asked the Minister for Fisheries and Forestry if he is aware of the fears and anxiety of fishermen at the danger of accidents arising from the activities of unidentified submarines in fishing areas; and the efforts he is making to have such activities prohibited.
Ceisteanna—Questions. Oral Answers. - Activities of Submarines.
10.
I am fully aware of the anxiety of fishermen about the risk of accidents arising from the activities of submarines within the exclusive fishery limits of the State, especially since the sinking of the trawler Sharelga by a British submarine in April 1982. However, the freedom of the high seas has always been a fundamental principle of international maritime law. I am not in a position to introduce legislation which would conflict with that principle.
The Minister will be aware that there have been reports of submarines being sighted within our territorial waters. He will be further aware that, under the United Nations Law of the Sea Conference, he has authority to introduce certain controls here on such activities. Can the Minister indicate what action he proposes to take in regard to controlling the areas which we can under the International Law of the Sea Conference? What action does the Minister propose taking to alleviate the situation and to restore confidence in the industry in areas outside our territorial waters?
I should inform the House that, since the April 1982 incident, which resulted in the sinking of the Sharelga, my Department, the Taoiseach's Office and the Departments of Communications, Defence and Foreign Affairs have been made aware of this danger to fishing boats. May I say that the rule in relation to the freedom of the seas, laid down by international law, applies also to territorial seas? While a coastal State has sovereign rights these are subject to the freedom of all ships, including naval vessels, to traverse the territorial seas so long as they do not act in a manner which is prejudicial to the peace, good order and security of that coastal State. In relation to naval vessels, including submarines, this would require that they be navigated so as to avoid coming in contact with underwater cables, pipelines, fishing gear and so on. In relation to that all we are asking is that they use our waters bearing in mind the safety of the people using them also.
The Minister must be aware that while there are certain freedoms, there are also certain restrictions and that he can introduce legislation or regulations here to control these activities, and to demand certain things of them under the existing Law of the Sea Conference. Does the Minister propose to deal with this specific area and to take further action to deal with the other problems which arise outside our territorial waters?
I might repeat that the freedom of ships to traverse our territorial waters is also part of international marine law. I am afraid that any restrictions would be regarded as a breach of international law.
The Minister must be aware that the Law of the Sea Conference defined very clearly what one can and cannot do, and one can introduce restrictions to control activities, to ensure that ships fly flags and other things by which they can be identified. Has the Minister any proposals to deal with that area, or is the Minister for Communications dealing with it?
In relation to the flying of flags and other matters to which the Deputy referred, I should say that these are a normal day-to-day, accepted criteria for the good order of movement of traffic in our waters and around our coasts. But when there is a situation in which some unknown vessel — like that of the submarine in the Sharelga incident — traverses our waters one can introduce as many laws as one likes and be in breach of as many international laws as one likes but it will not cure the problem, of which the Deputy is quite well aware.
There is a possibility that they may not cure it. But certainly there are some restrictions that could be introduced and some action that can be taken under the Law of the Sea Conference. Does the Minister propose taking such action or has the Minister for Communications any such plans? Furthermore can the Minister ensure that the skipper of the Sharelga will be compensated because two years have passed since his boat was sunk and he has not been compensated?
That is a totally different question.
Can the Minister give us an indication of whether he proposes introducing legislation to deal with our territorial seas?
I have no proposals at present to do what the Deputy suggests.
Would the Minister examine the matter and ascertain what he can do in an effort at least to alleviate anxiety?
I will indeed but I can tell the Deputy that, in the first place, it is a matter for the Minister for Communications.