‘Livelihoods are at stake': High Court to decide this week on lifting of Skellig Michael boats suspension
A High Court judge has said he will decide this week whether or not to lift a suspension on boating permits needed to ferry people to and from Skellig Michael, saying 'people's livelihoods are at stake'.
The permits have not been issued while legal proceedings are before the courts in the form of a judicial review of the tendering process.
At the High Court on Tuesday, Mr Justice Garrett Simons said he was 'staggered' by the assertion by lawyers for the Office of Public Works (OPW) that it would need six months to prepare the case.
He ordered the case would be heard next month and would get 'top priority'.
READ MORE
The granting of permits to successful applicants is on hold pending a judicial review taken against the OPW by two companies who were unsuccessful in their applications to the government body for the 2025 season, which runs from May to the end of September.
The OPW had run a competition in late 2024 to award 15 boating permits for summer 2025 to serve the Co Kerry island, which was chosen as a film location for the
Star Wars
movies The Force Awakens and The Last Jedi.
The OPW has said that under Irish and EU law it was precluded from issuing permits for the 2025 summer season until legal proceedings were resolved.
Skellig Michael Boat Trips and Atlantic Endeavour Limited both dispute the process underpinning the granting of the licences, alleging it to be 'deficient' and 'without transparency'. They have been granted permission for the challenge.
David Dodd, for the plaintiffs, told Mr Justice Simons nobody wanted the boats not to visit the island.
He said permits could be granted by the court in an interim fashion and the issuing of a one-season permit was not a 'contract' as contended by the OPW.
Mr Dodd said he was resisting a suggested 'five-year framework' on the OPW's granting of the permits as part of a contract, but the plaintiffs also wanted to see the boats out.
He said the OPW in applying to the court to have the suspension lifted had referred to a 'contract' having to be in place for the boats to take to sea.
There should be no such 'contract' and permits issued were akin to planning permission or a gun permit being granted, neither or which, he said, were 'contracts' nor necessitated frameworks.
A permit is a statutory one without an offer or an acceptance as found in a contract, he said. Whether or not this granting amounted to a 'contract' was a matter for the full hearing of the main case, Mr Dodd said.
'We are happy, however, for the suspension to be lifted,' he said.
Mr Justice Simons asked Andrew Beck SC, for the OPW, how it was looking for six months to prepare for this 'most straightforward case of competition for licences'.
Mr Beck said there was discovery of documents needed, amendments to make and a possible issue around cross-examination.
The judge said he was 'staggered' the case would take up to six months to get on.
Mr Justice Simons said he would rule on Thursday whether or not he would lift the suspension of the permits. He adjourned the main hearing to July 21st.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Irish Times
5 hours ago
- Irish Times
Privatisation of AIB
Sir, – The privatisation of AIB has been greeted in many quarters as a celebration. In fact, it should be regarded as history repeating itself as a potential tragedy. It is welcome AIB management admits its 'profound regrets the bank had to be rescued by the State' and admits that 'it owes a great debt of gratitude to the taxpayer' for the vast support given to the then largest indigenous private sector firm in Ireland. Diarmaid Ferriter reminds us that 'The Irish banking management culture was reprehensible in relation to customer charges, interest rates, facilitation of tax evasion and calamitous risk taking.' (' How can we stop corporate gombeen men running amok again? Credit unions could be the answer ,' June 20th). Banking is similar to a utility like water, the roads, electricity and gas lines. Banking is too important to hand back a dominant company to a small group of self-interested, self-supporting private individuals. READ MORE SMEs and individuals will suffer. History will repeat itself. – Yours, etc, PAUL SWEENEY, Milltown, Dublin 6.
The Journal
7 hours ago
- The Journal
How does Ireland's prison overcrowding crisis compare to other European countries?
EUROPE'S PRISON POPULATION is increasing, with many countries around the continent, including Ireland, experience dangerous levels of overcrowding. According to analysis of the latest data from Eurostat, Europe's central statistics database, there was a 3.2% increase in the continent's prison population in 2023. That year, 13 countries in Europe were experiencing overcrowding. Very high levels of incarcerations were also recorded between 1993 and 2023. In Ireland, where prison capacity on Friday was recorded at a level of 117% , the issue with overcrowding has been deemed a crisis by legal experts, staff unions and senior sources within the Irish penal system. An increase in the number of judges , changes to legislation and sentencing guidelines, as well as underinvestment into the prison estate in the country have been contributing factors to the crisis. The Eurostat data shows, however, that this trend has been occurring across EU member states over a 30-year period. At its peak in 2012, prisons in Europe were accommodating 533,000 people. Government has initiated an expansion plan for the construction of 1,500 new places – but industry associations like the Irish Prison Officers Association believe that 'building out' of the problem is not the solution. Speaking at an event in May, President of the association Tony Power said that investments must be made into the existing system to provide more spaces. Staff should not be 'expected' to work in overcrowded conditions, he added. Mattresses on the floor in Europe Justice Minister Jim O'Callaghan has pledged to find ways to accelerate the delivery of more prison spaces . Advertisement A senior source at the service previously told The Journal that building more spaces, given the timescale involved in capital projects, is not seen as an option. This has led to an increase in the number of people sleeping on the floor in Irish facilities , something the Irish Penal Reform Trust deeply condemns. These figures are so high that the service started recording them in official daily statistics this year. On Friday, 404 people were sleeping on mattresses the ground in Irish prisons. French prison population levels reached record highs in March as a total of 82,152 people – roughly the same size of a full house at Croke Park – were in custody in French prisons that month. The official capacity is 62,539. More than 4,500 people were sleeping on the floor at French facilities – 15 of which are at 200% capacity. Deportations and releases France's Justice Minister Gérald Darmanin has called for the deportation of foreign prisoners so that they can serve their sentences in their home nations. In Ireland, however, the Irish Penal Reform Trust has called for imprisonment to be regarded as a 'last resort' and for alternative measures , such as community service or supervised temporary release, to be encouraged. The Irish Prison Service has increased the population of prisoners on temporary release , which sees the supervised release of low-level, non-violent offenders serving sentences outside of prison under strict conditions. The State has been criticised for allowing the temporary release scheme as a pressure valve to overcrowding, but sources in the prison management say the programme is the only way it can maintain safe population levels at facilities in the country. In Austria, experts say prison sentences are still too common and, often, people are committed for minor offences. Facilities in the country are at 108% capacity, as of May. Access to rehabilitative care In Spain, the country has adopted a more rehabilitative approach. It allows prisoners a gradual transition to more open regimes, based on their behaviour and risk of re-offending. Similar programmes are available in Ireland . Data from Spain shows that 80% of people released from prison do not return to crime. Related Reads Court escorts for prisoners at risk due to overcrowding, Irish prisons boss warns Fears within prison service that prison overcrowding increasing risk of violence and rioting New ankle monitors could be an alternative to being held on remand, Irish prisons boss says Overcrowding is reducing the population's access to services in Ireland . Sources have said that offenders placed on supervised release or short sentences are, sometimes, not provided with any rehabilitative care. The head of the Irish Prison Service told reporters last month that up to 2,000 prisoners are currently on waiting lists to access psychology support services. Director General Caron McCaffrey said there are also smaller waiting lists for other services, such as addiction therapy, education and training programmes. She said a 'whole of government approach' is needed to boost services such as education, training and therapy in prisons. Responding to questions by The Journal in May, she admitted that people are sometimes released before receiving care. High levels of overcrowding at prisons in Austria is leading to similar issues to what is seen in Ireland, where prisoners outnumber support staff. The European Court of Auditors recently criticised Vienna's lack of investment. Changes are being led from prison management, however, to boost rehabilitation resources in Irish prisons. Existing staff are being upskilled and trained on methods to provide and assist in the care of prisoners with mental health issues. Additionally, a peer-led, pilot programme has been launched in Dublin's Mountjoy Prison which trains and educates prisoners on providing addiction care to others. — This article is part of PULSE, a European collaborative journalism project. With reporting by Maria Delaney (The Journal Investigates, Ireland), Davide Madeddu (Il Sole 24 Ore, Italy), Kim Son Hoang (Der Standard, Austria) and Ana Somavilla (El Confidencial, Spain) as well as translation services by Ciarán Lawless (Voxeurop). Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
The Journal
7 hours ago
- The Journal
Tánaiste says efforts are being made to evacuate 15 Irish citizens from Israel
EFFORTS ARE UNDERWAY to evacuate 15 Irish citizens from Israel as the conflict between the country and its neighbour and longtime foe Iran has soured further. Last night, it was announced by US President Donald Trump that t he US had bombed three nuclear enrichment sites in Iran after Israel had earlier launched attacks on Iran over a week ago. There has been discussion in recent days regarding the potential evacuation of Irish passport holders who are residing in either country. Today, Harris said that his Foreign Affairs Department is also working with a smaller number of citizens in Iran who had requested an evacuation. Around 29 Irish citizens in Iran had registered with the Irish embassy and around 200 in Israel. The government remains in contact with embassies in Israel and Iran. Staff in Tehran left the country on Friday and have since been working remotely. Speaking to RTÉ Radio One this afternoon, Harris confirmed that a civil protection operation with EU member states is taking place in order to extract European citizens from the region. He said while it is an ongoing operation, with further and more significant updates pending, only a small number of Irish citizens are seeking assistance from the joint mission currently. Advertisement Harris said he spoke to Iran's deputy foreign minister today, at their request, who was 'full of anger'. 'He did say to me that it was the view of Iran that the aggressors would have to learn lessons and pay a price,' he told reporters at Government Buildings. 'Of course I articulated in the strongest possible terms that Ireland and the European Union doesn't want to see that, we want to see people step back from the brink and engage in dialogue.' Harris said the US strikes on Iran had made a 'volatile situation even more dangerous' and added an 'extra layer of complexity' to what was already a 'tinderbox'. When asked whether he supported Trump's strikes on Iran, Harris said: 'I think it's resulted in an extraordinarily dangerous escalation of a conflict that already best be described as a tinderbox. 'We're now entering a moment of particular danger, because I think the chances now of a spiral of escalation are more likely than ever before, and there is a real prospect now of the international community losing all control of this very, very volatile conflict.' He said there was only a 'very small' number of Irish citizens, many dual nationals, seeking an evacuation, and they were working with European counterparts. A significant update on this would be available in the hours ahead, he said. With reporting by Press Association Readers like you are keeping these stories free for everyone... A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation. Learn More Support The Journal
