Lawyer says Minister has power to act over fishing vessel offences

A leading maritime lawyer has disputed the Minister for the Marine's claim that Ireland has no powers to act in relation to alleged clashes between fishing vessels. Dr Clive Symmons, research associate at Trinity College, Dublin, said there was already provision within domestic law to increase the powers of the Naval Service and Air Corps in relation to such incidents outside the 12-mile limit.

In the Dail this week, the Minister for the Marine and Natural Resources, Dr Woods, said his department was examining the question of the powers of intervention available to the Irish authorities in respect of incidents occurring outside Irish territorial waters, in conjunction with the Attorney General's office. "The need for legislation is being considered in that context," the Minister said, and if required would be dealt with as a priority.

Spain is among several EU member-states which has already updated its domestic law in relation to such powers under the UN Convention on the Law of the Sea, according to Dr Symmons, who is also a lecturer in maritime law at NUI Galway. Article 101 of the UN Convention defines such acts as "piracy". Ireland ratified the UN Law of the Sea Convention in 1996.

A separate convention also empowers the State to create new fishery-related offences, such as deliberate rammings and damage to gear at sea, without infringing EU fisheries policy, according to Dr Symmons.

This is provided for under the 1967 North Atlantic Convention on Fishery Operations, which Ireland has signed but not ratified, he said.

Earlier this week, the Minister said such incidents were the responsibility of the flag state - that is, any action by an offended party had to proceed initially through diplomatic channels. However, a spokesman for the Minister said that he had asked the Attorney General's office to "expedite" consultations in relation to updating the law.

The Minister was commenting following the sinking of an Irish trawler, the Oilean Cleire, after an encounter with a French trawler, the Rohellan, some 70 miles west of Loop Head at the weekend.

No lives were lost in the incident, which may have been accidental. However, the French authorities have agreed to co-operate in an official investigation by the Department of the Marine and Natural Resources, and gardai are also involved after a complaint by the Irish vessel's owner alleging that his craft was rammed.

A file on the incident has been sent to the Director of Public Prosecutions.

An order arresting the French vessel has been issued by the High Court and, in a separate court hearing, the skipper was fined £100 for catching undersized fish.

Following clashes between Irish and Spanish vessels off the south-west coast in March last year, the Minister, Dr Woods, said he intended to consult the Naval Service in relation to updating the law. The matter was referred to the Attorney-General's office, but since then the agencies responsible for fishery patrols have received no direction on extended powers.