Dáil Éireann Debate, Tuesday - 15 February 2022
948. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he can legislate for any activity on the seabed that belongs to a body (details supplied) particularly in Lough Foyle and Carlingford Lough; if the body can regulate activity that is within Irish territorial waters; and if he will make a statement on the matter. [7755/22]
View answerThe responsibility for the foreshore in the Department of Agriculture, Food and the Marine extends only to Aquaculture and Fisheries related activities, including activities in the six designated Fishery Harbour Centres. All other activities which do not relate to Aquaculture or Fisheries activities are the responsibility of the Department of Housing, Local Government and Heritage.
The management of aquaculture and associated foreshore licencing function in Lough Foyle and Carlingford Lough gives rise to legal and jurisdictional complexities. Applications for Aquaculture licenses are considered by my Department under the provisions of the 1997 Fisheries (amendment) Act, the 1933 Foreshore Act, and applicable EU Legislation. However, in the case of Lough Foyle, Section 2 of the 1997 Fisheries (Amendment) Act disapplies the Act to the Moville Area, as it is defined in the Foyle Fisheries Act, 1952.
The Good Friday Agreement provided for the establishment of the Foyle, Carlingford and Irish Lights Commission (FCILC). This body is one of the six North South Implementation Bodies created under the Agreement. The Loughs Agency, as part of the FCLIC, has been given responsibility for fisheries related matters in respect of both Lough Foyle and Carlingford Lough and the legislation envisages that the Agency will enter into management agreement with the relevant authorities in both jurisdictions with a view to assuming responsibly for aquaculture licensing within the loughs.
My Department organises and participates in an inter-departmental working group which is pursuing a way forward in terms of the future management of aquaculture and associated foreshore activities on Lough Foyle and Carlingford Lough, in parallel with a workable resolution of the complex jurisdictional issues involved.
Discussions in respect of the management agreement are ongoing. Negotiations regarding the jurisdiction of the Lough Foyle and Carlingford Lough along with any other jurisdictional issues are, in the first instance, a matter for the Department of Foreign Affairs. In view of the multi-dimensional and cross jurisdictional nature of the issue involved it would not be appropriate to comment further at this time.
