The programme for Government includes a section dealing with commitments in respect of the Common Fisheries Policy and the proposal from the Government to ensure greater access to fishing waters, good governance and sustainable development. At the moment catching of four species of fish, monkfish, prawns, megrim and white pollock, is banned in the Irish box to Irish fishermen, on the basis of conservation of stocks. This is made a mockery of by the fact that Spanish trawlers are now entitled to fish in Irish waters because they have a greater quota. Irish fishermen must keep their boats tied up or throw the fish overboard while Spanish fishermen can sell fish caught in Irish waters to the Irish consumer.

This is not listed on the agenda for the Copenhagen meeting on Friday. I want an assurance from the Taoiseach that he will raise this with the heads of government in Copenhagen, because this is a matter not just of national pride but of the livelihoods of 25,000 families around the coast, many of whom live in areas in which no regional development of any consequence has taken place or ever will because of infrastructural deficits and so on. Will the Taoiseach assure me that he will raise the issue of reform of the CFP with heads of government on Friday so that this matter, which will not come up again for many years, can be dealt with comprehensively on behalf of Irish fishermen, who have 5% of the quota while our country has 11% of the waters?

For the past 32 years Irish fishermen have been seeking implementation of a 32-mile box around the country to restrict foreign access to this zone, on which, as Deputy Kenny says, 80% of our whitefish fleet is dependent. When Spain and Portugal joined the EC 16 years ago, Spain was given access to that zone for 93 vessels at any time from a list of 300 vessels. In 1995 a comprehensive new arrangement was worked out to facilitate full integration of Spain and Portugal into the CFP. It was agreed that this would be debated as part of CFP policy and this discussion is ongoing. I assure Deputy Kenny that the discussions of the framework for the debate on the CFP taking place next year are still going on.

Recently, however, Spain has been seeking equal access to all EU waters and is pressing hard for the removal of the western waters regime, which gave protection to our fishermen. It has support from the Legal Services Commission, which stated that the rule was to end at the end of December. This should not happen, but discussions should take place this year. The issue is a contentious one and potentially very divisive – it could lead to difficulties in our waters. We have taken it up with Commissioner Fischler. This week's meeting is about enlargement but I will certainly mention it en marge to the relevant people. We dispute the view of the legal services on this: it is seriously flawed and incomplete. A detailed contrary opinion from the office of the Attorney General has been sent to both the Presidency and the Commission. We will continue to fight this serious battle.

Will the Taoiseach comment on the legal advice given to the Government by the Attorney General, which I understand states clearly that access to the Irish box can be restricted for Spanish trawlers? There are 25,000 fishing families around the country, including more than 5,000 in Cork, 3,200 in Kerry, almost 2,000 in Mayo and 4,300 in Donegal. The Taoiseach and the Minister for Communications, Marine and Natural Resources will need to fight this on a much tougher basis, because the issue will not be revisited for a number of years. The conservation element of the CFP is made a mockery of by the fact that Spanish fishermen with larger quotas can fish in Irish waters. That defeats the purpose of sustainable development and the conservation element of the fisheries policy.

I am glad to hear that the Taoiseach will raise this on the margins of Friday's summit. He should take a direct interest in this because regional development will never take place to a satisfactory level in these coastal communities. This has been their livelihood for generations. The Taoiseach and his Minister should fight this case much more forcefully than they have done so far.

In 1995, when the compromise agreement was worked out and we agreed to facilitate the full integration of Spain and Portugal to the Common Fisheries Policy, the arrangement covered the Irish Box and was known as the western waters regime. It was introduced in 1996 following the end of the transitional arrangements agreed under the act of accession for Spain. This was to be phased and would form part of the Common Fisheries Policy review. We could not argue with that.

The Commission legal service, however, in response to questions put by Spain, gave the surprising opinion that the western waters regime fell automatically at the end of 2002 so it would not form part of the discussions on the Common Fisheries Policy. The legal advice we have states that opinion is seriously flawed. The Attorney General's office prepared a detailed contrary opinion and we have given that to the Danish Presidency and the Commissioner.

Portugal has submitted legal opinion similar to ours. The Spanish have supported the legal service's opinion because it suits them fine. The Commission does not accept the opinion of the legal service that the regulations fall in their entirety but states that the discriminatory elements, in effect the Irish Box, cease to have legal effect, causing enormous problems for us. It has presented no legal opinion to back this up but we are demanding to see it because it runs out at the end of the year.