Catherine Connolly (Galway West, Independent)
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12. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 181 of 8 December 2022, the status of the programme for Government commitment to ensure that inshore waters are protected for smaller fishing vessels and that pair trawling will be prohibited within the 6-mile nautical limit; and if he will make a statement on the matter. [11811/23]

Catherine Connolly (Galway West, Independent)
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My question is specific. I am looking for the status of the programme for Government commitment to ensure that inshore waters are protected for smaller fishing vessels. I ask this in the context of a policy that was readied in 2018. It is now 2023. In those years since, there has been a significant increase in the number of sprat caught. We need a drastic reduction in the annual sprat catch and that is not happening. The opposite is happening.

Martin Heydon (Kildare South, Fine Gael)
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I thank the Deputy for raising this matter. The Department and I continue to work on the commitment set out in the programme for Government on the banning of pair trawling inside the 6-mile limit as a matter of priority.

In December 2018, following a public consultation process, the Minister for Agriculture, Food and the Marine announced that vessels over 18 metres would be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020. I am committed to the sustainability of fishing in Irish waters and the exclusion of vessels over 18 metres from trawling in the waters inside six nautical miles is in line with the commitment made in the programme for Government.

As set out in the reply by the Minister, Deputy McConalogue, to Parliamentary Question No. 181 of 8 December 2022, the decision to exclude vessels over 18 metres from trawling inside six nautical miles has been the subject of legal proceedings. The matter remains before the Court of Appeal and a final judgment is awaited.

While the Court of Appeal issued an unapproved judgment on 19 July 2022, which was substantially in the State’s favour, it requested further submissions from both parties. Accordingly, it should be noted for the avoidance of doubt that the unapproved judgment of 19 July 2022 does not constitute the final judgment of the Court of Appeal. The case is still before the courts. My Department and the other party have lodged submissions and the final judgment is awaited.

Prior to the issuing of the court’s ruling, I am not in a position to apply the original policy of December 2018. We will, of course, implement the judgment of the Court of Appeal to the required extent as soon as it issues. As this matter continues to be sub judice, we are not in a position to comment further until this matter can be resolved before the courts.

Catherine Connolly (Galway West, Independent)
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It might be sub judice, and I more than anyone appreciate that, but I am not prevented from commenting on this. This policy was brought forward in 2018 and 2019 for a very good reason, which was to have sustainable fishing, help local fishermen and reduce the unsustainable number of sprat that were being caught. Now, we have a good news story.

The Minister of State is admitting and has set out that the judgment by the Court of Appeal in July, which was more than eight months ago, was substantially in favour of the Government. Can someone tell me why there is continuous delay? Has the importance of this issue and the unsustainable continuation of the numbers of sprat being taken out of inshore waters not been pointed out to the courts? How come no case has been made? How come there was no stay? There was a stay for a little while and then it was taken.

The amount of sprat caught increased significantly between 2018, which was the year the Government was bringing in the policy, and 2019, right up to the present day. I do not have time to read out the figures. I will come back for my second round.

Martin Heydon (Kildare South, Fine Gael)
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I accept the passion the Deputy has for this topic. In answer to the specific question she put down, I am happy to state very clearly that it is still our intention to implement the programme for Government commitment in this regard. Obviously, I am not going to comment on the legal case before the courts or the length of time that matter is taking. I can give the Deputy the reassurance, however, that it is our intention to go ahead and implement that programme for Government decision pending the result of the court case being in the State's favour and, if it is not, we will obviously comply with whatever is the court's decision.

Catherine Connolly (Galway West, Independent)
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I would like to take the Minister of State's assurances on a personal basis, but I cannot in view of what has happened since 2018 and 2019. It has gone through the courts. The people who took the case lost the case. The Minister of State admitted that the judgment was substantially in favour of the Government. We have to have some outline of what is going to happen when the Government gets the final judgment. We must have some explanation for how there was no stay on the order for the period of time given the importance of this to the environment and sustainability and to local fishermen. What happened that there was a stay for a little and then the stay was lifted? It was open season for the big ships to go in and take the sprat in an unsustainable manner.

This has been set out by experts, not by me; I am only quoting what I have read. I am extremely worried at the constant delays. As I said, that judgment was given on 19 July in favour of the Government except in relation to a specific issue about Northern Ireland. I do not know how that could influence the Government's policy. Surely, the Government now has something ready to run again if the full and approved judgment were to be given tomorrow.

Martin Heydon (Kildare South, Fine Gael)
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The Deputy will understand that it is not possible for me to pre-empt the court decision. However, I will state very clearly that I take on board the concerns raised by the Deputy. Prior to the issuing of the court's ruling, however, we are not in a position to apply the original policy of December 2018 because it is before the courts. We look forward to the decision.

The Deputy expressed concern as to how the case has developed. We have a Court of Appeal for good reason; it is so that people can appeal decisions. We are in the hands of the courts on that one. We stand ready to act once the Court of Appeal makes its final decision, however.