With Brexit fast approaching and the UK govt threatening a no-deal crash out the international boundary line between the European Union and the United Kingdom along the shoreline of Lough Foyle is taking on a whole new meaning for the people of Donegal and especially for those living in East Inishowen between Muff and Greencastle.
The long running saga of this past one hundred years, whereby the UK and Ireland governments have made claim and counterclaim to ownership of Lough Foyle will now have to be resolved so that the boundary line can be clearly determined.
To get some historical perspective as to where the line will probably be located we need to examine some pertinent details.
To get some historical perspective as to where the line will probably be located we need to examine some pertinent details.
There are three main players involved here.
The UK and Irish governments and additionally the Crown Estates who also claim to own the sea bed.
Crown Estate ... " The Crown Estate is a collection of lands and holdings in the territories of England, Wales and Northern Ireland within the United Kingdom belonging to the British monarch as a corporation."
In an email from Mr Gary Thompson, Coastal Manager for the Crown Estates dated the 21st Aug 2015 he quotes the following in response to a query from the CFCE group in Carnagarve, Moville, Co Donegal as to the ownership of the foreshore and sea bed of Lough Foyle.
Mr Thompson on behalf of the Crown Estate states ..... "The Crown owns the majority of the foreshore and sea bed of the River and Lough Foyle".
This is followed by a statement on the 2nd of November 2016 from Mr James Brokenshire, Secretary of State for Northern Ireland shortly after the UK govt announced they were leaving the EU and heading for Brexit. Asked specifically about Lough Foyle he added: "The UK Government's position remains that the whole of Lough Foyle is within the UK."
This in turn prompts an immediate response from the Dublin Govt: "Ireland has never accepted the UK's claim to the whole of Lough Foyle."
This claim and counterclaim has been played like a game of tennis by both sides for this past one hundred years.
The following are some of the historical facts that will come into play in deciding this issue of ownership of the foreshore and sea-bed of Lough Foyle.
They will decide the exact international border line between the EU and the UK.
The history books tell us that in 1169 the English invaded Ireland and subsequently ruled over this island and its people until Irish Independence in 1922. After the Irish/English Treaty was agreed and signed in 1922 the English retained the six counties of Northern Ireland and both Lough Foyle and Lough Carlingford. In 1662 Charles II (the then King of England) granted the waters, the fisheries and the sea-bed of Lough Foyle to The Irish Society by way of Royal Charter.
This was in part payment for the substantial role The Irish Society played in building the Walls of Derry between 1613 and 1619.
The Irish Society was a consortium of companies from the City of London set up in 1613 to colonise County Londonderry during the Plantation of Ulster.
Lough Foyle remained in the ownership of the Irish Society from 1662 until 1952 when it sold the Lough's fishery to the Irish Government and the Northern Ireland Fishery Board for the sum of one hundred thousand pounds.In the same year (1952) the Irish Society gave back ownership of the sea-bed of Lough Foyle to the monarchy (The Crown Estates).And it remains so until the present day.
Since 2007 both the Irish and English Governments have been attempting to negotiate a ' management agreement ' ( long term lease ) for aquaculture with the Crown Estates but without any success to date.
It seems quite clear from the available evidence that the Crown Estates call the shots as to what happens on the sea-bed of Lough Foyle at this time.
If the Irish government had a valid claim then the question must be asked why did they not pursue it over this past one hundred years,
The fundamental problem remains - you cannot exercise jurisdiction of someone else's property without their agreement.
Calls by various politicians to the Irish Government to 'sort out' the jurisdictional difficulties have resulted in the standard disingenuous reply: "it is a complicated process and negotiations are ongoing".
This often repeated mantra rings hollow after such a long time.
Any attempt to resolve the issue of where the dividing line lies without firstly taking into account the ownership claim to Lough Foyle by the Crown Estates is putting the cart before the horse and is doomed to failure.
Just shouting that you own something is not a credible claim unless you are prepared to put your money where your mouth is and make a viable challenge.
In the end it will come down to whether the Irish authorities accept the legal standing of the Royal Charter issued by the Crown in 1662.
If not they will have to make a legal challenge.
It must not be forgotten that the Irish Government voluntarily paid the Rt Hon the Irish Society half the cost of the Salmon fishery on Lough Foyle in 1952 (50,000 pounds) and thereby gave credence to the legality of the said mentioned charter.
It would make one wonder what was actually agreed to in the Treaty of 1922 when a country that gained its Independence and Republic status is still bound by a Royal Charter that is four hundred years old.
If the legality of the Charter is accepted then logically the UK claim to the ownership of the sea bed to the high water mark on the Donegal side of Lough Foyle will be vindicated.
What will be the consequences for the fishing and aquaculture industry for Donegal/European citizens should they attempt to cross the new International Brexit line between Muff and Greencastle.
What will the position of people in Inishowen should they feel the need of a paddle below the high water mark in the waters of Lough Foyle.
Soon both sides will have to show their hands.
It's time the truth was spoken.
➽ Enda Craig is spokesperson for Lough Foyle group, Community For A Clean Estuary.
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