JERSEY has secured victory in its long-running legal battle challenging legislation in the Royal Court which barred it from commercial fishing within Guernsey’s three- to 12-mile limit without a licence.
In a judgment read out in the Guernsey Royal Court yesterday, Lieut-Bailiff Patrick Talbot, QC, ruled that the Guernsey States had exceeded their power when passing in April last year the legislation which came into force on 1 October and which excluded most Jersey fishermen from fishing in Guernsey waters.
The decision has been described as ‘a compelling victory for Jersey and very good news’ by the chairman of the Jersey Fishermen’s Association, Deputy Mike Taylor.
In response to a legal challenge mounted by the association and by UK companies, Mr Talbot said that the States acted unlawfully in approving new fishing legislation in 2003.
He took about 75 minutes to read his judgment, after which he explained that, while the ordinance would remain in place, it no longer had any effect.
The responsibility for Guernsey’s fishing licensing régime rests with the Commerce and Employment Department.
The minister, Stuart Falla, said after the hearing that the board was disappointed that the court had not ruled in favour of the States.
Article posted on 30th June, 2004 - 12.00am
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