Vol. 521 No. 2
32 Ms Fitzgerald asked the Minister for the Marine and Natural Resources if he will report to Dáil Éireann on serious crimes committed by foreign fishing vessels against Irish trawlers in the 200 mile fishing zone and in international waters; the number of such incidents in recent years; the number of prosecutions in this regard; and if he will make a statement on the matter. [13765/00]
73 Mrs. B. Moynihan-Cronin asked the Minister for the Marine and Natural Resources when he expects to bring to Government legislative proposals to tackle the growing problem of clashes between fishing vessels at sea. [16681/00]
I propose to take Questions Nos. 32 and 73 together.
As these are both oral questions a time of not more than 12 minutes is allotted for the two of them.
In the recent past there has been an increase in the number of incidents between Irish and foreign fishing vessels, particularly off the south west coast – those Cork fellows again – and an increase in the number of complaints of intimidation and harassment from fishermen. In excess of 50 such incidents have been reported to my Department over a five year period. A detailed review of these incidents has been undertaken and while it is accepted that there were genuine cases of accidental collisions due, in the main, to failure to keep a proper look-out, poor navigational practice and unattended bridge areas, the majority of the incidents which had occurred involved vessels protecting, or trying to protect, their own fishing gear.
I will bring legislative proposals to Government in the very near future to deal with incidents between fishing vessels at sea. These proposals, which are in the course of preparation, involve the giving of powers of arrest to the naval authorities in circumstances where a vessel is suspected of having caused malicious damage to another vessel or its gear. Such powers will, it is envisaged, apply within the 12 mile limit and on the high seas within the 200 mile limit.
The proposal for new legislation follows detailed analysis by my Department, with the Office of the Attorney General and the Department of Foreign Affairs, of the adequacy of existing legislative powers of the State under fisheries, maritime safety and international legal codes. This has included the commissioning of an independent report from a major authority in the field of international maritime law, in-depth analysis by the Attorney General's office, the preparation of a technical report by my Department working with BIM and the Naval Service and, more recently, the receipt of senior counsel advice and the advice of the Attorney General.
The objective of the proposed new legislation is to provide a framework in Irish law to deal with cases of harassment and intimidation at sea. The proposals are based on the piracy provisions of the United Nations Law of the Sea Convention 1982.
Is the Minister satisfied with our naval resources? When does he expect the proposed legislation to counteract piracy at sea within a 200 mile zone to be ready? The Taoiseach indicated it may be ready before December. It was originally promised for the end of April. Is the Minister satisfied we have the necessary resources to effectively implement the legislation when it is enacted?
Given that we have such a huge area of sea to protect, nobody could be happy that we have the ability to protect it as effectively as we would all like. While the Naval Service and the Air Corps are doing a good job, it is fair to say that, given the great demands for adequate fishery protection, we would like to see a far more efficient job done. I am satisfied that a good job is being done in the circumstances. There are proposals to improve on that and the impending legislation will give the necessary additional powers to the Naval Service and the Air Corps to deal more effectively with these kinds of incidents. The preparation of the legislation is proceeding apace. I am not aware of any time in the past when so much legislation was introduced to the House or was in the course of advanced preparation as has been the case in the past few months.
When will the Bill be published?
I cannot say exactly.
I am impressed with the questions, but I am not sure the Minister has answered them adequately. A satellite surveillance system has been used for many years, both in war and peace. This country is at war all the time with the Spaniards and French who illegally fish in our waters and threaten our fleet, very seriously at times. Does the Minister agree the surveillance and policing of the 200 mile limit around out coast could be done much more effectively and economically by satellite?
The Deputy is probably aware that a new scheme has been introduced in the past few months. All vessels are now required to carry equipment which will identify their location. It is not fully operational, but it will increase our ability to track the presence of vessels in various locations and will make the protection and patrolling effort much more efficient.
Is the system under Irish control or are we sharing it with other EU countries?
It is an EU programme, operated by the EU Commission with the involvement of all EU member states.
Pious words butter no bread.
Will the Deputy repeat that quotation?
The Deputy is supposed to ask questions not engage in quotations.
Everybody knows the livelihoods of our fishermen are at risk, and at serious risk off the south west coast where many incidents have occurred, including fatal accidents. In other parts of the Atlantic Ocean several nations are arresting trawlers which engage in illegal activities by landing armed personnel from helicopters, taking the ships ashore and confiscating them.
A question for the Minister.
I understand legislation is in place which allows for the confiscation and take-over of foreign ships that cause serious infringement. No such ship has ever been confiscated in our waters.
The Deputy should conclude.
Will the Minister ensure the safety of Irish fishermen off the south-west coast, where they are being intimidated by foreign trawlers even at this very moment?
The State has powers to arrest vessels only inside the 12 mile limit and outside of this the provisions of the United Nations Convention on the Law of the Sea applies, including the rights of free passage. There is, therefore, a need to put in place this legal framework to deal with incidents of harassment and intimidation committed in the maritime area. I agree there have been major difficulties in some instances. That certainly is something which we cannot and will not tolerate, but until such time as we enact this legislation our ability to deal with these issues is limited.
When one talks about patrolling the waters against incursions by foreign fishing vessels, for how many square miles of water is the State responsible? Is the Minister satisfied the Naval Service has enough resources to do the job entrusted to it?
I do not know the exact number of square miles involved, but the Deputy can calculate it as 200 miles by whatever is the figure.
It is 164,000 square miles. It is the equivalent of having two patrol cars for the entire country.
Yes. We are all agreed that we do not have the required resources to patrol adequately. I want to increase the efficiency of the Naval Service and the CASAs have been a significant development in this regard. Satellite monitoring will become an important tool in identifying and detecting what is going on out there, but we are all agreed that it is difficult to police such an area. The Naval Service does a good job within the confines in which it operates.
