Charlie McConalogue (Donegal, Fianna Fail)
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As you are aware, 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.

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 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 19th, 2022 which was substantially in the State’s favour, it required further submissions from both parties.

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.