Dáil Éireann Debate, Tuesday - 20 October 2020
797. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the steps he is taking as a result of the High Court ruling that overturned Policy Directive 1 of 2019 which banned over 18 metre vessels fishing inside the six mile limit; and if he will make a statement on the matter. [31463/20]
View answerIn December 2018, following a public consultation process in which over 900 submissions were received, the then 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 Judicial Review was taken by two applicant fishermen challenging the validity of the Policy. An unapproved judgement was issued on 31 July 2020 and the key points to come out of that Judgement is that while the applicants did not succeed on four of the five grounds of challenge, the challenge was made against the entire Policy Directive and was successful.
The findings on the grounds of challenge were:
1. The Policy Directive 1 of 2019, which gave legal effect to the policy, was not ultra vires,
2. The Directive did not impinge the applicants constitutional rights.
3. Given the impact on the applicants there was a particular duty on the Minister to provide a fuller explanation and engage in further talks with the applicants. On this ground the applicants succeeded.
4. The policy directive was not disproportionate to what was to be achieved.
5. The Policy directive did not breach EU law.
On 6th October 2020, the Judge held in summary that the Court’s final order should be, inter alia, 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 am currently considering, on an urgent basis, the implications of the judgment in consultation with my Department officials and legal advisors.
