Catherine Connolly (Galway West, Independent)
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186. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 54 of 9 December 2021, the status of the commitment to ensure that inshore waters continue to be protected for smaller fishing vessels and that pair trawling will be prohibited within the six-mile limit in line with the Programme for Government; and if he will make a statement on the matter. [6847/22]

Charlie McConalogue (Donegal, Fianna Fail)
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As I advised the Deputy in December 2021, in December 2018, the then Minister for Agriculture, Food and the Marine announced that vessels over 18 metres length overall will be excluded from trawling in inshore waters inside six nautical mile zone from 1st January 2020. A transition period of three years for vessels over 18 metres length overall targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone. Policy Directive 1 of 2019 was introduced in March 2019 to give effect to the changes.

A Judicial Review was taken by two applicant fishers challenging the validity of the Policy Directive. On 6th October 2020, the High Court judgment held that the Policy Directive was made in breach of fair procedures and is void and/or of no legal effect. As the Deputy is aware, I appealed the decision to the Court of Appeal and a full hearing took place on 22nd June 2021. Judgment on the case is reserved.

I also sought an extension on the stay on the order of the High Court, which was granted by the Court of Appeal on 19th March 2021, reinstating the Policy Directive, and which was extended by the Court of Appeal following the full hearing on 22nd June. On 23rd September 2021, the Court of Appeal refused the Minister’s application to continue the stay further. This refusal means that the decision of the High Court stands and the Policy Directive is no longer valid, meaning vessels over 18 metres in length overall have resumed trawling in the waters inside 6 nautical miles.

The Programme for Government commits to ensuring 'that inshore waters continue to be protected for smaller fishing vessels and recreational fishers and that pair trawling will be prohibited inside the six-mile limit.' I wish to assure the Deputy that I am fully supportive of this objective.

I am awaiting the decision of the Court of Appeal to inform next steps. As the matter is sub judice, I cannot comment further until the matter can be resolved before the Courts.