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Dáil Éireann díospóireacht -
Tuesday, 9 Jul 1974

Vol. 274 No. 4

Adjournment Debate: Greencastle Fishermen's Complaint.

On the Order of Business today I gave notice that I would raise this important matter on the Adjournment tonight. I want to thank you, a Cheann Comhairle, for giving me the opportunity to do so. The matter I want to raise is the continuing harassment of Greencastle fishermen in Lough Foyle by ships of the British Navy resulting in destruction again last night of nets despite an apology and offer of compensation by the British Government for last Friday's events.

My purpose in raising this matter is to give whatever extra information I have to the Minister, to inform the House and seek from the Minister a statement on any action being taken. During the course of the discussion I will be mentioning what he has informed me he has done up to now.

In the early hours of Friday morning last a British Navy minesweeper came among the Greencastle fishing fleet which was operating at the mouth of Lough Foyle. They were fishing in the water where salmon fishing traditionally has taken place and where they, their fathers and their forefathers fished down the years. The vessel destroyed four nets belonging to four different boats and seized the net of a fifth boat, interviewed the skipper and took the net away. These nets used are very expensive costing somewhat over £1,000 each. I was informed of this incident by the representatives of the fishermen's association at Greencastle the following morning. I contacted the Department of Foreign Affairs. I got excellent co-operation from the people with whom I got in touch. I alerted them to the happenings of the night before. Unfortunately, the Minister was absent in London. The officials acted on the matter fairly promptly.

I requested that a protest be made to the British Government and that we ask for compensation for the loss of the nets, the loss of fish caught in the nets at the time and the loss of fishing time because these men would be without their nets for some days and, indeed, in some cases much longer. I asked our Government, through either the Department of Agriculture and Fisheries or the Department of Defence, to send a fisheries protection vessel to the scene in case there might be a repeat of the incident and, to send an on-the-spot report to Dublin.

The following day I attended a meeting of the fishermen and heard their views on the matter. I want to make it quite clear that this is not the first incident of its kind. There have been isolated incidents over a number of years. This particular incident, together with a few fairly recent incidents, has meant a stepping up in this sort of activity against Irish fishermen in the Foyle waters.

The Minister rang me yesterday and informed me—and I wish to thank him for this—that the British authorities had apologised for the incident, promised compensation for the destruction of nets, and an investigation into the net which was seized. I thought that that might have ended harassment of the fishermen and that there was a genuine resolve that this sort of thing would stop. To my dismay I had a ring at lunch-time today from the Greencastle Fishermen's Association informing me that in the early hours of this morning a British Navy frigate did almost a repeat performance. This time only one net was destroyed. This is very serious. These people are fishing in waters for which they hold licences.

I admit this may be a problem area in some respects. There are three things involved here. In 1952 the Government of the Republic and the then Northern Government purchased the fishery rights of the Foyle from the old Foyle and Bann Company. That action was necessary because incidents such as these were taking place then. The salmon fishery there is in joint ownership of both Governments and administered by the Foyle Fisheries Commission. I pointed out from the start that there is a problem of delineation of the extent of that ownership. This should be cleared up. I made an unsuccessful attempt at having this done. There was a point on land and a line drawn from it but the line was drawn to no particular point at sea. We talk about moveable points but this is a moveable line. There is confusion here. This harassment by the British Navy means that we must do something about this.

There is the other problem of the general fishing area and the operation of the 12-mile fishery limit. This must be solved because it can arise not only with regard to salmon fishing but with the general fishing that is carried on in the area.

I wish to thank the Minister for his promise to meet a deputation of the Greencastle fishermen next Friday. They will give him fuller information than I am in a position to give him now. I would not have sought this adjournment debate were if not for the fact that there was a repeat performance by the British Navy this morning.

I would ask the Minister in his reply to say if the request for the presence of one of our own fishery protection vessels has been met. When I left yesterday afternoon there were reports that a fishery protection vessel was on its way but I gather it has not arrived yet. I should like the Minister to clarify that matter for us. I should like him to make a further protest to the British authorities and I repeat my request for the presence of a fishery protection vessel.

Over and above all this, there is the question of our territorial waters but I will not go into that matter now. Deputy O'Kennedy, our spokesman for Foreign Affairs, has tabled a question for reply this week. It arises from the Maxwell decision. However, at this time I wish to confine my remarks to the factual matters that I have raised with the Department of Foreign Affairs.

The fishermen concerned operate under fairly strict rules laid down by the Foyle Fisheries Commission. Their fishing week has been shortened, drift net fishermen in other areas enjoy much longer periods for fishing and have longer hours per week for fishing. The drift net fishermen concerned in this matter have respected the rules laid down by the commission and they have co-operated with them. The Minister can quite easily get confirmation of that fact. They are labouring under those restrictions and are complying with regulations and, therefore, the Minister should ensure that this extern activity is cut out.

I wish to thank Deputy Cunningham for the way he has raised this matter and for his clear, concise and accurate account of events so far as they are known to him and to us. I am not in a position at the moment to give a very satisfactory reply because we are still awaiting reports from the Garda of interviews with the men concerned which will give us more precise information as to the position of the boats. I would need information on the full interviews as a basis for considering the matter more fully.

My first difficulty is that I have not got sufficient information to be very clear on the position. There is also the fact that there is a real difficulty here. I regard the position as quite unsatisfactory because it seems to me as of now that no matter how conscientious the fishermen may be they may be in difficulty about knowing precisely where they are entitled to fish. It is our job to try to clarify that. There are some difficulties in this matter but I hope they are not insuperable.

The position is complicated by the fact that we are not talking about territorial waters but of the boundary between fishery conservancy areas which cut across territorial waters and boundaries. Clearly there is an area of the sea which is in the jurisdiction of the Foyle Fishery Commissioners where these fishermen are licensed to fish, some of the area being in the territorial waters off the coast of Northern Ireland and there is some that is clearly in the territorial waters off the coast of the Republic.

We have a rather complex situation that is to some degree undermined and I do not think the fishermen have got sufficiently clear guidance on this matter. At the moment I am in some uncertainty as to the precise location of the vessels and, therefore, I am limited in what I can say at this time. As soon as we received the original information we got in touch with the British authorities but before the British Embassy had an opportunity to transmit the message, another message came from the British authorities with regard to the first incident in which they indicated that, in respect of any licensed fishermen whose nets were damaged, they would be prepared to pay compensation. This will raise the question of which fishermen are licensed to fish and in which areas they may do so, but we have the offer of compensation which we will be pursuing.

The second incident to which the Deputy referred was not of quite the same character as the first because it was not a fishery protection vessel but a minesweeper that was involved. It is not clear whether the incident was connected with fishery protection activities or was unconnected with them and coincidental. We are seeking further information on that point.

I am glad I am seeing fishermen on Friday and that we will have an opportunity of discussing the matter. I hope at that time to be more fully informed both on the facts of what happened and on the question of the de-limitation of the relevant areas of the Foyle Fisheries Commission and the Bann Conservancy Authority. It seems to me it is the relationship between the two and the dividing line between them which is at issue here and which may be somewhat unclear.

The position has been complicated by the change from the old three-mile limit to the 12-mile limit. There is the question of the implications for salmon fishing which may not be the same as for other fishing. I know the Deputy understands there are curious complexities in the whole situation. I will clarify them as well as I can by Friday in order to have a constructive discussion with the fishermen. If it is not possible to get this matter established by Friday, I will take the necessary steps to do so as soon as possible. It is obvious there is a doubt regarding the areas to which particular licences apply. Inevitably this will create problems, a danger of conflict of interest and, indeed, conflicts of the kind which have been involved here. Therefore, this matter must be clarified.

The other matter which Deputy Cunningham raised was the question of our own fishery protection vessel. In fact, a fishery protection vessel of ours—these vessels are, of course, patrolling the coast all the time—will be in the area in the near future.

Near future being?

Within about 24 hours. I have not got a precise fix on it but it will be approximately then in the course of patrolling. In saying that I am not saying that the vessel will necessarily remain in that area. The Deputy will appreciate that we have very large areas of sea to patrol with a limited number of vessels but, as it happens, one of our vessels will be there in about 24 hours. This is one type of problem—there are others with which we have to cope with foreign fishermen encroaching on our waters as well.

I think that is virtually all I can say at this stage. I hope that the discussion on Friday will be constructive and satisfactory. Of course, when we have the full information and as soon as we have the facts to establish the position, we will be pursuing the claims for damages with the British authorities. We will be doing that, of course, in advance of our meeting on Friday and any information I have as to the outcome of that I will convey to the fishermen when we meet them because it may take some little time to have the matter brought to a satisfactory conclusion.

Would the Minister confirm that there was an apology from the British authorities and a promise of compensation?

Yes, as I said, the British authorities were in touch. In fact, the message came before our message got out to them. It said that there had been this incident and that they would pay compensation to any licensed fishermen whose nets or vessels were damaged. Therefore, it is a matter of pursuing the matter, establishing that they were licensed to fish in the area they were in at the time and then pursuing the claims through the normal channels.

The Dáil adjourned at 10.55 p.m. until 10.30 a.m. on Wednesday, 10th July, 1974.

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