Common Fisheries Policy

Dáil Éireann Debate, Thursday - 12 July 2018

Thursday, 12 July 2018

Ceisteanna (580)

Charlie McConalogue

Ceist:

580. Deputy Charlie McConalogue asked the Minister for Agriculture, Food and the Marine the fishery limits in place for Irish fishing boats with respect to nautical miles off the Irish coast, Northern Ireland coast, the British coast, and other member states’ coastline under agreements (details supplied); the fishery limits applying to boats from other EU countries accessing Irish fishing waters; and the limits applying to Northern Irish fishing boats and British boats in accessing Irish waters as operating under these agreements in tabular form. [32189/18]

Freagraí scríofa

Minister for Agriculture, Food and the Marine

The London Fisheries Convention deals primarily with the right of a number of countries to fish in each other's 6 to 12 mile fishing zones based on historic fishing activity. Most of these rights were later incorporated into the Common Fisheries Policy.

On the basis of the provisions of Articles 2 and 9 of the Convention, pre-existing reciprocal arrangements were re-affirmed at the time by means of an exchange of letters in the 1960s between the UK/Northern Ireland and Ireland which provided for vessels from Northern Ireland to fish within Ireland’s 6 nautical mile zone and vice versa known as the Voisinage arrangements. The Common Fisheries Policy (Article 5 of Regulation 1380/2013) provides for the continuation of such neighbourhood arrangements. 

The Voisinage arrangements are long-standing reciprocal arrangements which have allowed fishing boats from Northern Ireland access to fish within the 0 to 6 nautical mile zone of the territorial waters of the State and vice versa.  On the basis of the provisions of Articles 2 and 9 of the London Fisheries Convention, pre-existing reciprocal arrangements were re-affirmed at the time by means of an exchange of letters in the 1960s between the UK/Northern Ireland and Ireland. The Common Fisheries Policy (Article 5 of Regulation 1380/2013) provides for the continuation of such neighbourhood arrangements.

It is important to note that the Supreme Court upheld the High Court finding that the Voisinage arrangements are not invalid but that, as it stands, there is insufficient provision for them in domestic law.  The Supreme Court in fact noted that the arrangements were a sensible recognition at official level of practice and tradition, where fishing boats traditionally fished neighbouring waters.

The application of the judgment is to all fishing by Northern Irish fishing boats in the 0 to 6 nautical mile zone, measured from the baselines, relying on the Voisinage arrangements.  The Government approved the publication of the Sea-Fisheries (Amendment) Bill to address issues raised by the Supreme Court judgment, in so far as it relates to access for Northern Irish vessels.  If enacted and commenced, the Bill will give the Voisinage arrangements a proper legal footing.  The Bill was published in February 2017 and is available on the Oireachtas website.  The Bill has commenced debate in the Seanad. In the meantime, access continues to be provided for Irish sea-fishing boats to the Northern Ireland 0 to 6 nautical mile zone, although the UK has expressed concerns about the unequal situation which currently prevails.

Details of access for EU member states to Ireland’s 6-12 nmz and for access for Ireland to the UK 6-12 nmz are set out in the following table.

Access for EU Member States to Irish   6-12nm zone
Country	Geographical Area	Species	Importance or particular characteristics
France	Erris Head north-west Sybil Point west	Demersal Nephrops	Unlimited
	Mizen Head south Stags south	Demersal Nephrops Mackerel	Unlimited
	Stags south Cork south	Demersal Nephrops Mackerel Herring	Unlimited
	Cork south, Carnsore Point south	All species	Unlimited
	Carnsore Point south, Haulbowline south-east	All species except shellfish	Unlimited
United   Kingdom	Mine Head south Hook Point	Demersal Herring Mackerel	Unlimited
	Hook Point Carlingford Lough	Demersal Herring Mackerel Nephrops Scallops	Unlimited
The   Netherlands	Stags south Carnsore Point south	Herring Unlimited Mackerel
Germany	Old Head of Kinsale south Carnsore Point south	Herring	Unlimited
	Cork south Carnsore Point south	Mackerel	Unlimited
Belgium	Cork south Carnsore Point south	Demersal	Unlimited
	Wicklow Head east Carlingford Lough south-east	Demersal	Unlimited

Access for Ireland to the UK

6-12nm zone

Geographical area	Species	Importance or particular characteristics
Point Lynas north Mull of Galloway south	Demersal Nephrops	Unlimited
Mull of Oa west Barra Head west	Demersal Nephrops	Unlimited
Port Stewart South Cranfield Point North	All species	Unlimited
Jurby Head South Point of Avre South	Herring	Unlimited