Clashes at Sea

The Minister for Marine, Dr Woods, was anxious yesterday to convey the Government's disquiet over the clashes between Spanish…

The Minister for Marine, Dr Woods, was anxious yesterday to convey the Government's disquiet over the clashes between Spanish and Irish fishing vessels off the south-west coast of Cork. Dr Woods insisted yesterday that this State would not tolerate harassment and strong-arm tactics being used against its fishing boats.

The incidents, some 40 miles off Mizen Head, which involved two UK-registered Spanish vessels and up to four Irish vessels could have been even more serious. The skipper of one small Irish vessel recalled on RTE radio yesterday how his crew were intimidated and threatened by a steel ship twice its size. The 130-foot British-registered Spanish ship was apparently intent on ramming the Irish vessel; a collision was only narrowly averted when the Irish vessel moved speedily out of the way.

The incidents, more of which were reported yesterday, come only a year after the death of a west Cork skipper of the Exodus in a collision with a Spanish craft 20 miles south-west of Castletownbere. A Department of Marine inquiry into that incident is still with the Attorney General.

There are important similarities between this week's clashes and the incident involving the Exodus. In both cases the Irish vessels were involved in incidents with flagships - a flag of convenience vessel, registered in Britain to avail of the UK's fishing quota.

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Britain has sought unsuccessfully to prevent the use of this loophole in the European Court of Justice. The court, however, has ruled that British objections run counter to the spirit of the free market. Not surprisingly Spanish fishermen, have continued to exploit the loophole.

This is a remarkable state of affairs. EU fisheries ministers meet every year to set fish quotas for member States and each State is obliged to respect these quotas. Despite this, the Spanish fishermen - using every legal strategy available - can "quota-hop" and circumvent both the spirit and the letter of what is decided at the EU Council of Ministers.

In other respects, the circumstances surrounding the latest incidents differ from that involving the Exodus. Whereas the incident involving the Exodus took place within the 12-mile Irish limit - allowing the State to conduct a full investigation - the latest incidents took place outside territorial waters. This will make it difficult for the State's naval authorities to enforce the law and it might also present legal difficulties for any investigation by the Naval Service. There has been a plethora of similar incidents, some involving civil offences, outside the 12-mile limit. But the Naval Service is not empowered to act. Its influence is purely moral, as this State has failed to ratify international legislation on piracy. This inaction reflects the generally low priority given to fishing issues.

For his part, the Minister is undoubtedly well-intentioned in his protestations about the actions of the Spanish. But, like his predecessors, he might find that his practical policy options are very limited.