Kennedy & Anor v The Minister for Agriculture, Food and The Marine (Approved) [2023] IECA 53 (10 March 2023)

Kennedy & Anor v The Minister for Agriculture, Food and The Marine (Approved) [2023] IECA 53 (10 March 2023)

The Policy Directive is invalid in its entirety due to the Minister's failure to comply with the mandatory consultation and notification requirements under Article 20 of Regulation 1380/2013 prior to its commencement; severance is not possible as it would disrupt the legislative scheme and create an incoherent regulatory outcome.

Citation
[2023] IECA 53
Parties
Applicant/respondent: Tom Kennedy; Applicant/respondent: Neil Minihane; Respondent/appellant: The Minister for Agriculture, Food and The Marine
Jurisdiction
Ireland
Judgment Date
10 March 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Policy Directive quashed; costs awarded as specified.
Legal Topics
Policy Directives, Severability, Consultation Requirements, Post Brexit Legal Effects, Costs Orders
Administrative Law EU Law Fisheries Law Policy Directives Severability Consultation Requirements Post Brexit Legal Effects Costs Orders

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Parties

Tom Kennedy

Applicant/respondent

Neil Minihane

Applicant/respondent

The Minister for Agriculture, Food and The Marine

Respondent/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Policy Directive 1 of 2019 is invalid due to non-compliance with Article 20 of Regulation 1380/2013
  2. 2 Whether the Policy Directive can be severed to apply only to Irish vessels and not Northern Irish vessels
  3. 3 Appropriate relief and costs following partial success

Ratio Decidendi

The Policy Directive is invalid in its entirety due to the Minister's failure to comply with the mandatory consultation and notification requirements under Article 20 of Regulation 1380/2013 prior to its commencement; severance is not possible as it would disrupt the legislative scheme and create an incoherent regulatory outcome.

Court Disposition

Policy Directive quashed; costs awarded as specified.

Orders

  • Order of certiorari quashing the Policy Directive 1 of 2019.
  • Applicant awarded full costs of the appeal.