Dáil Éireann Debate, Wednesday - 19 January 2022
2028. Deputy Holly Cairns asked 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. [2560/22]
View answerAs you are aware, in December 2018, the then Minister for Agriculture, Food and the Marine announced that vessels over 18 metres length overall will be excluded from trawling in inshore waters inside six nautical mile zone from 1st January 2020. A transition period of three years for vessels over 18 metres length overall targeting sprat was allowed to enable adjustment for these vessels, as the sprat fishery is concentrated inside the six nautical mile zone. Policy Directive 1 of 2019 was introduced in March 2019 to give effect to the changes.
A Judicial Review was taken by two applicant fishers challenging the validity of the Policy Directive. On 6th October 2020, the High Court judgment held that the Policy Directive was made in breach of fair procedures and is void and/or of no legal effect. I appealed the decision to the Court of Appeal and a full hearing took place on 22nd June last. Judgment on the case is reserved.
I also sought an extension on the stay on the order of the High Court, which was granted by the Court of Appeal on 19th March last, reinstating the Policy Directive, and which was extended by the Court of Appeal following the full hearing by on 22nd June. On 23rd September last, the Court of Appeal refused my application to continue the stay further. This refusal means that the decision of the High Court stands and the Policy Directive is no longer valid, meaning vessels over 18 metres in length overall have resumed trawling in the waters inside 6 nautical miles.
The Programme for Government commits to ensuring '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.' I am fully supportive of this objective.
As the Deputy will also be aware, I am awaiting the decision of the Court of Appeal to inform next steps. As the matter is sub judice, I cannot comment further until the matter can be resolved before the Courts.
