Written answers

Tuesday, 6 July 2021

Department of Agriculture, Food and the Marine

Fishing Industry

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
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586. To ask the Minister for Agriculture, Food and the Marine the status of fishing restrictions (details supplied); and if he will make a statement on the matter. [36117/21]

Photo of Charlie McConalogueCharlie 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 18 metres 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 fishers 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. A stay on the order was refused by the High Court on 10thDecember last.

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. The Court of Appeal reinstated the Ministerial Policy Directive on 19th March last, when the Court was persuaded that the balance of justice leaned in favour of the State and granted a stay on the order of the High Court up until the hearing of the substantive appeal on 22ndJune.

Following a full hearing by the Court of Appeal on 22nd June, the Court has decided to temporarily extend the Policy Directive excluding large vessels from trawling in inshore waters within six miles of the coast, save for a restricted sprat fishery. This decision applies until at least 4th October (the first day of the Court of Appeal’s Michaelmas term) and/or until a determination in relation to the stay is delivered by the Court of Appeal.

The substantive hearing before the Court of Appeal was completed on 22ndJune and judgement is reserved.

As this matter is sub judice, I am not in a position to comment until the matter can be resolved before the Courts.

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