Crucial cross-border fisheries bill may not be law before Brexit

In a high-profile incident at the end of last month, two Northern Ireland registered vessels were detained in Dundalk by the Irish naval service as they were fishing in waters controlled by the Republic of Ireland.

The incident, which was quickly resolved, highlighted the gaps caused by a long-standing gentlemen's agreement between those in power on both sides of the border that allowed for a de facto turning of a blind eye to fishing approximately 9.6km either side of the border line.

While the UK had signed this into law a number of decades ago, the same move did not take place in the Republic due to our previous constitutional position that Northern Ireland was automatically part of the Republic of Ireland - with Dublin instead preferring a gentlemen's agreement on the issue.

However, the incident - and the impending threat of a crash out no deal Brexit - has forced the hand of Government to now sign a bill on the issue into law.

The Seanad is due to discuss the Irish fisheries (amendment) bill on Thursday at midday, with the Government having hoped to have used the final day before the St Patrick's Day break until March 26 to sign off on the Seanad's part in the committee and report stages of the bill.

This would have allowed the Government to fast-track the bill when the Oireachtas returns on March 26 to ensure it is also passed through the Dáil and signed into law by President Michael D Higgins before the Friday March 29 Brexit UK-EU divorce date.

However, during order of business in the Seanad on Wednesday, Fianna Fáil, Sinn Féin and a number of Independent senators raised concerns over the sudden speed of the bill and insisted it must undergo further industry discussion.

A Sinn Féin spokesperson had yet to respond to the situation at the time of going to press.

However, a Fianna Fáil sources told the Irish Examiner Micheal Martin's party is still in favour of discussing the bill at committee stage on Thursday, and declined to say if the party is also in favour of passing report stage on Thursday as well.

It is understood both parties, and Independents, are strongly of the view the bill must undergo further industry scrutiny and that the stand-off has nothing to do with constituency issues in fishing-dominated communities.

Similarly, it is believed that even if the bill does not pass report stage on Thursday, there will be time in the final days before Brexit for the bill to become law.

However, in a statement to the Irish Examiner on Wednesday night, a spokesperson for Agriculture Minister Michael Creed warned the potential delay is putting a key part of Ireland's no deal Brexit protections at risk, saying:

"The Irish Government is committed to ensuring reciprocal access for Irish and Northern Ireland vessels within the six nautical mile zone and to formally underpinning voisinage arrangements by law.

"The Government's stated intention is to pass legislation to underpin the voisinage arrangements and to put the agreement on a statutory footing. Having consulted with all parties and industry representatives, the Government will seek to progress the bill to completion in the Seanad on Thursday."

Similarly, Tánaiste Simon Coveney made a plea for progress in the Dáil on Wednesday, saying:

"We have very important legislation on fisheries in the Seanad. I am appealing to both Fianna Fáil and Sinn Féin, which are currently opposing that legislation, to consider what they are doing.

"We are about the business of preventing border infrastructure, both in the Irish sea and on land, and we are currently preventing fishing vessels from Northern Ireland accessing our six-mile limit waters, which we have done historically.

"Minister Creed is trying to fix that problem this week and he needs the facilitation and the assistance of both parties in the Seanad.

"I would appeal to them to be of assistance in that regard."