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High Court refuses to declare that an arrangement whereby Northern Irish registered vessels fished for mussel seed in Irish waters was unconstitutional or unlawful, on grounds that there was no requirement for legislation to govern such an arrangement, and the courts were not entitled to supervise or interfere with the government in the exercise of its executive functions unless it was in clear disregard of its powers.
Mussel seed fishing - claim by owners of licensed sea fishing vessels - claim that fishing by Northern Irish vessels was damaging mussel seed fishing industry - mussel industry managed on "all-island" basis - whether Minister for Agriculture acting unlawfully in allowing such fishing - s. 10 of the Sea Fisheries and Maritime Jurisdiction Act 2006 - whether exchange of letters constituted an arrangement under 2006 Act - whether s 8 of 2006 Act was unconstitutional - London Fisheries Convention [1966] - S.I. 311/2006 - The Mussel Seed (Fishing) Regulations 2006 - Art 15, Constitution of Ireland - 1965 letter from Irish official to Northern Irish counterpart - "Voisinage arrangement" - whether such arrangement to be regulated by law - power of courts to supervise or interfere with government in its executive functions - no requirement for legislative framework - whether voisinage arrangement in place - reciprocity - permanent residence - vessels over 75 feet - habitual fishing requirement.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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