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Dáil Éireann díospóireacht -
Thursday, 16 May 1991

Vol. 408 No. 6

Ceisteanna—Questions. Oral Answers. - Alleged Ramming of Trawlers.

Gerry O'Sullivan

Ceist:

2 Mr. G. O'Sullivan asked the Minister for the Marine if he has discussed the recent ramming incidents of Irish trawlers by Spanish vessels off the south-west coast with his Spanish counterpart in the EC; if so, if he will outline the response he received; and the action he proposes to take to safeguard the lives and interests of Irish fishermen and women.

I would like to inform the Deputy that I have discussed alleged ramming incidents involving Irish and Spanish fishing vessels in the waters off the south-west coast with my Spanish counterpart. I have also written to my French and Spanish ministerial colleagues expressing my concern at the danger presented to life and property by such incidents. The response of the Spanish authorities to the concerns voiced by me was that they were anxious to help in the matter and would not hesitate to take action against Spanish nationals in situations where it could be shown that they had been culpable. I have also raised this topic at the most recent EC Fisheries Council meeting on 18 April 1991 as is my practice at all such meetings with my EC colleagues.

The "rules of the road" for ships moving in our territorial waters are contained in the International Regulations for Preventing Collisions at Sea, 1972, which are enshrined in domestic legislation. The Irish regulations do not, however, apply to foreign registered vessels where the incident occurs outside territorial waters. The incidents referred to by the Deputy occurred outside territorial waters. In the circumstances the only option open to me is to report to the maritime authority of the flag state concerned and to ask them to pursue the matter and this I have done.

At present in cases of collisions involving an Irish and a foreign vessel outside territorial waters the appropriate form of redress is by way of a civil action and I understand that this avenue is being pursued in the case of some recent incidents.

Naturally I am anxious that the law be strengthened in this area and have asked the Attorney General to study this complex area of maritime law to see if any means can be found of overcoming the difficulty.

I welcome the Minister's assurance that he is looking at the legislation, but I must put it to him that this is not a matter of "rules of the road" at sea; this is nothing short of attempted murder. The facts as given to us are that at sea Spanish trawlers attempted to ram and kill Irish fishermen fishing in EC waters. It is ridiculous. I ask the Minister to address this problem. Our Naval Service are prevented from going to their aid due to regulations. It is not good enough for the Minister to say he has written or spoken to his counterpart. I ask the Minister to consider that the Spanish Ambassador be brought in and told in no uncertain terms that we will not accept this type of activity in EC waters.

First, I deplore any sensationalism.

In the most recent incidents we had the help of the Naval Service and I have reports from our naval personnel. As experienced people in the House will know, sometimes what appears in the papers and what is said is not in accordance with the facts of the reports I get from our naval officers. I want to emphasise to the House that there is no soft attitude, no pussyfooting about interference with our fishing boats and our fishermen. This is being pushed strongly by me at the Council of Ministers and at home in so far as I feel a strengthening of the law of the sea is needed with regard to incidents that happen outside our limits.

A Cheann Comhairle——

Again, let me intervene to say the time for dealing with priority questions is fast running out.

This is a matter of life and death. You appreciate the point and I want to stress its importance.

Also I have doubts about dealing with them today.

I accept that the Minister has done everything in his power at this stage but it needs more than that. Tough action is needed from now on. It should go out loud and clear that it will not be acceptable——

We are having a statement from the Deputy. I am passing on to Question No. 3.

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