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Fishing Industry

Dáil Éireann Debate, Tuesday - 3 November 2020

Tuesday, 3 November 2020

Ceisteanna (38)

Holly Cairns

Ceist:

38. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the status of the actions he is taking as a result of the High Court ruling that overturned Policy Directive 1 of 2019; and if an external review of the consultation process which was found to be in breach of fair procedures will be conducted. [33597/20]

Amharc ar fhreagra

Freagraí ó Béal (2 píosaí cainte)

This issue has arisen due to a recent High Court ruling overturning a 2019 fishing directive that excluded trawling by vessels over 18 m from waters inside the 6 nautical miles zone. I want to ask the Minister the status of the actions he is taking as a result of the High Court ruling that overturned that policy directive and if an external review of the consultation process which was found to be in breach of fair procedures will be conducted.

This ruling was overturned on a technical issue. It has been depicted as a good thing for the entire fishing industry. However, that is not true. The reality is that the vast majority of people working in the sector regard this ruling being overturned as being worse than Brexit. This directive would have helped to replenish stocks for small-scale and sustainable fishing families, which is the kind of fishing we should all support. One of the reasons their voices have not been heard is because they do not have the same amount of representation, which is desperately needed. The National Inshore Fishermen’s Association, NIFA, and the National Inshore Fishermen’s Organisation, NIFO, have applied for producer organisation status. Can the Minister give us an update on the status in respect of becoming a producer organisation and whether it is possible to speed up the process?

I thank the Deputy. As she will be aware, in December 2018, following a public consultation process, the then Minister announced that vessels over 18 m would be excluded from trawling in inshore waters inside the 6 nautical miles zone and the baselines from 1 January 2020. A transition period of three years for vessels over 18 m targeting sprat was allowed to enable adjustment for these vessels as sprat fishing is concentrated inside the 6 nautical mile zone.

As the Deputy pointed out, that was subject to an appeal by two sprat fishermen. On 6 October, a judge in the Supreme Court held that the court's final order should be that, among other matters, a declaration that policy directive 1 of 2019 was made in breach of fair procedures and is void and of no legal effect. The breach of fair procedures referenced related to a failure in the obligation to consult with the applicants in accordance with, and to the extent required by, the consultation process, in particular by failing to consult with them once the preferred option had been identified.

I am currently considering, on an urgent basis, the implications of the judgment in consultation with our legal advisers. I want to also advise the Deputy that I am committed to the sustainability of fishing in Irish waters and the commitment in the programme for Government that inshore waters continue to be protected for smaller fishing vessels and pair trawling be prohibited inside the 6 mile limit.

Written Answers are published on the Oireachtas website.
The Dáil adjourned at 1.47 a.m. until 10 a.m. on Wednesday, 4 November 2020.
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