File 39 - Patrick Cannon v Minister for Marine

138pp

Case and material in this file relate to applicant, Patrick Cannon, a fisherman of Killybegs, County Donegal, who had bought a trawler based on presumption he would be given licence and was then refused, due to delays and series of events which saw him purchasing a different vessel. The respondent as Minister for the Marine, has responsibility for licensing sea-fishing boats pursuant to the provisions of the Fisheries Acts, 1959 to 1983.

On 1st July, 1986 the respondent granted the applicant a licence for the MFV "Grampian Castle", a trawler of 150 feet length overall. On that date the applicant was in the course of purchasing the vessel, but he discovered cost of making boat sea-worthy would be substantially more than he had anticipated. He decided not to proceed with the purchase and in late 1986 he informed an official of the Department of Fisheries of that fact and that he proposed to seek another suitable vessel. The applicant was concerned that difficulties might arise regarding the granting of a sea-fishing boat licence for whatever alternative vessel he might wish to purchase and sought an assurance from the Department that a licence would be granted in respect of alternative vessel. Later in November, 1986 the applicant applied for a licence for MFV "Master Surveyor" but someone else purchased the vessel ahead of him. Nothing further happened until January, 1989 when the applicant wanted to purchase MFV "Bentley Queen" . The applicant contacted his local public representative, Mr. Pat "The Cope" Gallagher, who at that time was the Minister of State at the Department of the Marine, regarding obtaining a licence for that vessel. He was told, considering the time lapsed that he would need to apply for a new licence.... this was eventually refused as policy had changed.

Justice Barr's judgement, 01/01/1991: "Taking all of these factors into account, I am of opinion that the concession on behalf of the respondent contained in the letter of 6th November, 1986 had expired prior to January, 1989 when the applicant first became interested in the "Bentley Queen". Therefore, the respondent's decision to refuse the applicant a licence for that vessel was neither unfair or unjust ...It follows that the only relief to which the applicant may be entitled is damages arising out of the respondent's failure to decide on the application for a licence for the "Bentley Queen" within a reasonable time, i.e., not later than 31st August, 1989. I do not have evidence on which to determine whether the applicant has suffered any loss by reason of the respondent's delay and, if so, to assess that loss. These issues should go to plenary hearing."

While Cannon was partly successful in the High Court and obtained an order for his costs, it is unclear from the limited documents on file what the final outcome of this case was, but Mary Robinson (MR), Senior Counsel, had returned case files in December 1990 so that another Senior Counsel could be instructed, should Cannon wish to appeal, following MR's election and inauguration as President of Ireland.

Material in the file consists of correspondence between MR and Aidan Reynolds of Gallagher Shatter solicitors, 21/02/1990-28/12/1990 including correspondence from Brendan Cahill, Department of the Marine 18/05/1990 and correspondence relating to fees; case documents (legal) including draft Notice of Motion, draft Affidavit of Patrick Cannon and draft Statement, 16/02/1990, Brief for Counsel, 13/03/1990; Statement of Opposition, 20/04/1990; Affidavit of Brendan Cahill, 22/05/1990; handwritten case notes; background material relating to case including photocopies of Commission of European Communities decision, 23/11/1988, on the Multiannual Guidance Programme for the fishing fleet (1987-1991), photocopies of parliamentary questions 25/10/1989 and photocopy of letter from JF Doyle, Secretary General, Irish fishermen's Organisation to John Moloney, Secretary, Sea-Fishing Licencing Review Group, Department of the Marine, 16/11/1989.

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02/02/2023
05/11/2024