Pa Daly (Kerry, Sinn Fein)
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377. To ask the Minister for Agriculture, Food and the Marine if he will examine the recent High Court ruling which overturned a ban on fishing vessels greater than 18 m being allowed to fish within 6 miles of the coastline; and if he will make a statement on the matter. [35910/20]

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 Policy Directive was issued by the Minister to the independent Licensing Authority for Sea Fishing Boats under Statute and was intended to give effect to the measures announced by the then Minister. As stated above, this Policy Directive provided that vessels over 18m LOA (Length Overall) 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.

A Judicial Review was taken by two applicant fishermen challenging the validity of the Policy.

On 6^thOctober 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.

The High Courts 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 issub judice, I am not in a position to comment on the policy until the matter can be resolved before the Courts.