Exclusion fishing zone order quashed in the High Court

Both men  contended that the order breached their constitutional and human rights. Picture: iStock

An order creating a fishing exclusion zone around Ireland has been quashed in the High Court.

Two fishermen challenged Policy Directive 1 of 2009 made by the Minister of Agriculture on March 5, 2019, which excluded vessels bigger than 18m from fishing inside a six-mile limit off the coast.

He made the decision after a public consultation process in which over 900 submissions were received.

Tom Kennedy and Neil Minihane, who were given leave to apply for a judicial review into the directive in May 2019, contended the then Minister of Agriculture Michael Creed had exceeded his powers in making the directive.

The measure has, they contended, nothing to do with “protecting, conserving, or allowing the sustainable exploitation of living marine and aquatic species or the rational management of fisheries”.

Instead, they maintained the directive was “concerned with the redistribution of resources from larger to smaller vessels”.

They also contended that the directive was adopted in a manner not consistent with their constitutional rights to a fair hearing and they contended it was made “in breach of the principles of natural justice”.

Stakeholders

The minister had been asked to undertake a comprehensive examination and review of access to waters inside the 6nm zone and to engage further with affected stakeholders prior to making any decision on implementing any policy change.

However, the judge said, this was not done despite the fact that the Department of Agriculture had been made aware of vessels which would be “significantly compromised” by the imposition of the exclusion zone.

Both men also contended that the order breached their constitutional and human rights.

The judge was told the men have been fishing for over 30 years from their respective bases in the South West of Ireland.

Mr Kennedy operates from Dingle, Co Kerry, while Mr Minihane operates from Castletownbere, Co Cork.

During the course of the hearings, the Department of Agriculture acknowledged their contribution to society and that they were “hard-working, decent, and professional fishermen”.

Mr Justice Michael MacGrath said he was satisfied the directive “impacted on the interests of a defined and narrow class and number of fishermen”.

However, he also said: “I am satisfied the Policy Directive is one which is aimed at providing for measures to control and regulate the capacity, structure, equipment, use, and operation of sea fishing boats.” 

He said this was “not only for the rational management of fisheries but also for the protection, conservation, or permitting the sustainable exploitation of living marine aquatic species”.

"Urgent basis"

A judgment has been issued which ruled that Directive 1 of 2019 was “made in breach of fair procedures and is void and/or of no legal effect”.

A spokesperson for the Department of Agriculture said: “The Department is at present considering on an urgent basis the implications of the judgment in consultation with its legal advisors”.

Patrick Murphy, CEO of the Irish South and West Fish Producers Organisation, said: “The consultation process initiated before the six-mile exclusion zone was set up was, in our view, fundamentally flawed.

“And we told Michael Creed, the then Minister for Agriculture, at the time.

“In our submission to him, we pointed out that the scientific information behind the department’s reasons for the exclusion zone was deficient.

“We asked that individual studies be carried out on the activities of all fishing vessels which had traditionally fished in the waters inside of the six-mile limit and that were [then] proposed to be excluded from fishing in that zone.

“The reality is that only a small number of fishing vessels over 18m actually fish inside of the six-mile limit.

“We welcome this judgement.” 

He said that the organisation would be happy to engage with the department should officials want to “properly introduce measures that will not discriminate against fishermen on the basis of their size”.