Dáil Éireann Debate, Thursday - 25 May 2023
82. Deputy Holly Cairns asked the Minister for Agriculture, Food and the Marine the actions he is taking fulfil 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". [25025/23]
Amharc ar fhreagraAs the Deputy will 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.
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.
As the Deputy will be further be aware, however, the decision to exclude vessels over 18 metres from trawling inside the six nautical miles has been the subject of extended legal proceedings further to 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’ – a sequential omission to consult with the UK prior to the UK leaving the EU. While the Minister made the decision to implement the Policy Directive in March 2019, it was not due to commence until January 2020, and, after the Sea-Fisheries (Amendment) Act 2019 came into force later in April 2019. The Court found that the State should have then carried out a consultation with the UK via the Commission, under Article 20 of the Common Fisheries Policy, as Northern Ireland vessels were permitted to fish again in Irish waters inside six nautical miles.
A further hearing took place on 5th May last to finalise the matter where the Policy Directive has been quashed by an order of certiorari made by the Court of Appeal, meaning that Policy Directive 1 of 2019 is no longer in being. This order by the Court of Appeal was occasioned not by a breach of fair procedures or any prejudice to the applicants or other fishers, but by the sequential omission as outlined above.
I am consulting with legal advisors to consider the implications of the judgment and the order of certiorari and awaiting their final expert opinion to inform next steps on further progressing delivery of the Programme for Government commitment.
