Written answers

Wednesday, 18 January 2023

Department of Agriculture, Food and the Marine

Fishing Industry

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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1759. To ask the Minister for Agriculture, Food and the Marine his views on a matter (details supplied); and if he will make a statement on the matter. [63342/22]

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 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 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 a second time once a preferred option had been identified. A stay on the order was refused by the High Court on 10th December 2020.

I appealed the decision of the High Court to the Court of Appeal, also seeking a stay on the order of the High Court. The Court of Appeal reinstated the Ministerial Policy Directive on 19th March 2021, 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 in June. Following a full hearing by the Court of Appeal on 22nd June 2021, the Court decided to temporarily extend the Policy Directive excluding large vessels from trawling in inshore waters within 6 miles of the coast, save for a restricted sprat fishery.

On September 23rd, 2021, the Court of Appeal refused the application I had made to further continue the stay. 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. These vessels also no longer require an authorisation to fish for sprat inside 6 nautical miles.

The Court of Appeal issued an unapproved judgment on 19th July last and requested further submissions from both parties. These have been provided to the Court on my behalf.The unapproved judgment refers to the Court of Appeal record number 2020/232, issued on July 19th and can be found on Courts.ie

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

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