Courts / Donegal / Report

Lack of proper oyster farming controls an "environmental disaster", High Court told

Date
2019-05-15

Stage
Hearing Or Decision

Primary locality
Donegal

County
Donegal

Summary

The High Court heard a judicial review challenge brought by the Donegal-based Lough Swilly Wild Oyster Society Ltd (LSWOS) regarding aquaculture licences for Pacific oysters in Lough Swilly. LSWOS, representing native oyster fishermen, claims the licences granted to Alan O'Sullivan and the Lough Swilly Shellfish Growers Co-Operative Society Ltd lack proper controls, resulting in an "environmental disaster" where untended foreign oysters have eroded native fishing grounds. The applicants argue the Minister for Agriculture, Food and Marine's decision, upheld by the Aquaculture Licence Appeals Board, is flawed due to procedural unfairness, including the refusal of an oral hearing and reliance on outdated data contrary to the EU Habitats Directive. LSWOS seeks orders quashing the Minister's and Appeals Board's decisions, a declaration of breach of natural justice, damages, and a stay on the licences. The matter was made returnable to a date in July following permission to bring the challenge granted on an ex-parte basis by Mr Justice Seamus Noonan.