asked the Taoiseach whether he is aware that a fishing vessel owned by a resident of Kilkeel, County Down, was arrested by the L.E. Cliona and that proceedings were instituted against the owner in the Dublin District Court on the 1st instant, and that this action has caused grave public uneasiness, and whether in view of the serious implications of the arrest and prosecution the Government will quash the sentence.
Ceisteanna—Questions. Oral Answers. - Arrest of County Down Vessel.
I am aware that a fishing vessel registered in the Six Counties was arrested, as stated by the Deputy, and that the master of the vessel was fined in the District Court for unlawfully entering our exclusive fishery limits.
The proceedings were taken in accordance with the provisions of the Sea Fisheries Protection Act, 1933, as adapted by the Constitution (Consequential Provisions) Act, 1937, which, in effect, make it unlawful for any sea-fishing boat not registered in our register under our Merchant Shipping Acts to enter (except for certain lawful purposes) or to fish within our exclusive fishery limits. I am not aware that the enforcement of the law for the protection of Irish fishermen whose sea-fishing boats are registered in our register has caused grave public uneasiness any more than the enforcement of the law against our fellow-countrymen in the six north-eastern counties in reference to customs matters on the land border causes any such uneasiness.
It is well known that the interests of our fishermen have been seriously affected by British sea-fishing boats unlawfully entering and fishing within our exclusive fishery limits, and, if exceptions in favour of Six-County residents were made, it would be a simple matter for such British fishing boats to register at one of the ports within the six north-eastern counties and so claim immunity. If owners of sea-fishing boats resident in the six north-eastern counties wish to fish in our exclusive fishery limits they can do so very simply by registering their boats in our register.
All these matters merely emphasise the unhappy results of the unnatural partition of our country.
No petition for a remission of the penalty imposed has been received. In fact the fine was promptly paid.
Is the Taoiseach aware that our exclusive fishery limits embrace the four seas of Ireland; that under the Treaty of 1921 all Ireland became the Free State and that only six northern counties opted out of that State; and that, consequently, the seas round Antrim, Down and Derry are part of our exclusive fishery limits? Does the Taoiseach say then that our exclusive fishery limits are the territorial waters of the Republic of Ireland rather than the territorial waters of Ireland as a whole?
I should like to ask the Taoiseach if he is aware that north of Ireland fishing boats operating off the coast of the Twenty-Six Counties do so under the Union Jack and that one month ago two north County Dublin boats, the Girl Nancy and Maid of Fingal, were prevented from fishing at Annalong in the County Down?
I will answer Deputy Dunne's supplementary first.
It is easier.
No, the other is quite easy, but it may be a little longer. I have been informed of the matter referred to by Deputy Dunne. Of course, in international law, the position of a northern vessel registered in Kilkeel or the Six Counties is a British vessel presumably flying the British flag.
With regard to Deputy Cowan's question, I am fully aware of the point that he raised because I take the credit for having been the first to discover it when I was Attorney-General, and of giving an opinion to that effect. That is the position at the moment. But with the Deputy, I think, his other point is a different one. His other point would lead us to go after British vessels off the coast of Antrim, collect them and bring them in here and prosecute or fine them in our courts. I do not know whether the Deputy wishes to do that or not, but it is the obverse side of the case that he put here in his question.
I want to assure the Taoiseach that the object of the supplementary question was to make clear that that was the constitutional position as far as the territorial waters are concerned. Once that position is clearly understood, that we are not limiting our rights to territorial waters of the Republic of Ireland, I must say that I am perfectly satisfied with the Taoiseach's declaration which, naturally, would give us the right to proceed against vessels not registered here that may be fishing in Belfast Lough. Arising further out of the question, may I ask the Taoiseach if the Government would consider permitting Six-County vessels to register here on terms different from those on which vessels owned in this part of the country may be registered? In other words, would it be possible to permit them to be registered here free of any charge?
I am not at all sure that there is any charge except a nominal one for registering any boat here under our Merchant Shipping Act. I cannot say from recollection, but the amount of the charge is of no importance. As regards the other point raised by the Deputy in the first part of his statement, I made the international position clear, I think it was when I was speaking in the Seanad on the Republic of Ireland Bill, that we did claim the entire of Ireland and all its territorial seas other than what is excepted out by the Government of Ireland Act.
That declaration certainly satisfies me.
That is something.
I take it from what the Taoiseach has said that the action against this particular boat was taken in order to protect the interests of our inshore fishermen? Would he define his attitude on a case which is causing great hardship to fishermen at the present time where we have boats registered in Dublin but manned entirely by Scottish crews which are doing a lot of damage to our inshore fishermen?
That is a different question.