Boatman challenges licence refusal for second vessel

A boatman who has operated on the lower lake at Killarney for the the past 40 years has gone to the High Court in a row over how many boats he can have in the water.

Aidan O’Callaghan, of St Margaret’s, Killarney, says he has operated on the lower lake from Ross Castle to the Gap of Dungloe for four decades and has historically had the permission of the licensing authority to operate two boats there but is now being told he may only operate one.

He is claiming before the High Court that there is no legal basis for that decision.

His counsel, David Sutton SC, yesterday secured leave from Mr Justice Seamus Noonan to bring a legal challenge in which it is alleged the legislation being cited as the basis for refusal of a licence for two commercial passenger boats does not apply.

Counsel said Mr O’Callaghan was currently a sole applicant but his case had “a lot of importance” for other boat operators.

In his action, Mr O’Callaghan says he operates from Ross Castle to the Gap of Dungloe and holds a licence under the Merchant Shipping Act 2006 from the Department of Transport. He says he operates one boat, the Margaret, but wants to operate a second boat.

He claims the lower lake is contained in the area governed by the Bourn Vincent Memorial Park Act 1932 and is nominally controlled by the minister for arts, heritage, and the Gaeltacht and the Commissioners of Public Works under that act.

The lake has in recent times been managed under purported licensing authority of the minister, he claims.

While he historically has had permission of the licensing authority to operate two boats, he claims a tender process of 2014 had led to his being told his tender was deficient and he may legally only operate one boat.

Mr O’Callaghan says he was told in August 2014 that he had a current permit to operate one boat based on a June 2014 letter from the office of the arts minister but that letter had in fact used the expression “permit operation to operate two boats” and also enclosed a permit extension to May 2015 in respect of two boats.

His solicitor sought confirmation that his permit is for two boats but in December he was informed that, on foot of powers under the State Property Act 1954, a licence was offered to operate one boat on the lakes. It was also stated that he does not have a licence for two boats and there was no legal basis on which he could operate two boats.

Mr Sutton indicated the essential case being made was that there was no power to issue a boating licence under the State Property Act 1954 and that his client is entitled to a licence for two boats under the Merchant Shipping Act.