In November 2023, the then Minister for Agriculture, Food and the Marine made a policy decision to phase out the operation of Section 19A(4) of the Fisheries (Amendment) Act 1997 by the end of 2024, at the earliest.
Section 19A(4) of the Fisheries (Amendment) Act 1997, as amended, essentially permits operators who hold an aquaculture licence to continue operation under the existing terms and conditions of that licence pending a Ministerial determination on their renewal application. The decision to repeal Section 19A(4) from the statute books was taken as part of the closure of the EU Commission's infringement case against Ireland, referred to as the 'Birds Case'.
Finfish operators relying on Section 19A(4) were informed in writing of this decision and requested to provide all outstanding information to my Department by 9th February 2024. This was to allow time to determine those applications before Section 19A(4) is removed from the statute books.
My Department is considering the necessary legislative amendments required to give effect to the 2023 Ministerial decision and has drafted a Heads of Bill, with work ongoing on this at present. It is anticipated that a Memorandum for Government, seeking a decision to approve drafting of the Bill, will be submitted during Q1 of 2026.