Minister failed to recognise absence of principles and policies in EU fisheries regulations

EU law – maritime law – power of the Minister to make specific regulations pursuant to the European Communities Acts 1972 to 2012 – plaintiffs’ claim could not be made if relevant parts of the regulations had been introduced by primary legislation – Sea Fisheries and Maritime Jurisdiction Act 2006 – Article 15.2.1° of the Constitution – Article 29.4.6° of the Constitution – Article 34.4 of the Constitution – Article 37.1 of the Constitution – Common Fisheries Policy – Council Regulation (EC) No. 1224/2009 – European Union (Common Fisheries Policy) (Point System) Regulations 2014 (S.I. No.3 of 2014) – “Domestic Points Regulations” – Sea Fisheries (Common Fisheries Policy Community Control System) Regulations 2011 (S.I. 490 of 2011) – Sea Fisheries Protection Authority – failing to correctly fill in the log book for the operations of the Tea Rose by under-recording its catch of hake, cod, haddock and pollock in contravention of Articles 5 and 6 of the 2011 Regulations – application of points to licence – Article 92(1) of the Control Regulation (2009) – whether the DPR went beyond the principles and policies of the relevant EU regulations – supremacy – Minister, in exercising his powers under the Act of 1972 to make the DPR, has failed to recognise the absence of principles and policies to introduce a novel way of determining serious infringements which cause penalty points to be imposed on licences.