Charlie McConalogue (Donegal, Fianna Fail) | Oireachtas source

I thank the Senator for bringing this matter to the notice of the House and for ensuring it would be addressed. I welcome the opportunity to come to the House to respond to her and to outline the circumstances as they stand. Sprat, as she will be aware, is a short-lived species that occurs in shore and is an important prey fish for many marine species. It is vital to the ocean food chain, as well as an important source of income for inshore fishermen. The four main fishing grounds for sprat in Ireland are Donegal bay, the Shannon estuary, Kerry bays and Dunmore East. Available scientific information suggests that sprat in Ireland spawn from January to June, with fishing normally taking place from October to Christmas. Sprat is fished mainly for human consumption but the catch may also go into fishmeal. The data available indicate that the percentage of the landings that went into fishmeal was 40% in 2019 and 36% in 2020.

Sprat in Irish waters is not a species subject to fishing quotas or total allowable catches established under EU regulation. Scientifically, relatively little is known about the species. The International Council for Exploration of the Sea, ICES, considers sprat a data-limited stock, which means more detailed data are required to form a full understanding of the nature of the stock. The central objective of the Common Fisheries Policy is to ensure that fishing and aquaculture activities are environmentally sustainable long term through the conservation and sustainable exploration of marine biological resources and the management of fisheries and fleets exploiting such resources. In addition, Ireland is committed to the conservation of our marine ecosystems, including the seaboards and marine life around our coasts through the birds and habitats directive, among other instruments.

In December 2018, following a public consultation process in which more than 900 submissions were received, the then Minister announced that vessels of more than 18 m would be excluded from trawling in inshore waters inside the six nautical mile zone and baselines from 1 January 2020. A transition period of three years for vessels of more than 18 m targeting sprat was allowed in order to enable adjustment for these vessels, as the sprat fishery is concentrated within the six nautical mile zone. A policy directive was issued by the then Minister, Deputy Creed, to the independent licensing authority for sea-fishing boats under statute and was intended to give effect to the measures announced by the Minister at that time.As stated, this policy directive provided that vessels over 18 m will be excluded from trawling activity inside six nautical miles, including inside the baselines, from 1 January 2020. The policy directive directed the licensing authority to insert a condition to this effect into the licences of affected vessels.

Two applicant fishermen took a judicial review challenging the validity of the policy. On 6 October 2020, the judge held in summary that the court's final order should be, among other matters, a declaration that policy directive 1 of 2019 was made in breach of fair procedures and is void and-or of no legal effect. The breach of fair procedures as referenced above related to a failure with obligations to consult with the applicants in accordance with, and to the extent required by, the consultation process and in particular by failing to consult with them once a preferred option had been identified.

In the past week the High Court's ruling of judicial review proceedings which relate to policy directive 1 of 2019 has been appealed by the State to the Court of Appeal and a stay is being sought on the orders granted therein. As this matter is sub judice, I am not in a position to comment on the policy until the matter can be resolved before the courts.

I am committed to the sustainability of fishing in Irish waters and the commitment made in our programme for Government that inshore waters continue to be protected for smaller fishing vessels and pair trawling be prohibited inside the six-mile limit.