THE Irish and British governments have become embroiled in a Brexit dispute over the ownership of Lough Foyle.
Following partition in 1922, the British government claimed ownership of the lough between Derry and Donegal.
London’s claim was never accepted by the Irish government. However, ownership of the huge estuary never became a major issue.
The British government’s stance means it claims ownership of the east bank of Inishowen in Co Donegal to the high water mark.
This has implications for shore front developments and fisheries licences and also raises jurisdiction issues for gardaí over permission to go onto the shore below the high water mark.
Tensions over ownership appeared to be resolved when the cross-border Loughs Agency was established to oversee the management of Lough Foyle as well as Carlingford Lough.
Similar uncertainty exists over the ownership of Carlingford Lough, between Counties Down and Louth, with concerns raised in the past about the impact on attempts to develop off-shore wind farms.
The issue was raised in 2009 by former Fianna Fáil senator Cecilia Keaveney and debated in Seanad Éireann, although no solution was found.
It returned to political prominence this week following a parliamentary question to Secretary of State James Brokenshire about post-Brexit fishing rights.
In an unexpectedly blunt response, Mr Brokenshire said: “The government’s position remains that the whole of Lough Foyle is within the UK.”
In an equally direct response, the Irish Department of Foreign Affairs said: “Ireland has never accepted the UK’s claim to the whole of Lough Foyle.”
A spokesman confirmed that a number of meetings between the two governments about the issue had taken place since 2011.
But while Mr Brokenshire’s assertion was in response to a question about Brexit fishing rights, the Department of Foreign Affairs said it did not envisage Lough Foyle forming part of the negotiations around the UK’s departure from Europe.
Co Donegal Sinn Féin senator Padraig MacLochlainn accused Mr Brokenshire of being “arrogant and provocative”.
The issue was also raised by Sinn Féin MLA Oliver McMullan at a meeting of the Stormont agriculture, environment and rural affairs committee yesterday.
He called on the secretary of state to engage with Dublin over ownership, saying the dispute could have implications for safety and ecology.
"There are fears of unregulated fishing in the lough and the damage that could do to the environment, including the threats posed by invasive species," Mr McMullan said.