The High Court has quashed two ministerial decisions that reduced mackerel fishing authorisations for the motor fishing vessel Atlantean, finding that the company had not been given a reasonable opportunity to understand the basis of allegations against it.
Atlantean Limited challenged decisions made by the Minister for Communications and Natural Resources after Scottish authorities reported alleged undeclared mackerel landings by Irish vessels. The Minister considered Atlantean responsible for some of those landings and applied a policy that vessels found responsible should bear the burden of quota reductions imposed on Ireland.
In October 2006, the Minister withdrew Atlantean’s authorisation to fish for mackerel in the autumn season. In January 2007, the Minister granted a reduced authorisation for the spring fishery and indicated that further deductions would be made from 2008 to 2012. Atlantean argued that the process leading to those decisions breached constitutional justice.
The court said Atlantean had received schedules listing alleged landing dates and quantities, but had not been told what evidence or information supported the Scottish authorities’ conclusions. The Minister had not sought the underlying basis for those reports, despite Atlantean asking for copies of the relevant reports and an opportunity to respond. The court held that the company could not reasonably answer allegations when it did not know how they had been formed.
The judgment did not decide whether Atlantean had made undeclared landings. It held that the Minister could pursue the allegations again, provided any renewed process complied with fair procedures and gave the company a reasonable opportunity to understand and answer the case.
The court rejected Atlantean’s argument that the January decision was invalid because it preceded the relevant Commission regulation, finding that the Minister could take account of the near certainty of a national quota reduction when managing allocations. It did not rule on whether the Commission’s quota-reduction measures were valid under EU law, saying that issue belonged before the EU courts. It also rejected the Minister’s arguments that delay or a technical omission in Atlantean’s affidavit evidence should prevent relief.
The court quashed the October 2006 and January 2007 decisions. It did not direct what the Minister should decide on reconsideration, and left any question of damages adjourned until the Minister had finally determined Atlantean’s quota entitlements.