The Kerryman (South Kerry Edition)
Killarney solicitor acts in landmark mussel fishing case
A KILLARNEY solicitor representing a group of fishermen from the Republic of Ireland has helped secure a landmark ruling in the Supreme Court which now prevents fishermen from the six counties to fish for mussel seed in waters belonging to the State.
The Supreme Court this week delivered judgment that Northern Ireland registered vessels have no lawful entitlement to harvest mussel seed in the State’s territorial waters. The four mussel fishermen taking the case were represented by Killarney-based solicitor, Niamh White of O’Shea White & Co, Old Market Lane, Killarney.
The case was brought by Paul Barlow, Dunmore East, Co Waterford; Michael Crowley, Killinick, Co Wexford; Gerard Kelly, Greencastle, Co Donegal and Alex McCarthy, Kildimo, Co Limerick, and various companies, against Minister for Agriculture, Food and the Marine, the Registrar General of fishing boats and the Attorney General.
The six-judge court unanimously upheld arguments by the four mussel fishermen that mussel seed is a “natural resource” belonging to the State, the control and management of which, under Article 10 of the Constitution, must be provided for “by law”. “The practice of harvesting or fishing for mussel seed by Northern Ireland registered boats in the territorial waters of this State is not lawful as it constitutes the exploitation of a natural resource which must, by Article 10 of the Constitution, be provided for by a law enacted by the Oireachtas,” Mr Justice O’ Donnell said in the court’s unanimous judgement. “There is no such law at present”, he added.
The Supreme Court decision was a culmination of an 11 year process, with the matter being heard by the High Court before it reached the Supreme Court, on appeal by the fishermen, where a 63 page judgement overturned the High Court decision.
The four fishermen claimed that fishing by NI registered vessels in the Irish exclusive fishery zone, i.e in the waters up to 12 nautical miles from the baseline of the Irish coast, takes place without any lawful basis. They argued that this was in violation of Article 10 of the Constitution and the core of the case was a claim that Northern Ireland registered vessels cannot fish in Irish territorial waters unless there are laws to that effect. It was alleged there were no such laws and the Supreme Court upheld this argument.
The fishermen’s case raised a net issue of legality upon which the Supreme Court found they were entitled to succeed and the court accordingly held that fishing by Northern Ireland registered vessels for mussel seed within the territorial waters of the State is not permitted by law.
Ms White said that she was delighted: “I am thrilled for my clients who have shown great courage and tenacity in their determination to fight this all the way to the Supreme Court”.