Dáil Éireann Debate, Tuesday - 9 May 2023
482. Deputy Marian Harkin asked the Minister for Agriculture, Food and the Marine if he will provide a timeframe for implementation of the legislation banning 18 m vessels within the six-nautical-mile zone; and if he will make a statement on the matter. [21266/23]
View answerAs the Deputy may be aware, in December 2018, the Minister for Agriculture, Food and Marine 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 for vessels over 18 metres 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.
The decision to exclude vessels over 18 metres from trawling inside the six nautical miles has been the subject of extended legal proceedings following a Judicial Review to the High Court taken by two applicant fishermen challenging the validity of the Policy. This challenge was upheld by the Judge who 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 judgement 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. I am committed to the sustainability of fishing in Irish waters and the exclusion of vessels over 18 metres from trawling in the waters inside 6 nautical miles is in line with the commitment made in the Programme for Government.
