Holly Cairns (Cork South West, Social Democrats)
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47. To ask the Minister for Agriculture, Food and the Marine the actions he is taking to address the Programme For Government commitment to ensure 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. [11630/23]

Charlie McConalogue (Donegal, Fianna Fail)
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In December 2018, following a public consultation process, the Minister announced that vessels over 18 metres would 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 was allowed for vessels over 18 metres targeting sprat 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.

A Judicial Review to the High Court was taken by two applicant fishers challenging the validity of the Policy. On 6th October 2020, the High Court 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.

I appealed the decision of the High Court to the Court of Appeal. I also secured a stay on the order of the High Court until 23rd September 2021 when the Court of Appeal refused the application to further continue the stay. This refusal means that the decision of the High Court stands and the Policy Directive is no longer valid and vessels over 18 metres in length may trawl in the waters inside 6 nautical miles.

The case is still before the Court of Appeal and a final Judgement is awaited. While the Court of Appeal issued an unapproved judgment on July 19^th, 2022 which was substantially in the State’s favour, it requested further submissions from both parties which have been submitted.

Prior to the issuing of the court’s ruling I am not in a position to apply the terms of the Policy Directive. I will of course implement the judgment to the required extent as soon as it issues. 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.