Adjacent Waters Boundaries (Northern Ireland) (Amendment) Order 2020

Baroness Ritchie of Downpatrick Excerpts

Tuesday 27th October 2020 Grand Committee

[Baroness Ritchie of Downpatrick (Non-Afl) [V]]

My Lords, I thank the Minister for his explanation of these regulations. As he said, they are purely technical.

In that regard, I welcome the noble Lord, Lord Murphy; as a former Secretary of State for Northern Ireland, he will be well aware of the southern boundary in Northern Ireland, in terms of Carlingford Lough. It was in my former constituency when I was a Member in the other place, so I am well aware of the beauty of Carlingford Lough and Carlingford Bay, with the Mourne mountains to its rear and the vast expanse of rich fishing grounds. It is also a major tourist resource.

I have had an opportunity to talk to the local fishing industry in the County Down fishing ports of Kilkeel and Ardglass. It believes that this amendment is necessary to align the southern boundary of the Northern Ireland zone to match the boundary of the UK EEZ, as the Minister pointed out. Apparently, this change was not made at the time, in 2013, and DAERA has been trying for several years to get it fixed. It will bring certainty for fishing vessels, as they will know which jurisdiction they are in.

Previously, there was a zigzag line in Carlingford Lough along that part of the sea border between Northern Ireland and the Republic of Ireland. When the EEZ was agreed, part of that line was straightened out. The effect was that the industry gained an area north of the new EEZ line and lost similar south of the EEZ line. The problem was that the area gained north of the new EEZ line was in UK waters but, as the Minister said, was not legally part of the Northern Ireland zone. At the same time, the area south of the new EEZ line was still part of the Northern Ireland zone according to the adjacent waters boundaries order but was in fact part of the Republic of Ireland.

In many ways, there is now legal certainty for the fishing industry over what is in the County Down fisheries zone and what is not, and who has the power to enforce. No significant change to the territory is involved. However, I have some questions for the Minister. He indicated that the Irish Government were notified. Were they consulted or were they simply notified that this was going to happen? Did they give any particular response? Was the Warrenpoint Harbour Authority consulted or notified, because it is a major harbour authority and dock with a lot of employment in the mouth of Carlingford Lough? There are lots of other recreational facilities situated around Carlingford Lough. Were they consulted? If so, what was their response? I ask this because several years ago, when I was a Member in the other place, I—along with the then Secretary of State for Northern Ireland, Owen Paterson—was part of a delegation. We went on a boat from Kilkeel down into Carlingford Lough; we did not realise that we were on the southern side and somebody had to inform the southern authorities that we were there.

Furthermore, was the Foyle, Carlingford and Irish Lights Commission consulted? If so, what was its response? It is a north/south body set up under the Good Friday agreement, which does a lot of good work in Lough Foyle and Carlingford Lough. It is particularly interested in the marine environment and the potential for tourist and economic development. I would like to know whether it was consulted or notified.

What impact will this redrawing have on the voisinage agreement, which is now subject to legislation in the Republic of Ireland? Before that, there was a Supreme Court judgment in Dublin regarding reciprocal fishing rights. It started off as a gentleman’s agreement between the old Stormont Parliament and the Irish Parliament, the Dáil Éireann; it was signed by the then Prime Minister of Northern Ireland, Terence O’Neill, and the then Taoiseach, Seán Lemass, way back in the mid-1960s in a period of rapprochement. It is important that those reciprocal fishing rights continue for the fishing industry in both north and south.

I would like to know what actual consultation, or notification, took place with the fishing industry, particularly with the two fish producer organisations: the Northern Ireland Fish Producers’ Organisation, and the Anglo-North Irish Fish Producers Organisation, which is known now as Sea Source.

When we are talking about fishing and particularly about the Irish Sea, which is an adjacent part of Carlingford Lough, there will be two jurisdictions: the EU represented by the Irish Government and their fishermen, and the British Government and the County Down fisherman. Are we nearer a deal in respect of fisheries and in terms of trade? It is important that there is a deal.

Finally, it is important that we have the jurisdictions marked out, but it is also significant that this is an important area for tourism, and nothing should blunt that. Perhaps the physical embodiment of that economic co-operation, particularly when we are talking about the UK markets Bill, would be the Narrow Water bridge project. This would put one part of the lough in Northern Ireland at Warrenpoint, and the other side of the lough in County Louth. That would be a fairly short journey, but it would be the actual, physical infrastructural embodiment of reconciliation: a north-south project across the lough. That would do so much to foster relations.

I am happy to support this order, in so far as it is not hindering anybody. It will tidy things up, and it will ensure that Northern Ireland’s County Down fishermen have access to both onshore and offshore waters, under DAERA jurisdiction. I am quite happy to note this, and to allow the order’s passage.