200-mile zone and fishing negotiations
Haughey presses FitzGerald on the procedures for declaring a 200-mile zone and on whether Ireland has agreed to transfer negotiations to the European Commission; the Minister initially says these matters do not arise on the 50-mile question. He later distinguishes the domestic legal process for a 200-mile zone from negotiations with the European Communities over a 50-mile zone, and argues that the accession treaty left the common fisheries policy applicable to newly controlled waters, a disadvantage he attributes to the previous Government’s negotiations.
Would the Minister indicate to us in regard to the establishment of a 200-mile fishing zone the procedure to be followed? Will a motion of this House be necessary?
Comment on this
That is a separate question and a somewhat technical one. If the Deputy puts down a question on it I shall be glad to answer it.
Comment on this
In that case there is no point in the Deputy asking the question. At the moment I am answering a question about securing a 50-mile limit. I am not answering technical legal questions.
Comment on this
Fifty-mile and 200-mile zones are very close to each other and involve the same procedures.
Comment on this
Is it the Minister's intention to come before the House, in pursuance of his promise which he has obviously given to the Council of Ministers, to extend Ireland's fishing limits?
Comment on this
Will the Deputy put down a question on the matter? It does not arise on the question now before us. If the Deputy desires to make any more mileage out of the propaganda he tried to produce——
Comment on this
I have been trying to extract some information from the Minister. There is the question of a 200-mile limit and we as a country must make that declaration. I understand the Minister has promised the Council of Ministers that he will make such a declaration. There is another question of a 50-mile limit. I want to know what are the appropriate procedures for, on the one hand, declaring a 200-mile limit and on the other hand declaring for ourselves a 50-mile limit.
Comment on this
It does not arise on this question. The mechanism is one that involves this country as a State declaring a 200-mile zone by the legal and constitutional procedures appropriate to this State, which do not arise on this question and which are a matter for the Attorney General and the Department of Agriculture and Fisheries, and I am not prepared to go into them on this question. On the 50-mile zone, the process is one of negotiation with a view to securing agreement on a regulation or directive, as the case may be, of the European Communities.
Comment on this
Is it a fact that in The Hague talks the Minister agreed to do two things, one, that Ireland will establish a 200-mile zone and, two, that the negotiations in regard to that will be handed over to the Commission and will not be retained by this country?
Comment on this
It is totally irrelevant to the question. If the Opposition are not capable of framing relevant questions——
Comment on this
I think the House would agree that the Minister for Foreign Affairs would be permitted to finish his questions.
Comment on this
Will the Minister agree that he has agreed to extending our limit to 200 miles and that he has agreed to hand over negotiations on the situation to the Commission— that he has given away completely and totally our national position without getting a single thing in return?
Comment on this
The Deputy is referring to the accession treaty which he negotiated, and as a result of the wording of that accession treaty and the specific wording of its articles in regard to fishing rights in the future as well as in the past, any extension of fishing limits that brings new waters within the control of the common fisheries policy—that is the clear wording of the treaty——
Comment on this
That is the legal position as interpreted by the Commission and the Council. It is the legal position we now have. The Government then, in agreeing to the terms of the treaty, did not so word it as to limit the application of the common fisheries policy to the existing limits. That was a fundamental error in the negotiations. That error has proved disadvantageous to us. I regret it happened.