Fisherman to continue hunger strike

Just over a month after claims that Ireland was imposing a “hard border” with Britain at sea, the Government’s legislation underpinning “reciprocal” inshore fishing rights between the North and the Republic will be debated in the Dáil tomorrow.

However, one of the four fishermen whose successful legal action led to the suspension of the ‘voisinage ‘ agreement between the North and the Republic intends to continue a hunger strike he started yesterday in protest over the Sea Fisheries (Amendment) Bill.

Mussel fisherman Gerard Kelly, 57, a father of five from Greencastle, Co Donegal, said he had no objection to Northern vessels fishing in Irish waters, once there is equality and reciprocity.

However, Mr Kelly maintained that inshore stocks could suffer severely if there is no adequate cross-border management regime for fishing within the six nautical-mile territorial limit.

Mr Kelly also said it was not clear if Britain would offer reciprocal access to the North’s inshore waters after it leaves the EU.

“Minister for Marine Michael Creed is rushing this legislation through, when he should wait at least until we know where Britain stands,” Mr Kelly said.

The “hard border at sea” accusations were levelled at the Republic by the Democratic Unionist Party after two Northern Irish fishing vessels were detained by the Republic’s Naval Service for alleged illegal fishing within the six-mile nautical limit in Dundalk Bay.

The two Kilkeel vessels pleaded guilty and were released without conviction.

Gerard Kelly says he has no objection to Northern vessels fishing in Irish waters once there is equality.

However, the detentions gave renewed impetus to Government efforts to legislate for “voisinage”.

The informal “voisinage” agreement had been in place between the two jurisdictions over the past half century until its suspension by a Supreme Court decision in 2016.

The Supreme Court action pursued by Mr Kelly, along with Paul Barlow of Dunmore East, Co Waterford, Michael Crowley of Co Wexford and Alex McCarthy from Co Limerick, had found that Northern-registered vessels had been unlawfully allowed to harvest mussel seed in Irish territorial waters. They contended available mussel seed had dropped from 30,000 to 2,400 tonnes in 2012.

A subsequent High Court action undertaken by the four fishermen seeking compensation from the Irish State was rejected last week on legal grounds. However, the judgment noted the men had not been “well served by the State”.

Last week’s High Court ruling quoted evidence from a shellfish expert to the effect that the mussel seed fishery was “sustainable” with some good practices, including fishing seed later in the season to reduce mortality, until 2003/2004.

These “good practices” could no longer exist, the expert noted, after Northern vessels had entered the fishery.

The Irish Fish Producers’ Organisation (IFPO) says it has legal advice that all EU states who are parties to the London Fisheries Convention could claim access to fish inside Ireland’s territorial limit if the legislation is passed.

It has said there needs to be far more debate on the implications of the legislation, and Mr Creed should wait until after July when Britain leaves the convention.