good enough because we are the custodians for the next generation. Maybe we are picking sticks to beat ourselves by in any way agreeing to depositing any of these things in our rivers or lakes.

With the increase in population and the decline in protein it is only now that we are becoming really concerned about the purest type of protein still in the world. We talked about the marauders and those waiting to pounce on our 200-mile limit. I was very disturbed to read at lunchtime that Mr. O'Connor of the IFO stated that while Ireland was negotiating the threat to our fishing stocks was mounting drastically and by next January people will be ready to pounce on our shores. He gives facts. Whether they are substantiated, I cannot say. He said 40 Russian trawlers are infringing on our 12-mile limit off the Cork coast. There are 20 Dutch distant water trawlers on our north-west coast. British fishermen banned from Icelandic waters are seeking refuge in Irish fishing waters. German fishermen who will be banned from Soviet waters because of a unilaterally declared 200-mile limit by Russia will fish in Irish waters. He proposed that Ireland should immediately declare a 50-mile fishing zone, keeping everybody else out by using Icelandic patrol tactics.

Perhaps I am saying, in different words, what Senator Deasy has already said. I hope the Minister for Foreign Affairs succeeds in getting at least the 50-mile exclusive limit. I regret that, while we want the 200-mile limit, we did not play that card yet. I regret that we did not keep it up our sleeves as a trump card in bargaining for the 50-mile exclusive limit.

Níl a thuilleadh le rá agam nach ndúbhradh cheana féin anseo agus sa Dáil chomh maith.

In common with other speakers I welcome this announcement by the Government of their intention in this order to extend our limits to 200 miles. Probably in common with many other speakers and, perhaps, those moving the resolution, one regret might be that the announcement of this move did not come sooner. It is quite a number of years now since the thought of having limits such as this was first mooted on the international scene. Senator Aherne said such moves were not afoot at the time we signed the Treaty of Accession. They most certainly were. It was well-known that in certain parts of the world—notably in South America and in the Americas generally—there was talk of the introduction of a 200-mile limit in the case of certain countries.

Bearing that in mind it is interesting to reflect on the eventual outcome of the negotiations we conducted at the time which led to the Treaty of Accession. It is incorrect to say that there was no special position as regards fisheries. Of course there was. A special clause was written into the Treaty to allow us to extend temporarily our unsatisfactory six-to 12-mile limits until 1982 as a special case. In certain parts of the country they only extended to six miles. Indeed, I wonder if those who negotiated, those short few years ago, such an unsatisfactory short term agreement on behalf of Irish fishermen, now feel that the agreement could be described as being in any way adequate for the needs of Irish fishermen or for Irish fish conservation measures.

It is somewhat interesting to note that some of the people who are now apparently becoming rather vocal in their criticism of the negotiations being carried out by the Minister for Foreign Affairs, and others, in an effort to secure a realistic coastal band for this country, are the very people who negotiated the unsatisfactory position which obtains at present. If we were left with the position they negotiated, after 1982 we would not have the benefit even of the inadequate six- to 12-mile limits which exist at present and ships from all Community countries would have the right to fish into our bays and right up to our headlands. It is an extraordinary state of affairs that the people who negotiated that position—let us hope through ineptitude or misunderstanding of the international situation and not because they were anxious to obtain a better deal for Irish agriculture—are critical of the attempts now being made to remedy that mess into which we were plunged at the time the Treaty of Accession was signed.

One of the most important aspects of the extension of our international waters to a 200 mile limit was touched upon by many speakers, that is conservation. Unless definite and realistic steps are taken to provide conservation measures both in offshore and in-shore waters the countries of the world will find, in a very short space of time, that they will be without realistic fish stocks. It is generally accepted also that, if conservation measures are introduced now and realistically policed, there is a continuing and rich harvest to be gleaned from the seas, and a potential food source which has not, possibly, as yet been realised to any degree. There must be a cessation of the harmful and destructive methods of fishing used by some countries over the past number of years. It is fair to say that, unless realistic and internationally negotiated conservation measures are implemented in the very near future, there will be no real fishing industry for anybody within the next 20 years.

It is interesting that even the international bodies like the North East Atlantic Fisheries Commission have consistently chosen to ignore or, to a large extent, to disregard the recommendations made to them by scientists in regard to fish conservation measures. As a result of their ignoring the recommendations on herring in the Celtic Sea and the North Sea—recommendations made some years ago for a drastic reduction in the amount of herring caught in the North Sea—a total ban on herring catch in the North Sea will have to be imposed. The North East Atlantic Fishery Commission, the body charged with implementing conservation control in that area, did not attend to the expert recommendations made to them. Unless international bodies and national Governments are prepared to react strongly with conservation measures, we will be faced all over the world with a situation such as obtains in the North Sea at present.

This is why I am less than happy with the proposals put forward some time ago by the European Community in regard to conservation control. Recently when some of us went to Brussels to discuss this matter, they indicated that the North East Atlantic Fishery Commission had been remiss in their implementation of conservation control. The solution being put forward as part of the package offered by the Community at that time was that only fish of a certain size and certain quantities of fish would be allowed to be caught by Community boats. The system of monitoring these quotas and fish sizes was that checks would be carried out at the port of landing. It was suggested that quotas should be based on historical performance. I am sorry to say that our Community partners have been less than effective, whether deliberately or otherwise, in their conservation checks, in quota checks, and in the general control of landings at fishing ports throughout Community countries. We cannot take it with any certainty that, if the quotas of fish size controls suggested are introduced, they will be implemented in any better or more effective way in continental landing places than they have been up to this.

When Senators talk here about the rather small size of the Irish fleet and Irish boats in comparison with the long distance fleets of our continental partners, it is important to realise one very simple thing. The reason we have boats which have largely fished inshore or in middle waters is very simple. The fish have remained around our coast up to now. Our Community partners and other countries, through harmful and destructive fishing policies, have absolutely fished out their inshore waters along the continental seaboard and for that reason and that reason alone they have had to build long-distance fleets. There are no longer sufficient fish to support their fishing industries within their own inshore waters. That is why they have now turned their attention and their fleets towards long-distance fishing and fishing of waters which by right and by tradition belong to other countries. It is the very plundering of their own waters which has rendered them virtually barren at the present.

This plundering of Irish waters by, I am sorry to say, our Community partners and others in recent years, has begun to have an adverse effect on fish catches in the Irish Sea. The volume of herrings landed by Irish boats in the Celtic Sea area in 1970-71 was 19,000 tons. By 1975-76 this had fallen to a figure of 6,500 tons, a drop of over 65 per cent. Incidentally, in the same period, the total catch of herrings by the entire Irish fleet fell from 48,000 tons to 28,000 tons. It is important to remember that, at the same time, the number of Irish boats of over 50 tons gross had risen from 100 to 170, and these are the boats that would be involved in herring fishing. With a vastly increased fleet, over a space of five years our herring landings dropped by some 65 per cent.

As Senator Deasy outlined so very graphically, in the areas where herring congregate in the Celtic Sea, which are outside our 12-mile limit, over the same five-year period there has been the continual presence of boats from our Community partner countries and from other countries, boats designed to carry out fishing methods which were totally destructive and damaging to the spawning areas. It is interesting to give examples of the sort of fishing carried out. Perhaps the most harmful of all is the type of fishing which, in essence, scoops the fish from the botton of the sea. Not only does it catch the fish, but it also removes the plankton, the foodstuffs, and the organic matter on which fish feed. The fish stocks are entirely cleared from an area and also the feeding stuffs which enable other fish to replenish fish stocks.

In the Celtic Sea and in the Irish Sea a large number of Dutch vessels and boats from other countries are carrying out what is known as stern-trawling. Effectively, this method of fishing amounts to putting a plough through the sea bed so that the very sea bed, which is the breeding ground and the area where feeding stuffs grow, is ploughed up and rendered barren. As Senator Deasy said, the people carrying out that policy are not mindful of conservation or interested in seeing those grounds restocked. They have fleets capable of long distances and, once they have rendered one particular area barren, they will move on to somewhere else. It is only when the seas have been rendered barren that at that too late stage their respective Governments will turn their attention to the area of conservation.

It is vitally important that, not only in the extension of our limits and in the creation of some form of exclusive coastal band, we should ensure that there is restocking, and a continuation of the stocks in the breeding and spawning grounds around our coasts and within our waters. We should ensure that, either at Community level or by way of national legislation, there is a complete ban on wasteful and harmful methods of fishing such as I have outlined.

Much talk has been bandied about regarding the difficulties of policing a 50-mile zone. I do not believe those difficulties are as insuperable as has been represented. With modern technology, the methods of policing large limits have changed very rapidly. The attitude of naval fleets and fishing protection fleets, with the use of more complicated electronic equipment, has also changed completely. One of the few good things in the Community proposals, as originally envisaged, was that the 200-mile limit, which would apply generally throughout EEC waters, would be policed against the presence of third-country fleets by way of satellite. This is being done off the American coast at present.

Satellites can detect large fleets of trawlers as they make their way from their country of origin towards the 200-mile limit of the country or group of countries involved. By the time they arrive at the point of entry, one or two fishery protection vessels have been moved into position to intercept them at the point of entry. It is childish to paint a picture of large fleets of gunboats and destroyers chasing around an imaginary 200-mile line. That is unnecessary. It is also unnecessary to think of their presence there for other reasons. There are only certain areas in which the fishing grounds exist. If we can identify these areas, they can be policed at most times, rather than talking about policing the extremities of the limits. It is important that the Government should consider a change in the law to allow this. I realise it may involve international difficulties as well.

There is also an important need to allow the use of aircraft and helicopters for detecting ships poaching within our waters. Internationally, so far, the use of such aircraft has not been generally accepted. It is interesting to remember that, within the past six months, a British aircraft successfully spotted and arrested an outside trawler. The evidence was subsequently accepted in a British court and conviction and fines followed. If we are to implement an effective inner coastal band or, indeed, achieve the effective policing of the other band, provision must be made for the use of aircraft and helicopters. Their operators should be given powers of detection and arrest, and their evidence should be acceptable in Irish courts. We should be urging, at international level, that evidence such as that should be accepted in courts generally in the matter of detection.

It is vitally important that we should examine the type of fines imposed on ships caught poaching in our waters. Much publicity has been given in recent times to what appeared to be very large fines imposed on several of the large factory ships caught within Irish waters. It has always intrigued me about the arrest and charging of any alleged poachers that the case has always been heard at a special court. The special court has always been arranged immediately the ship was was brought into an Irish port, and the matter heard as expeditiously as possible and settled.

One of the very few things which will hurt the operator of a long-distance trawler, with the very heavy outgoings obviously entailed, is to have his ship tied up for any lengthy period of time. If an Irish national is charged his case is not heard for some weeks or even months after the alleged offence has been committed. I do not see why he should have to wait for that length of time when special courts are arranged to facilitate the early hearing of cases taken against trawler skippers who are alleged to have poached our waters. As well as a more realistic fines system, there ought to be consideration of a penalty which would involve either the confiscation of the boat as well as its gear and catch or, perhaps more realistically, which would provide for the detention of the boat for periods of six, or nine, or 12 months before it would be released.

Fines such as that which would seriously damage the viability of these very large and costly trawlers as an economic unit would be very effective deterrents against skippers who might consider entering within our waters. At the present time the loss of catch and gear, and early hearing and decision in the case, are not, I believe, a sufficient deterrent to skippers. If they happen to know of the presence of very rich fish stocks in an area they are prepared to take the chance.

It is interesting to reflect that—I think it is in the Isle of Man—at the present time there is also even the possibility of jail sentences being imposed on the skipper and on the mate of a ship caught fishing within Isle of Man water. That is one of the areas that should be considered, and there is a need for us to consider a revision of the legislation in regard to fines and deterrents.

They still use the birch in the Isle of Man too.

Yesterday evening Senator Browne suggested that 200-mile limit would not be very effective. He asked in relation to European countries what powers of arrest we might have if these countries should ignore the existence of the European Community. The more important thing is that we as a sovereign State are extending our waters by 200 miles and they would be obliged to respect the laws of the State in question. He seemed also to have forgotten that in the last few days the USSR itself has announced the extension of its limit to 200 miles also, and it is quite obvious that there is now a consensus opinion whereby international limits are going to be a standard 200-miles right throughout the world. Perhaps the unilateral decision taken by some countries a few years ago has led to this sort of move and might now bring about an apparently more effective conclusion to the Law of the Sea Conference that has dragged on for the last few years than appeared likely prior to this.

Like other speakers I believe that allied to this extension of our limit to 200 miles there is a vital necessity for us to have imposed some inner exclusive coastal band to protect not only the livelihood of our fishermen but to protect our fishing stocks and to arrange for effective conservation methods in the spawning and breeding grounds within that 50-mile area.

As I have said already, a quota system such as was proposed by the Community is in my opinion unfair, firstly because I do not believe it would be effectively policed and implemented at landing ports within our Community partner countries. It is unfair also to the only country within the Community which has been building up a fishing fleet and trying to build up its fishing catch over the last number of years at a time when those other EEC countries have seen their landings and their fleets scaling down gradually because of their over fishing of their own waters prior to that. A quota system based on historical performance is bound to militate against the smaller country and against the country that is trying to expand its fleet and its fish catches.

The continuance of the 12-mile limit, as was proposed by the Community also, I believe would be ineffective as far as this country is concerned. Off the south-east coast at the time of the herring season these very large and harmful fishing methods will be used right to the very limit of our 12 miles. Similarly throughout the Irish Sea which is quite a narrow channel and has a 12-mile limit on both the British and Irish sides, in the area of the Isle of Man or anywhere else at any time any night—possibly even to night—one can see that the centre of the Irish sea will look like O'Connell Street at Christmas time with a string of lights of French, Dutch and German trawlers fishing those areas.

The need for an extension of a 12-mile limit, in so far as the fishermen on the eastern seaboard are concerned, is that the prawn beds and the areas of main prawn landing in the country exist, many of them, outside our existing 12-mile limit. The harmful methods of fishing for prawn which have been carried out by the trawlers from other countries have meant that to a large extent a number of these prawn beds have been very badly damaged and a lot of the Irish boats have had to stop fishing prawns in an effort to allow the beds time to restock. So for the eastern seaboard fishermen it is vitally important that the 12-mile limit should be extended very much so that the entire area of prawn feeding and spawning in the Irish sea is preserved. It is very important from that point of view that this should be done.

Of course I think—this was touched on by other Senators as well—that it is quite pointless for us to talk about introduction of effective conservation measures and to talk about the continuance of expansion of the Irish fishing fleet unless we take into account the fact that to get a real fishing industry going and to maximise the benefit that the fishing industry can bring to the national economy there is a vital and urgent need to provide a sufficient amount of on-shore back-up facilities for the fleet that they have not got at the present time, except in a small number of harbours. There is a need to provide an efficient number of all-weather, all-states-of-the-tide harbours where fleets can come in and discharge and bunker in comfort and in safety. I know of too many ports around the country which are merely harbours of refuge, which are tidal harbours where fishermen have to wait for the tide to enter and have to leave again on the top of the tide to get out. They are tied up for long periods as a result of having to operate out of these tidal harbours, many of which are already overcrowded. Allied to any extension of our fishing limits there is a need for us to examine the Act which set up and designated five harbours as being State harbours and being the harbours in which most of the on-shore facilities would be based. Time and the fishing industry and the ambition of Irish fishermen have passed by the effectiveness of the Act.

There are now a number of harbours from which there are more trawlers and bigger trawlers fishing out than there were fishing out of these State harbours some few years ago. I am thinking of two ports in particular; one is a State harbour into which a lot of money has been poured and from which 30 boats fish out at present. The other is a harbour some 12 miles away out of which 23 boats are fishing, and eight others are on order. But it is not a State harbour. Consequently it is not entitled to the same level of grants and the same amount of attention as the State harbour. Neither is it under the direct control or maintenance of the Bord of Works which State harbours are. The harbour authority responsible for it, because they do not receive sufficient harbour dues from it, are not interested in its maintenance.

Consequently there is a real need to examine all the shore base facilities in the country if we want to make the best use of this extension of our limits. There is a need to designate a number of other harbours as State harbours. There is a need to say to our Community partners that if we are extending our limits to 200-miles it means that one quarter of the total new sea area which is being brought into the Community is being contributed by this country. I think that is very important. One quarter of the entire 200-mile fishing limit around the EEC will be provided by the passing of this order today, and that one quarter is being provided by a country which has only one quarter of 1 per cent of the total population of the EEC. That one quarter of these new fishing areas and sea areas is being provided by a country that has only two-thirds of 1 per cent of the entire gross national product of the EEC.

If we are to provide that 25 per cent contribution to the extended areas of the Community countries we are entitled to say to them that we want from them in return quite a large capital contribution towards the development of our on-shore facilities and the proper building of all-weather harbours with facilities such as proper slips, proper boatyards and repair facilities and allied processing industries with chandleries and auction halls based in the ports. There is also a need for us to ensure that there is a development of fair and open markets where the Irish fisherman can expect to get a realistic price for his catch and where he can expect and see that off-shore buyers are going to be brought in and where prices will be commensurate with the work and the risk and capital outlay involved.

I have spoken before—not here, but in other places—of the very inefficient, to put it at its mildest form, the very inefficient way in which a small number of buyers in the main market in the country seem to be able to control the price of fish, not landed by them but landed at considerable risk and inconvenience by other people. It is quite wrong, and it is wrong that the State agency involved withdrew itself from that market. The market as it operates at present is discriminating against the fishermen and is not ensuring that they get a fair price for their fish. It is certainly ensuring that some other people apparently do very well, but not ensuring that the fishermen get the deal they should be getting. There is a need for State involvement to ensure that there are realistic market places where real market prices pertain. There is a need for the State to develop to a further degree, although in this area I think the State has been pretty efficient, the amount of our fishing exports.

I appreciate that at present as our waters exist there is no overall fishing surplus within Community waters. There is a very good living to be obtained by the dual implementation of proper conservation measures and the development of proper fleets and shore-based facilities. There is not, to my mind, sufficient fish within the proposed new 200-mile EEC level to allow for access to a large degree of third countries. Third countries are, of course, claiming traditional rights, some of which may have some justification but the majority of which, as Senator Deasy so ably outlined, have absolutely no justification on historical or other grounds.

Of course there is the problem which the British have in Icelandic waters and the problem now that British and French fleets are going to have in the Barents Sea because of the announcement by the USSR of its intention to extend its limit to 200 miles. If we are to provide one-quarter of the 200 miles sea area which the EEC intends to negotiate to some degree on quid pro quo bargaining position to allow some of the other Community countries to continue their traditional fishing in third-country waters, then we will have to insist that the strictest methods of conservation are imposed upon any third country with whom any agreement is entered into. The agreement, first of all, should be on short term and should be on the basis of that third country phasing out its interest in the outer band of the EEC 200-mile limit.

The agreement should also be negotiated on the basis that there will be strict conservation and quotas imposed and that there will be a right of boarding on the seas within those limits by fishery protection vessels operating on behalf of the Community which will check the size and type of fish landed by those third countries. I believe that that same type of control should be introduced, and this country should insist on that being introduced, on the ships of our EEC partners which will operate within the 200-mile limits off our shores.

There is a very good and equitable case for us to make that as least as far as our EEC partnerships are concerned any fish which they take pursuant to any quota agreement or conservation control agreement within the outer part of our 200-mile limits should be landed at Irish ports. It is fish taken from Irish waters, and I think that we are entitled to ask that those fish should be landed at Irish ports and put through Irish processing industries and that the Irish economy should have a direct spin-off benefit from them. Alternatively, if that is not felt to be realistic because of the existing lack of on-shore facilities then I believe we are entitled to demand that this country should receive a toll on any fish taken within our 200-mile limit area and landed at ports in the country of origin of the ships concerned. Otherwise by virtue of our making this order here today we should be allowing our partner countries to come in and take fish from waters which we should then own on the strict basis of the passing of this order today. If other countries are to be allowed to take fishing interests in our waters we are entitled either to a toll payment on the quota fish they take out of our waters or to see that those fish are landed at our ports, with the spin-off benefits to the Irish economy and Irish employment.

I was somewhat disappointed to hear the melancholy tone of Senator Browne here yesterday evening talking about the dangers involved in fishing and the number of fatalities and the fact that our fishermen were fishing unnecessarily dangerously. I do not think that this is in any way true. Fishing has always been a dangerous industry. The men who go to sea know that it is dangerous. They take on that danger and they do it gladly. They do it with ambition and many of them do it with a heritage and a tradition. They do of course incur high risks and they are entitled to high rewards. It is my view that Irish fishermen still believe that if an adequate inner coastal band is negotiated for them, if the outer band is properly patrolled and conservation methods and quotas imposed on our Community partners in those outer areas and if the third countries are made to phase themselves out, then there is a future for the fishing industry.

It is interesting to note that most of the new Irish boats that are on order in Irish boatyards at present vary in size from 65 to 80 feet. The current tender price for a 65-foot boat in an Irish yard is between £290,000 and £310,000. By the time it comes to completion with the price variation clause adjustment it means that a 65-foot boat costs £350,000. There are a number of 80-foot boats on order for Irish ports at present. An 80-foot steel boat is estimated to cost, by the time of its delivery, £1 million. At present there are 23 boats fishing out of the village in which I live. There are eight more on order. Of that eight, two are 80-foot boats which will cost £1 million each. The remaining six are 65-foot and will cost £350,000 each. A skipper is expected to put up 20 per cent of the cost of his boat and borrow the remainder and is expected to repay it over a relatively short period. It is a very heavy investment and a very heavy burden for any young man to take on his shoulders. Irish skippers and Irish fishermen are still prepared to do it, which I think proves that they still believe that there is a future in Irish fishing, and they want to see better support services from the agencies of the Government and from the community to enable them to develop their industry to the fullest.

I have referred already to fish exports and the fact that I feel that in this area the State agency has been pretty effective. The figure for exports in 1963 was £1.7 million. By 1975 it had risen to £13.6 million and represented 1.51 per cent of our total exports. Of the Community countries, only Denmark, which as we know relies heavily on fishing as one of its main industries, has a higher export percentage of fish as a percentage of its national exports. Denmark exports 5.71 per cent. Of the others Netherlands export 0.8 per cent, the UK 0.37 per cent, France 0.24, Germany 0.14, Belgium 0.14 and Italy 0.1 per cent. From that it will be seen that while we have a relatively small catch, a relatively small landing, the percentage of our total exports which is represented by our fishing interests is quite high and is the second highest in the Community. It represents a realisation on the part of the Irish fishing interests that there is a future for them if they receive the support services and the help which I think they are entitled to.

I was a little taken aback to discover that the limits as determined in the appendix to the order are set out by way of co-ordinates. I do not know many people in this House who have admiralty charts in their possession. I happen to have, but I did not have time to check the co-ordinates and I doubt if many other people did. It is a pity that the limits were not shown by way of map or illustration. One of the areas which I would like the Parliamentary Secretary to refer to in replying is in the area of the Irish Sea. In his opening remarks he referred to the fact that in certain cases the extension of the 200-mile limit would involve overlapping with neighbouring countries. I understand that in the Irish Sea a mean line has been taken from the nearest points on each coast and the co-ordinates are given as representing the line involved. Parts of the Irish Sea are only 50 miles wide and they involve a number of offshore islands. I would be interested to know whether the co-ordinates are being taken from the points off the islands or from the main points off the mainland.

My main reason for asking this is that I want to know how the area we have already referred to and about which the Parliamentary Secretary intervened is being treated. The Isle of Man is part of British waters and if the co-ordinates are to be taken as a mean line between the nearest point on the Isle of Man and the nearest point on the Irish mainland, it would make a great difference to what would happen in the Irish Sea. If, instead, it is being taken from the Cumbrian coast behind the Isle of Man then, of course, a greater area would come within our control. Therefore it is important, especially for our east coast fishing interests, that this point is dealt with in the reply.

Finally, I find it very difficult to understand how certain people, including our Community partners, can appear to argue that the fish in the waters off our coast are not ours and that they are entitled to fish them. By virtue of the Treaty of Accession and the fact that one country is not allowed to discriminate against the nationals of another, any foreigner from within the Community is quite entitled to come here and set up business. Indeed, any foreigner would be entitled to come to this country and fish out of an Irish port and he would be subject to the same regulations and the same laws as an Irish national. I wonder how Irish farmers would feel if a number of our Community partners arrived into Irish land which they did not own and began to farm it, adopting a scorched earth policy which left the earth barren and in such a condition that it was unworkable for crops and would not support stock. This is what has happened in Irish waters because of the activities of our Community partners. I do not see how, in equity or in fairness, that can be justified. A fair analogy might be that Irish coal miners should be allowed to visit the valleys of the Ruhr and remove the coal on the basis that it is part of the Community area generally that because it is a natural resource they are entitled to their share of it as well. The argument is obviously fallacious and I think it should be resisted to the greatest degree by our representatives.

I should like to congratulate the Minister for Foreign Affairs, as others have done, on the marvellous performance he has put up so far. He is fighting, and it is important to emphasise this. For a long time those of us who represent Government parties chose not to make this a political issue at home in Ireland. We felt it was better that there should be a solidarity shown by political representatives from all parties in support of the Minister's fight to see an equitable deal worked out for Irish fishermen. In the light of statements made recently by spokesmen on behalf of the Opposition, that line of solidarity appears to have been broken. If they choose to break it, then I think it is fair that they should remember that the Minister is fighting a rear-guard action to try to remedy an agreement negotiated by them. As I said, whether it was negotiated by ineptitude or misunderstanding is open to question, but they negotiated an agreement whereby an ineffective six- to 12-mile limit was allowed as a special concession for this country up to 1982 and after that time the Community's boats would be entitled to fish within our bays and up to our headlands without let or hinderance.

At this time the Minister is given the most difficult task of all: to try and change something that has already been decided and already negotiated. It is less than fair and less than honest of those who negotiated that bad agreement in the first place to endeavour now to represent him as not having the genuine interest of Irish fishermen at heart. If he had not, the concessions we have got so far would not have been made available to us. I believe that most members of the Oireachtas, and certainly the Irish public generally, are behind him in his fight. I feel this order being made here today should be the first of a number of changes in our laws relating to marine life, fishing interests, fishery protection and detection and fines and, most especially in the area of conservation. I would hope that a broad change in all the laws governing the entire fishing interests and marine areas would take place within the next 12 to 18 months.

I should like to begin by thanking Senators for the good wishes which several of them expressed towards the Minister. I agree very much with what Senator Boland said about him and his efforts and the situation in which he has been placed. I do not want to harp too much on that for fear of doing anything to demolish the relatively uniform approach of both the Government and Opposition to which Senator Boland also referred.

In particular I should like to thank Senator Uí Eachthéirn for her kind wishes to the Minister which I know, given the political possibilities in this matter for her party, was a generously intended sentiment which I will pass on to him.

In the debate which I listened to yesterday I thought that the Senator who led for the Opposition, Senator Eoin Ryan, played the stakes up very high when he seemed to say—I hope I am not misquoting him—that if we did not get, in renegotiating the fisheries policy, exactly the regime which suited us in terms of an exclusive 50-mile zone, our whole membership of the EEC ought to be reconsidered. I do not want to say words that the Senator did not use but he certainly said that the question of our future membership was something that we should look at again. If that is not brinkmanship, it is a deliberate statement of opinion by a very senior and responsible Senator in the Opposition party laying, to some extent or threatening to lay, our whole EEC membership with its enormous benefits, financial, economic, political, moral even, for our people, on the line if we do not succeed in reaching our uttermost demands in regard to this sector of our economy and our national life. That is a serious thing for Senator Ryan to say and, without any intention of making a special point out of it, I hope he will take some opportunity of making his position clear about that or, alternatively, of letting us know whether it is a point of view that is widely held in his party. It certainly was repudiated by other Members of his party in the Dáil last night when I mentioned what I had heard a couple of hours earlier here.

Another line which Senator Ryan took, and which was echoed subsequently by Senator Killilea, was the line of admiration for the Icelanders. We naturally do not need to be pushed into admiration for a small people that have to fight their corner with minimal resources because their situation, for a lot of reasons, all too easily reminds us of our own. Of course, the Icelanders, or anybody else who try to assert themselves against much stronger economies and political entities, will have our sympathy provided they keep within the ordinary laws of humanity—which of course the Icelanders did—and do not flagrantly ignore international law. Of course they have our sympathy.

At the same time it is not responsible to ignore the difference between the Icelandic situation and ours. The Icelanders are not part of the European Economic Community of which we are members; they do not owe a duty to any partners, they are on their own. I wish them the best of luck—I am sure everybody here does also—but they are on their own. They make their own judgments in their own way about their own affairs—that is what independence is all about—and, to that extent, because we have qualified our independence willingly by entering the EEC we have subjected certain parts of our independence to the qualification that a Community of which we are an equal member will have a final say on them. To that extent they are in a quite different situation. Perhaps it is not badly intended but it is not responsible for Senators to hold up the Icelanders, as Senators W. Ryan and Killilea did, for emulation by us.

We cannot take the line the Icelanders did, and the reason is that we owe a duty to partners who contribute, and have contributed enormous sums, in the spirit of the European Community, with the intention of achieving an even standard of prosperity everywhere. I do not need to remind Senators that these sums do not grow on trees but must come out of their own economies. We expect them to continue contributing these sums until such time —it would appear not in the proximate future—when we will be as prosperous and as well able to look after ourselves as the best of them. Naturally, we all hope on both sides of the House that that day will quickly come. Common sense and experience tell us that it is not possible over-night to make a modern, highly industrialised, very quickly-growing and wealth-producing economy out of the sort of economy we have had for centuries.

We shall have to look to our partners for support, understanding and sympathy for many years to come. That has been forthcoming. In this instance we have come across the first really substantial difficulty—there have been other difficulties, of course, in the working out of the agricultural policy and elsewhere—where people must realise that a serious national asset is at stake. We are being asked to give up something to which we feel we have a right. We will not give it up if we can possibly avoid it. As everybody here is aware, and as most Senators have been generous enough to say, the Government, through the Minister for Foreign Affairs, are doing their utmost. If he is not doing that, I should like to have named the Deputy or Senator who would or could do more. He is doing his utmost with the entire support of the Government to achieve that regime which the advice of the Irish fishermen's organisations and of the Department of Agriculture and Fisheries regard as the minimum essential for the proper development of the Irish fishing industry, namely, a 50-mile exclusive band.

As I told the House yesterday, if that measure has not been achieved by 1st January next it is the Government's intention, unilaterally, to apply measures—of which, naturally, I cannot give the House details—in so far as we are able to do so, which will have the effect of guaranteeing the future of the industry. Those measures will be applied unilaterally. They will be taken in consultation with our partners. Nonetheless, they will be measures deliberately intended to show that we are, to use an expression several Senators employed, digging our heels in, that we are serious about the minimum essential for the development of our fishing industry.

The issue has been somewhat confused—and I do not want to introduce any heat into what has been an extremely good and friendly debate by saying this—by representations of our legal situation in the Dáil, not here I confess, although I did notice a trace of it in what Senator Cáit Ahern said though I believe she did not intend it that way, representations which are simply not accurate. It was said in the Dáil last night, during the Private Members' debate—and I am sure the same thing will be said again if anyone cares to listen to the resumption of that debate at 7 o'clock—that there is nothing to stop us from passing the Maritime Jurisdiction Bill, at present before the Dáil, a Bill promoted by the Fianna Fáil spokesman on Fisheries. A second statement made last night and given wide publicity this morning—this is a point which Senator Ahern repeated—was that the British Government was behind this line. The impressions which these two statements create are false. It is true that we are a sovereign State and that there is no international policeman who will punish us or invoke sanctions against us for proclaiming, and, if we can do it, defending a 50-mile exclusive zone. But our obligations under the Treaty of Rome and the Accession Treaty forbid us; that is what stops us. If we want to get into a situation where, without breaking any law or falling foul of any regulation binding us, we can proclaim a unilateral 50-mile zone, we must leave the European Economic Community. There is no way out of that dilemma.

Opposition speakers who try to portray it as being an unreal dilemma are not being straightforward with the people they are talking to. It is possible, of course, for an Opposition speaker to say—as I construe our legal obligations under the Treaty of Rome and the Accession Treaty—that we are perfectly free to do it because of this and that, because a new situation has arisen which invalidates any contractual obligations we entered into before those new circumstances arose. It is possible to say that but, unfortunately it is not the law; that is not the international law of treaties either in common international law or in that as applied by the European Court, to whose findings on this matter our Supreme Court is subject. Our Supreme Court, in interpreting a problem which arises on the construction of the Treaty of Rome, the Accession Treaty or matters of that kind must refer that question to the European Court for decision.

The advice the Government have received—and I hope nobody in this or the other House will suspect the Government of concealing more favourable advice; I hope they will not be thought not to be making the best of advice which we got which was more favourable to ourselves; I hope nobody will have such an absurd suspicion—is that we are not free in law to take the step we were urged to take in the Dáil in terms of the Private Members' Bill debated there. Therefore newspaper statements, or Senators' or Deputies' opinions along the lines of that Bill and of what is being said in its defence are not accurate. I do not say they are deliberately inaccurate or false, but they are misleading in their effect on the public and the Press, and do not facilitate the Minister's task in trying to ensure that the ostensible object behind that Bill will be achieved. They do not facilitate that one bit.

I do not want to make a special point of Senator Ahern's remark because I do not think she said it in any detail and I guess that she herself is a victim of the false impression I have described, that the British were behind the stance we are taking. Of course, the British would also like an exclusive zone and, to that extent, there is a similarity of view. If what Senator Ahern means is that the British are taking a line and are actually doing something which we are neglecting to do, that is not true.

I heard it said last evening that the British have enacted a law which entitles them to draw exclusive fishery limits. So they may have, but it does not get away from the question of whether they are legally free to do that having regard to their obligations vis-á-vis the EEC. It does not get away from that question. The Opposition ran away from that question when I put it to them, but it does not answer the question. We have that very same ostensible paper power since 1964. In the Maritime Jurisdiction Act of that year we gave ourselves the power to extend our exclusive limits to any distance. That has been put up with subject to the Accession Treaty by which we laid on ourselves all the structure and system of the European Economic Community. Merely to invoke that piece of paper in isolation answers no questions at all.

It is disingenuous to pretend or to imply that the British are intending to do something which we, out of sloth or abjectness, are neglecting to do. That is not so. That is all in general I wanted to say about the exclusive 50-mile zone because it is not what is before us today, although I know most Senators have it in mind.

What is before us today is the enactment in the form of a motion to approve a draft order of an exclusive limit of 200 miles vis-à-vis all countries other than the ones with which we are in partnership and other than countries with which we have other contractual obligations. I think Spain is the only one. I agree that it is in consequence of the fairly universal adoption of a 200-mile limit vis-á-vis the world in general that the problem has suddenly become acute here. There may be some Senators who do not appreciate this but all of those who spoke do: the reason why the Minister is having, and will have, such cruel difficulty in extracting something like a 50-mile zone from the EEC partners is that the fishermen of the EEC partners are just at the juncture in their existence when they are least willing to concede such a thing. This is just the moment at which they themselves are being pushed back by the operation in Iceland, Norway and the Faroes of this very measure, namely the 200-mile exclusive limit, unchallenged by any partnership arrangements. British, German and Dutch fishermen are being pushed out of fishery grounds they have fished for hundreds of years. I heard a lot of talking about looting, plundering and so on. In the case of the individual fisherman who has grown up and spent his life doing this it is hard to tell him that something which nobody ever thought was unlawful before has suddenly become scandalous. He is now being pushed out of these grounds. When he looks around to see what fishing grounds are left, naturally he is ten times more unwilling to give them up or to concede our exclusive claim than he would have been before the 200-mile limit ever arose.

I hope this will be clearly understood. This is the feature which makes it particularly difficult, namely that we are seeking to establish this right at the very moment when our partners are most motivated not to concede it at the very moment when they are feeling the squeeze themselves. They have been squeezed in the North Atlantic. Now they feel it is the last straw that they should be squeezed in the mid-Atlantic as well, off the Irish coast. That is a featural thing which I only mentioned. I know that Senators who know umpteen times more about fishing than I do, know this very well. But there may be some Senators who may not have appreciated this aspect, so I thought I would mention it briefly.

Nobody listening to this debate could fail to have been impressed by the horrifying descriptions of bad conservation, or non-conservation, of over-fishing, bad fishing methods, illegal fishing and of the necessity to apply now proper conservation measures. Nobody could have been unimpressed by what we have heard from Senators who come from seaboard constituencies, if it is not out of order to refer to Senators coming from constituencies. They have firsthand experience of these things and their description of how our waters or waters adjacent to what were our limits have been left, through the actions of others, were horrifying to me. The Government are fully aware of this and these things are in the Minister's mind in the efforts he is making to achieve what we would all like to see.

Two other matters arose out of Senator Boland's contribution. I will deal with the lesser one first, the question of the co-ordinates in the Irish sea. I took advice about this when the Senator spoke. I understand the answer in regard to the Isle of Man is that the Isle of Man projects so little to the west of a line joining the mainland coast to the north with the coast of North Wales that it does not shove the midway line between Britain and Ireland much to the west. It does not, in other words, make much difference to the appearance of this line. In regard to the Senator's generral observations about the line, I said, when I spoke yesterday that while we do not expect our lines to coincide exactly with those drawn by the British or French—for reasons not material here—we hope that we will by negotiation arrive at mutually agreed and acceptable lines so that the degree of overlap, which there certainly will be, will be ultimately eliminated.

In regard to the Senator wondering why the limits are defined by co-ordinates rather than by a map I guess the answer is—if the Senator wishes I will find out for him with more authority—that co-ordinates do not need a language, nor of course does a map, but they are something which can be plotted on any skipper's chart for himself. It seems to me to be more likely to be a satisfactory way of doing it than to produce a map on which a line is drawn. If the Senator is seriously interested in this, I will try and get him more exact information.

Senator Boland, Senator Cáit Ahern, and I think another Senator, spoke about the problem of policing a very much extended limit. This problem has been somewhat minimised. Of course, the Government will do their best, with the means available to them, to fulfil their duty of policing our territorial waters or waters over which we have a jurisdiction for fishery purposes. I do not think it is right for anyone who is not fully aware of the problems of sea-patrolling to more or less dismiss as of no weight the matter of keeping these seas by force or by police methods free of marauders. I did not expect to answer questions like this but my recollection is that the former Minister for Defence said that he would need another 11 seagoing, all-weather patrol ships effectively to control an extra 50-mile limit let alone a 200-mile one. Senators may complain about the naval force being small. It has never been at a greater strength in material or men, small though it is now. Senators know the financial and organisational difficulties presented in an investment of that kind. It is not just a question of buying or building that number of ships. They have to be manned. Shore and supply facilities and so on have to be provided for them. It is a very serious and difficult task. Nobody, I hope, will expect it to be performed overnight. Of course, the Government are alive to its difficulties and to the duty of doing their best towards that end.

On this topic of getting our Community partners to help us with policing, I know there is an idea that the Community might get to the point some day when we might have a common fisheries defence system, with common patrol ships and a common system of jurisdiction whereby a ship of any EEC nationality could arrest an outside marauder anywhere or even a partner ship which was breaking the law and have that ship tried, not necessarily in the flag state but anywhere in the EEC territory. That would be a very desirable development. I was glad Senator Boland mentioned it, because it gives me an opportunity of putting this topic in the perspective of European opinion and of the kind of things which tend to be said about us on the Continent among the people to whom we look for support, to whose sympathy we look and whose understanding we expect when we ask for this or that concession.

I was in Germany about eight weeks ago and happened to see a television programme about Ireland, which lasted for about half-an-hour or 40 minutes. It was an absolutely horrifyingly unflattering and hostile programme. Subsequently I telephoned the man who made it and gave out murder to him, but he did not promise to make another one to counteract it. One of the things in it which was used in order to, as I believe, deliberately from his point of view—as a journalist he was just as much entitled to make an opinion about this as anybody else—certainly calculated to stir up German opinion against us, was a reference to this very thing. The section of the programme ran somewhat along these lines: the Irish do not fish their own waters; they do not exploit them but they want German destroyers to come and do the policing for them. That was the line the programme took.

Every Senator here knows, even from listening to this debate, that dislike of, distrust or resentment of foreigners, even ones in this partnership with us, even those who are separated from us only by an hour or an hour-and-a-half flight, is so easily aroused. Senators spoke here yesterday about the Dutch, Germans and the French as though they had been traditional enemies, instead of traditional friends. Those were the kinds of terms in which they were spoken of.

It is all too easy to develop that kind of feeling towards one's foreign neighbours even though they are people in the same partnership as you. We saw examples of how it can be done; we are seeing examples of it even in this context. We feel we are in the right about this thing and, accordingly, anybody else, even though it might be of vital interest to some sectors of our neighbour's economy, must necessarily be in the wrong. Ordinary human weakness and the tendency to make rhetorical simple argument will soup up feeling. That feeling can just as easily be souped up against us; we can just as easily be the victims of it. The example I have given is a very strong one. It is about the last thing anybody might have thought of as being a likely target for a hostile programme.

We might have been more easily thought of by the fact that we are individually per capita the highest of the Nine partner states; per capita the Irish citizen gets more from the EEC than anybody else. It might have been thought that the programme would, say, speak about the effects of the benefits in other ways. But this was the little point concentrated on —that we would not fish the water ourselves; that we had not done so, we had left them largely unexploited but now expected German destroyers to come and keep the waters clear of outsiders. That is the kind of thing which I thought I should just mention to the House because it is a severe warning to us, except in this instance we are at the receiving end, of how bad feeling can be stirred up in a small way by a matter of this kind which does not, on the face of it, seem capable of so doing.

I thank the House again for a very good debate. I recommend the Motion.

May I ask the Parliamentary Secretary this question? There is no other product available free to the members of the Community other than fish, as things stand. Going on the question raised by Senator Boland, are we entitled to put a levy on fish catches or a tax on fish catches within our 200-mile limit?

I could not say without taking advice, but I will find out for the Senator.

Question put and agreed to.
Top
Share