andMr. Deasy asked the Minister for Fisheries and Forestry if, in view of the failure of the EEC to reach a Common Fisheries Policy, and as Britain has her own conservation rules in operation, the Government will now declare a unilateral 50 mile limit in the interest of conservation as laid down by the Hague Agreement of 1976.

I would refer the Deputies to the European Court of Justice judgment of 16 February 1978 that the unilateral fishery conservation measures taken by the previous Government in February 1977 were illegal. I would point out that the question of the legality of the unilateral conservation measures taken by the United Kingdom has been taken up by the European Commission, and I understand that proceedings are imminent in regard to these measures in the European Court of Justice.

58.

andMr. White asked the Minister for Fisheries and Forestry if it is intended to re-open negotiations with the EEC to obtain a 50 mile exclusive limit for Irish fishermen.

My objective in the continuing negotiations for an EEC common fisheries policy is to secure the best possible terms for the Irish fishing industry. As indicated by my predecessor two years ago, I do not think it is a realistic proposition to press for a 50 mile exclusive limit; but I would hope to negotiate a deal that will give equivalent results as far as Irish fishermen are concerned.

Will the Minister enlighten the House as to the exact zones and limits that Irish fishermen are entitled to and as to what limits the EEC fishermen are entitled to?

That is a separate question. The question asks to re-open negotiations with the EEC. The Deputy is now seeking all the statistics in relation to the fishing limits.

The Minister has just stated that it is not realistic to reopen negotiations as far as the 50 mile exclusive limit is concerned. Will the Minister accept that it is in the Irish fishermen's interest for us to have an exclusive 50 mile zone?

It is not a realistic proposition to press for a 50 mile exclusive limit at present, but there is a possibility of a scheme of fishing plans operating on an interim basis which could give Irish fishermen preferential treatment up to 200 miles from our coast. These plans will have to be negotiated with our partners, and they will involve a reduction in the fishing efforts of other member states in Irish waters. That is the best course for us to adopt.

When the Minister talks about Irish waters what exactly does he mean?

I refer to a 200 mile zone around our coast in which we would look for preferential treatment.

In his negotiations and discussions in relation to these proposed bands will the Minister take particular note of what seems to be a current popular wish on the part of some other states that the size of boats should be taken into consideration and will be given preference so that there will be no discrimination against fishermen from any country but there will be preference for boats of a size?

I will take note of what the Deputy says.

Will the Minister also take note of the fact that the other member states' idea of what is a small boat is very different from what we would consider a small boat? A small fishing craft to some of them is at least 95 feet.

It is our thinking that the bigger boats would fish further out from the shore and the smaller boats should fish close in.

Am I right in thinking that it is the Minister's intention that bigger boats will fish further out? Would the Minister tell the House if the type of net comes into it too?

Yes. We have decided on a system of quotas, total allowable catch, monitoring of fish and so on. Structural measures will be negotiated quite soon and these will involve the type of net, boat and the matters mentioned by the Deputy.

Does the Minister intend to bring a Bill before the House?

Yes.

How soon?

I cannot say until negotiations are completed.

Can the Minister say at what stage these negotiations are?

We had considerable progress at the last meeting in January with regard to the total allowable catch and quotas. The next matter to be dealt with is how quotas will be divided among the member states and monitored to ensure that quotas are adhered to. The question of limits and specific zones will be the most intractable problem we will have to meet.

Have any aspects of the proposals been finalised and accepted at EEC level?

None yet.

59.

asked the Minister for Fisheries and Forestry when he expects an EEC fishing policy to be formulated and passed by the EEC Ministers.

I am reasonably optimistic that agreement on an EEC fishing policy will be reached before the end of this year.