Barlow & ors -v- Minister for Agriculture, Food and the Marine & ors [2016] IESC 62 (27 October 2016)

Barlow & ors -v- Minister for Agriculture, Food and the Marine & ors [2016] IESC 62 (27 October 2016)

The Supreme Court held that the current practice of fishing or harvesting of mussel seed by Northern Ireland registered boats in the territorial waters of Ireland is not lawful, as it constitutes the exploitation of a natural resource which, by Article 10 of the Constitution, must be provided for by a law enacted by the Oireachtas. There is no such law at present authorising this activity. The 1965 exchange of letters does not constitute law for this purpose, nor does it override the statutory prohibition. However, there is no constitutional objection to the Oireachtas enacting such a law.

Citation
[2016] IESC 62
Parties
Plaintiffs: Paul Barlow, Woodstown Bay Shellfish Ltd., Michael Crowley, Riverbank Mussels Ltd., Gerard Kelly, Fresco Seafoods Ltd., Tardrum Fisheries Ltd., Alex McCarthy, and Halcome Merchants (Ireland) Ltd., T/A Alex McCarthy Shellfish; Defendants: The Minister for Agriculture, Food and the Marine, The Registrar General of Fishing Boats, Ireland, and the Attorney General
Jurisdiction
Ireland
Judgment Date
27 October 2016
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court
Outcome
Appeal allowed
Legal Topics
Natural Resources, Territorial Waters, Voisinage Arrangements, Statutory Interpretation, Executive Power, International Agreements, Fisheries Regulation
Constitutional Law Administrative Law Fisheries Law International Law Natural Resources Territorial Waters Voisinage Arrangements Statutory Interpretation +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2
Sign in to unlock

Parties

Paul Barlow, Woodstown Bay Shellfish Ltd., Michael Crowley, Riverbank Mussels Ltd., Gerard Kelly, Fresco Seafoods Ltd., Tardrum Fisheries Ltd., Alex McCarthy, and Halcome Merchants (Ireland) Ltd., T/A Alex McCarthy Shellfish

Plaintiffs

The Minister for Agriculture, Food and the Marine, The Registrar General of Fishing Boats, Ireland, and the Attorney General

Defendants

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court

Legal Issues

  1. 1 Whether mussel seed is a natural resource under Article 10 of the Constitution
  2. 2 Whether the 1965 exchange of letters constitutes a lawful voisinage arrangement permitting Northern Ireland vessels to fish in Irish territorial waters
  3. 3 Whether such fishing is authorised by domestic legislation, specifically the Sea-Fisheries and Maritime Jurisdiction Act 2006

Ratio Decidendi

The Supreme Court held that the current practice of fishing or harvesting of mussel seed by Northern Ireland registered boats in the territorial waters of Ireland is not lawful, as it constitutes the exploitation of a natural resource which, by Article 10 of the Constitution, must be provided for by a law enacted by the Oireachtas. There is no such law at present authorising this activity. The 1965 exchange of letters does not constitute law for this purpose, nor does it override the statutory prohibition. However, there is no constitutional objection to the Oireachtas enacting such a law.

Court Disposition

Appeal allowed

Orders

  • Declaration that the current practice of fishing or harvesting of mussel seed by Northern Ireland registered boats in Irish territorial waters is not lawful in the absence of legislation enacted by the Oireachtas authorising such activity.