Holly Cairns (Cork South West, Social Democrats)
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797. To ask the Minister for Agriculture, Food and the Marine the steps he is taking as a result of the High Court ruling that overturned Policy Directive 1 of 2019 which banned over 18 metre vessels fishing inside the six mile limit; and if he will make a statement on the matter. [31463/20]

Charlie McConalogue (Donegal, Fianna Fail)
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In December 2018, following a public consultation process in which over 900 submissions were received, the then Minister for Agriculture, Food and Marine announced that vessels over 18m will be excluded from trawling in inshore waters inside the six nautical mile zone and the baselines from 1 January 2020.  A transition period of three years for vessels over 18m targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone.

A Judicial Review was taken by two applicant fishermen challenging the validity of the Policy. An unapproved judgement was issued on 31 July 2020 and the key points to come out of that Judgement is that while the applicants did not succeed on four of the five grounds of challenge, the challenge was made against the entire Policy Directive and was successful.

The findings on the grounds of challenge were: 

1. The Policy Directive 1 of 2019, which gave legal effect to the policy, was not ultra vires,

2. The Directive did not impinge the applicants constitutional rights.

3. Given the impact on the applicants there was a particular duty on the Minister to provide a fuller explanation and engage in further talks with the applicants. On this ground the applicants succeeded.

4. The policy directive was not disproportionate to what was to be achieved.

5. The Policy directive did not breach EU law. 

On 6^thOctober 2020, the Judge held in summary that the Court’s final order should be, inter alia, a declaration that Policy Directive 1 of 2019 was made in breach of fair procedures and is void and/or of no legal effect.

I am currently considering, on an urgent basis, the implications of the judgment in consultation with my Department officials and legal advisors.

Holly Cairns (Cork South West, Social Democrats)
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798. To ask the Minister for Agriculture, Food and the Marine if there are legislative or policy definitions for the minimum mesh size of netting relating to fishing sprat; if there are technical measures or restrictions on the nets that can be used in the context; and if he will make a statement on the matter. [31464/20]

Charlie McConalogue (Donegal, Fianna Fail)
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The minimum mesh size requirements for fishing for sprat and other fish stocks are set out in Regulation (EU) 2019/1241 of the European Parliament and of the Council on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, also known as the Technical Measures Regulation.  Technical measures are rules on how, where and when fishers may fish and also include gear, catch composition and ways to deal with accidental catches.  Annex VI of Regulation (EU) 2019/1241 sets out the technical measures for the North Western Waters area, which includes the waters around Ireland.

Annex VI of the Technical Measures Regulation provides that the baseline mesh size for directed fishing of small pelagic species, including sprat, is at least 16mm for towed gear and at least 50mm for static nets and driftnets.  In addition, the bycatch of cod, haddock and saithe may not exceed 20% of the total catch.

Regulation (EU) 2019/1241 simplified the rule structure for technical measures as it replaced a range of different regulations that had previously been in place.  In addition, the Technical Measures Regulation facilitates a regionalised approach.  The regulation sets out the minimum standards for a seabasin, such as the North Western Waters region, and Member States in that area, in consultation with stakeholders, may propose additional measures through a Joint Recommendation.  The Technical Measures Regulation is therefore one of the key elements contributing to the conservation and sustainability of fish stocks and ensuring the long-term sustainability of fishing in the waters around Ireland  and throughout EU waters.