Holly Cairns (Cork South West, Social Democrats)
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1584. To ask the Minister for Agriculture, Food and the Marine the steps he is taking in response to a recent court of appeal ruling (details supplied); and if he will make a statement on the matter. [13689/23]

Charlie McConalogue (Donegal, Fianna Fail)
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As the Deputy is aware, 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. While the Court of Appeal issued an unapproved judgment on July 19^th, 2022 which was substantially in the State’s favour, it required further submissions from both parties.

As the Deputy may be aware, the Court of Appeal issued a final judgment on 10th March last, stating that the applicant fishers were successful on ‘the narrowest of grounds’.

I am currently consulting with legal advisors to consider the implications of the judgment and the possible next steps.