Vol. 395 No. 6
10 Mrs. Taylor-Quinn asked the Minister for the Marine if the European Court Order made in November 1989 relating to the British Merchant Shipping Act, 1988, has any effect on Irish shipping legislation; and if he will make a statement on the matter.
The European Court Order arising from the action instituted by the EC Commission against the United Kingdom has no direct effect on Ireland. The order granted by the court is, in effect, an injunction against the United Kingdom relating to the application of nationality requirements of certain sections of the British Merchant Shipping Act, 1988. This order was granted pending the outcome of the case.
As the Deputy will be aware, the matters at issue relate to the control of "flagships" or "quota-hoppers". Ireland has to date supported the United Kingdom in its defence and, as the case is still sub judice, I would prefer not to make a substantive statement on the issue at this stage.
Is the Minister aware that the fishing community are concerned about what is happening in Europe? Is he aware that they are fearful of flags of convenience being flown by fishermen from other member states to the detriment of Irish fishermen?
I could not agree more with the Deputy. This is a serious problem and that is why we are associating ourselves with the UK in what they are doing. The fact is that we have limited quotas and if flags of convenience are allowed those boats will be picking up our quota of fish. In so far as it is humanly possible we want to avoid that and block it if it has started. The Commission have acted under Articles 7.52 and 221 of the Treaty of Rome which concern the right of establishment, discrimination against nationals, movement of capital and so on. The Commission have attacked the UK Act on that basis. There is a defence. We have associated ourselves with that defence and we are hopeful that we will win.
What action is the Minister taking, in his capacity as President of EC Fisheries Ministers, in relation to the Irish position?
On what matter?
What action is the Minister taking within the Council of Ministers on this issue? What discussions or negotiations is he having to change this position to the advantage of Irish fishermen?
Let us not extend the scope of the question.
As I indicated the Commission are relying on three Articles of the Treaty of Rome. We are associating ourselves with the case being put up by the United Kingdom. As I mentioned in my reply, the matter is sub judice. I have given plenty of information to the Deputy and to the House on the issue and I do not think I should go any further as of now.
