Éamon Ó Cuív (Galway West, Fianna Fail)
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362. To ask the Minister for Agriculture, Food and the Marine the steps being taken to protect the inshore fishing sector due to the effect Covid-19 is having on them and also the recent court ruling on the six-mile limit; and if he will make a statement on the matter. [37628/20]

Charlie McConalogue (Donegal, Fianna Fail)
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Throughout the Covid-19 Pandemic, the Government has made available financial and other supports for employees and businesses negatively impacted by the Pandemic.  Both the Pandemic Unemployment Payment and Wage Subsidy Scheme have supported the incomes of employees and the self-employed in our seafood sector and I am aware that many availed of these Government payments in the first half of 2020.  Government has also made available low-cost loans to seafood businesses for working capital and other purposes.

My Department's €240 million European Maritime and Fisheries Fund Programme 2014-2020 is the principal source of public funding for the sustainable development of our fisheries, aquaculture and seafood processing sectors.  The Programme is delivered through a range of support schemes providing supports for capital investment, innovation, advisory services, marketing, training, stock conservation and protection of marine biodiversity.  These support schemes have continued throughout the Covid-19 Pandemic and take-up of grants has remained strong.  The Programme is now nearing its end, with funds already mostly committed through grant offers and I anticipate that the Programme will finish in 2021.  My Department is working to develop a new Seafood Development Programme for the 2021-27 period.

As part of the Coronavirus Response Investment Initiative Plus, the European Union amended the EMFF Regulation (508/2014) in 2020 to ensure that Member States’ EMFF Programmes could be best used to support their seafood sectors with the specific impacts of the Pandemic.  The additional measures available through these amendments will end on 31st December 2020.

For the fisheries sector, the amendments to the EMFF Regulation facilitated Member States that chose to implement either a fleet tie-up scheme or a storage aid market support scheme and only those two measures.  Over the course of March and April 2020, the previous Minister engaged in detailed discussions with representatives of the fisheries sector, including Producer Organisations, fisheries cooperatives, and the National Inshore Fisheries Forum.  It was clear from those meetings that there was a consensus among fishing representatives that they did not wish to see a storage aid scheme introduced, as they feared it would create a market overhang of stored product that may undermine market prices.  Instead, fishing representatives expressed a wish to see a temporary fleet tie-up scheme introduced to support the fixed costs of vessel owners who chose to tie-up during periods of market turbulence, with the Pandemic Unemployment Payment complementing such a scheme by supporting the incomes of crew while the vessels are tied up.  A Covid-19 Temporary Fleet Tie-up Scheme was implemented over three months June to August 2020.

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 1st 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 to give effect to these measures. The Policy Directive directed the Licensing Authority to insert a condition to this effect into the licences of affected vessels.

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

On 6th October 2020, the Judge held in summary that the High 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 Court’s ruling of Judicial Review proceedings which relate to the Policy Directive 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.