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

Viscount Younger of Leckie Excerpts

Tuesday 27th October 2020 Grand Committee

Moved by

[Viscount Younger of Leckie]

That the Grand Committee do consider the Adjacent Waters Boundaries (Northern Ireland) (Amendment) Order 2020.

[Viscount Younger of Leckie (Con)]

My Lords, I shall start by setting out the context of why we are making this amendment, which is purely technical, now. We are seeking to change the Adjacent Waters Boundaries (Northern Ireland) Order 2002 to accurately reflect the southern boundary of the Northern Ireland zone. The legislation was not amended when the UK Government legislated for its exclusive economic zone—EEZ—in 2013. This was a technical omission, probably due to an oversight at the time. We were alerted to the issue following correspondence between Defra and DAERA in the context of the Fisheries Bill. Given the references to the Northern Ireland zone in the Bill, DAERA wrote to Defra in February 2020, highlighting the legislative defect in the 2002 order.

The Exclusive Economic Zone Order 2013 designated the area of the United Kingdom’s exclusive economic zone. The 2013 order did not revoke the Fishery Limits Act 1976, which set out British fishery limits for the UK at the time. Instead, the Marine and Coastal Access Act 2009, under which the 2013 order was made, amended the 1976 Act to align the British fishery limits with those of the UK exclusive economic zone.

The Adjacent Waters Boundaries (Northern Ireland) Order 2002, which defines the limits of the territorial sea of the United Kingdom that are to be treated as adjacent to Northern Ireland—known as the Northern Ireland zone—was not amended when the UK Government legislated for its exclusive economic zone in 2013. As a result, the co-ordinates for the southern boundary of the Northern Ireland zone in the area outside Carlingford Lough are out of line and do not follow the UK EEZ boundary line.

The order before noble Lords is therefore required to realign the co-ordinates under the Northern Ireland zone with those under the UK EEZ. The area of water in question is outside the Northern Ireland zone boundary line, but inside the EEZ and approximately 35 square kilometres. It can therefore be described as a pocket of uncertain jurisdiction.

As I said, this legislative defect has created a management issue for the Department of Agriculture, Environment and Rural Affairs—DAERA—and the Government, as there is now an area of sea that lies inside the UK’s EEZ but outside the Northern Ireland zone and which cannot be managed by DAERA in relation to sea fishing. In addition, the area of sea that raises this issue straddles the border with Irish waters. This does not affect any other areas of UK waters. The rectification of this legislative defect prior to the end of the transition period will avoid management and enforcement issues for DAERA in relation to sea fishing.

As I set out at the beginning, this is a purely technical correction and we see no controversial issues arising. I hope the Committee will agree. Since we are not seeking to amend the UK EEZ itself there has been no requirement to negotiate any changes with Ireland. However, I can confirm that we have notified it of what we are doing. On that basis, I beg to move.

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[Viscount Younger of Leckie (Con)]

In this particularly short debate, I want to thank the noble Baroness, Lady Ritchie, and the noble Lord, Lord Murphy, for their general support for the order. I am perhaps not so surprised, because it is uncontroversial, as both of them will know.

I was pleased to listen carefully to the noble Baroness, Lady Ritchie, particularly because she was referring to her former constituency. She knows the area very well. I was grateful to her for a sort of tour d’horizon from her own personal input, particularly focusing on her long-standing local knowledge. She is right that this order will provide legal certainty.

Most of the noble Baroness’s questions focused on the important matter of consultation. She asked whether we had consulted the Irish Government. The amendment is to align the Northern Ireland zone. It does not require us to consult the Irish Government, but we will of course keep in touch with them on this issue.

On that same point, the noble Baroness asked whether the people of the Carlingford Lough area had been consulted. We do not have to consult them and have not done so, but we will notify the relevant bodies, including DAERA, about this order. I hope that that gives the noble Baroness some reassurance. I further reassure her that there is no impact on the voisinage agreement.

The noble Baroness is right to say that the order is pretty uncontentious. On fisheries, negotiations are of course ongoing, and we hope that a deal will be forthcoming. We have always made it clear that, having left the EU, we are, and should be treated as, a separate sovereign nation, including having full control of our fishing rights. I hope that that there will be a good solution to that.

I also reassure the noble Baroness that there is nothing in the order to blunt the tourism trade in Carlingford Lough. I gather that it is a very pretty area.

A number of questions were raised, particularly by the noble Baroness. I will check Hansard, but I hope that my response has covered all the points. I again thank the noble Lord and the noble Baroness for their support.

Motion agreed.