Marine accused of acting brazenly over fish farm licences issue

A LAWYER has accused the Department of the Marine of "acting in a brazen manner" over fish farm licences, despite its defeat in the Supreme Court last week.

The Supreme Court judgment found in favour of a Co Clare group which had objected to the licensing of a fish farm in Ballyvaughan Bay in 1989.

Commenting on the ruling, the Department said it accepted the judgment and believed it may apply only to this case, but was seeking legal advice. However, Mr Ger Hussey, counsel for the objectors, said the Department was wrong, if it interpreted the ruling as specific to Ballyvaughan.

"The Department of the Marine has been warned twice in the High Court and once in the Supreme Court on fish farm legislation. How many more times does it have to be told?" Mr Hussey told The Irish Times yesterday.

The Supreme Court ruling referred to a project approved by a former Minister for the Marine Mr Brendan Daly, in Ballyvaughan Bay shortly before the 1989 general election. The British backers of the project, Vestobrook Ltd, were granted permits under "old" legislation the 1933 Foreshore Act and 1959 Fisheries Consolidation Act rather than under the 1980 Fisheries Act, which would have provided grounds for appeal.

A High Court judgment in 1992 found in favour of objecting shellfish farmers, guesthouse owners, boat owners and environmentalists, and said the Minister ought to have made use of the 1980 legislation. In last week's Supreme Court ruling on the Minister's appeal, Mr Justice Blayney found the Minister was not empowered under the 1959 Act to license a sea based project.

Mr Mark Helmore, a Co Clare shellfish farmer representing the objectors, said this now placed a question mark over all such projects. The Department said most of the 100 sea, freshwater and land based farms were licensed under the 1980 Act.

"It is widely accepted that the current licensing system needs to be overhauled to address deficiencies and provide balance for all the interests involved," the Department said. The Government had recognised this and approved the drafting of new legislation.

A draft aquaculture licensing bill had been prepared by the Attorney General's office, and the Minister intended to have it enacted this year, the Department added.