The High Court ordered an immediate injunction stopping implementation of the decision to open the Waterford estuary razor clam fishery while a judicial review is pending. The ruling did not finally decide whether the fishery’s classification or opening was lawful.
The case was brought by Irish Coastal Environment Group Coastwatch CLG against the Sea-Fisheries Protection Authority, the Minister for Agriculture, Food and the Marine, Ireland and the Attorney General. The South East Regional Inshore Fisheries Forum was named as a proposed notice party, but the court struck it out after being told it was not a legal entity.
The applicant challenges two apparent decisions: a 2018 decision classifying the area for razor clam fishing and a 2019 decision declaring the fishery open. It argues, among other things, that the process lacked an appropriate assessment under the Habitats Directive. The judgment’s account of the background was expressly presented as facts alleged by the applicant, not facts accepted by the respondents or the court.
The court said the 2018 decision was not included in the original statement of grounds. The applicant sought to add it, but appeared to be out of time. The judge said there was a strong argument for extending time if the decision had not been published and the applicant had not known, or had no reason to know, of it. The applicant was directed to seek an amendment, add a ground explaining the time extension request and provide an affidavit on the issue.
The judge found the case arguable and said he was minded to grant leave in principle, subject to approval of a properly amended statement of grounds and a final decision on the time extension. He directed the applicant to reorganise and clarify its grounds, including whether it intended to pursue specific arguments about publication, the status of the 2018 decision and definition of the fishery area.
In granting the injunction, the judge said the risk of environmental damage if fishing continued was the dominant factor in the balance of justice. He said the order should take effect immediately. It is to remain in place pending final determination of the action.
The court proposed adjourning the matter for one week to allow the draft amended grounds and affidavit to be prepared. The draft was not to be filed unless and until approved by the court. The judgment also provided for a further hearing on case management.