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Amendment to Act did not require new commencement order
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Supreme Court dismisses appeal from grant of injunction in High Court restraining fishermen from entering into licenced shellfish area, on grounds that: a) the licences remained in force following their expiration, under amended legislation; b) that the amended legislation had come into force under the amending Act, and did not require a new commencement order under the original Act; c) that the defendants were not entitled to an extension of time to appeal; and d) that the new ground of appeal had not been argued or decided by the High Court.
O'Donnell J (nem diss): Statutory construction - grant of foreshore licence and aquaculture licence for cultivation of shellfish - expiration in 2004 - entitlement to continue operation following expiration, and pending decision on renewal - s.101(c) of the Sea Fisheries and Maritime Jurisdiction Act 2006 - s. 19A(4) in the Fisheries (Amendment) Act 1997 - entrance by defendants into areas covered by exclusive licences - interlocutory injunction granted - defence that state had failed to take steps to determine renewal of licences - whether amended 1997 Act was unconstitutional - permanent injunction granted by High Court and damages awarded - constitutional claims by defendants dismissed - subsequent claim that s 19A(4) of 1997 Act was not actually in force - application to speak to minutes of original order - procedural tangle - commencement order - whether new section in 1997 Act needed separate commencement order, or whether it commenced in accordance with amending Act - attempt to raise in the Supreme Court an issue that had not been argued or decided in the High Court - Article 25.4.1, Constitution of Ireland - Bill to become law and come into operation on day signed by President unless contrary intention appeared - s. 10(1)(b) of the Interpretation Act 1937 -
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