The High Court has granted West Cork fisherman Donal Healy's judicial review challenge to the withdrawal of a 2008 authorisation to fish for albacore tuna using a sea-netting method he had developed.
Mr Justice O'Neill held that the Minister for Agriculture, Fisheries and Food acted unlawfully by withdrawing the authorisation without following the procedure required by the Sea-Fisheries and Maritime Jurisdiction Act 2006.
Mr Healy had made repeated applications since 2003 to use a specially designed net for tuna fishing. Fisheries experts had expressed concerns that versions of the gear were very similar to prohibited drift-netting. His applications in 2003, 2005, 2006 and 2007 were refused on that basis or because the proposed gear was not regarded as a lawful fishing method.
On 22 May 2008 he applied again, describing the method as "sea netting". An authorisation was issued on 30 June for the period from 1 July to 31 October 2008. The Minister said this had happened through administrative error and withdrew it shortly afterwards.
The withdrawal letter stated that sea netting was not accepted as a legitimate fishing method and invited Mr Healy to choose an approved alternative. He was not first given the statutory 14-day opportunity to make representations against revocation.
The State argued that the authorisation was void from the outset because it had been issued mistakenly. The court rejected that position. Mr Justice O'Neill found there was at least a possible basis for the authorisation because Mr Healy had consistently proposed a novel fishing method and could reasonably have believed the Minister had finally permitted an experimental use.
The judge held that the statutory revocation procedure therefore had to be followed.
Although the authorisation had expired by the time of judgment, making a quashing order of little practical benefit to Mr Healy personally, the court granted relief. It said refusing relief in cases with such short authorisation periods could effectively place similar unlawful administrative actions beyond judicial review.