Skellig Michael boat trips can resume, court rules
The High Court has given the go-ahead for boat trips to Skellig Michael to resume.
Mr Justice Garrett Simons granted an application by the Office of Public Works (OPW) to lift an automatic suspension on landing at the Unesco heritage site and former monastic island, which was also used as a film location for the Star Wars movies, The Force Awakens and The Last Jedi.
Advertisement
The order will allow the OPW to enter into a legally binding contract with each of 15 boat operators who were successful in the public competition for permits to land on the island off the Kerry coast. The landing season runs from mid-May to the end of September each year.
Those landing permits were automatically suspended when two unsuccessful bidders brought a High Court challenge to the decision. The OPW then had to apply to the court asking that the stay be lifted pending hearing of the substantive challenge.
The unsuccessful bidders, Atlantic Endeavour Ltd and SMBT Ltd, trading as Skellig Michael Boat Trips, disagreed with the OPW interpretation of the legal effect of the automatic suspension.
They contended that there are a number of mechanisms open whereby landing permits might legitimately be granted to the successful tenderers for the balance of the 2025 season, while preserving their own right to challenge the allocation of landing permits for the 2026 and subsequent seasons.
Advertisement
Mr Justice Simons heard the application to lift the suspension this week and on Thursday ordered that it be lifted.
He said the practical effect of this order is that it will now be legally permissible for the OPW to issue landing permits to the 15 successful tenderers for the balance of the 2025 season.
This will allow for the commencement of passenger landings at Skellig Michael, or Sceilg Mhichíl in Irish.
He said his judgment entails no finding whatsoever on whether the outcome of the tender process allows the OPW to confine the right to land passengers on Sceilg Mhichíl to the 15 successful tenderers for a five-year period.
Advertisement
The proper interpretation of the request for tender and associated documentation, and the legal consequences of the tender process, remain open for debate at the trial of the action, he said.
The judgment, he said "goes no further" than deciding that the execution of concession contracts does not result in the crystallisation of a contractual right on the part of the successful tenderers to exclusive landing rights for the 2026 and subsequent seasons.
He said the significance of this finding is that the unsuccessful tenderers are not relegated to a claim for certain damages in respect of the 2026 and subsequent seasons.
The only right which the OPW seeks to translate into a concluded contract, prior to the determination of the full High Court challenge, is confined to the 2025 landing season,he said.
He said he was listing the substantive action for the alleged breaches of the public procurement legislation in July.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
9 hours ago
- The Independent
Irish citizens evacuated from Israel after US strikes Iran nuclear facilities
Fifteen Irish citizens and dependants have been evacuated from Israel after the US launched an attack on Iran. Ireland's deputy premier Simon Harris said the group, evacuated with the help of the Austrian government, will arrive in Ireland in the coming days. It comes after US planes and submarines attacked Fordo, Isfahan and Natanz on Saturday night, which are linked to Iran's nuclear programme. Tehran has threatened to retaliate, while American leader Donald Trump has warned of further US action if necessary. Irish premier Micheal Martin and Mr Harris both called for an 'urgent' de-escalation and a negotiated solution on Iran's nuclear facilities. They said they are in close contact with their European counterparts ahead of a meeting of EU foreign leaders on Monday and of EU leaders on Thursday and Friday. Mr Harris, also Ireland's foreign affairs minister, said the US strikes on Iran was an 'extraordinarily dangerous escalation' of the 'tinderbox' conflict in the Middle East. He said he spoke on Sunday with Iran's deputy foreign minister Majid Takht-Ravanchi, 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.' Mr Martin said that diplomacy and dialogue is 'ultimately the only way to resolve these issues'. 'Iran should commit not to develop nuclear weapons and disavow its nuclear and uranium enrichment programme,' the Taoiseach said. 'Nuclear safety is an issue here, modern warfare is very destructive. It is civilians who ultimately suffer, and that is why we need an end to these wars and bring an end to conflict.' Mr Martin said the escalation on Sunday should not draw attention away from the humanitarian catastrophe in Gaza. 'We shouldn't lose sight of the catastrophe that is still unfolding in Gaza while the war between Iran and Israel continues,' he said. 'What is happening in Gaza is appalling and a breach of international humanitarian law, and again, innocent civilians and children are being starved there, and we need that to come to an end.' The Government is in contact with a smaller number of Irish 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. Mr Harris has urged Irish citizens in both Israel and Iran to remain vigilant, monitor developments and register with their nearest Irish embassy. Staff from Ireland's embassy in Tehran left the country on Friday, and updates are being provided on more than 300 Irish peacekeepers stationed in Lebanon. Mr Harris said there were no plans to withdraw Irish troops and that 'decisions are being made constantly' to ensure their safety. When asked whether he supported US President Donald Trump's strikes on Iran, Mr Harris told RTE Radio: '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 it was an 'extraordinarily dangerous time' and that it was a warning as to how easily things could change. 'Thank god we woke this morning to the International Atomic Energy Agency saying they haven't detected any increase in radiation,' he said. He said that it was 'sadly true' that international legal norms are not being adhered to, citing the Russian invasion of Ukraine, Israel's 'genocidal activity' in Palestine, and the Iran-Israel conflict. He said there was a diplomatic process in train and his understanding from readouts was 'there was a commitment from the Iranian side to further talks'. Ahead of a meeting of EU leaders this week, Mr Harris said Ireland and Europe are 'fully united in the clear view' that Iran should not be allowed to possess nuclear weapons. 'The way to address this was always through a negotiated solution. Any alternative to that is simply too dangerous for civilians, for the Middle East region and for global security. 'Together with my EU counterparts, we will in the coming hours and days discuss and review the latest developments and consider the next steps Europe can usefully play to support de-escalation.' Minister for Culture Patrick O'Donovan said people woke up on Sunday 'terrified, really, to be quite honest, about the prospect of what's unfolding'. He told RTE's The Week In Politics it is 'terrifying' for citizens in Iran and Israel. 'It does take great people to make leaps of faith in particular places in time to come forward, whether it was in relation to (Anwar el-Sadat) in Egypt, and later on in relation to Bill Clinton and what he did, we do now require people to actually get people around the table,' he said. 'Because, ultimately, as the Taoiseach said, this is terrifying – not only for the innocent communities that are living in both countries, but as well as that for the neighbouring countries in the Middle East, who we obviously all hope are not drawn into a much bigger conflict.'
The Independent
10 hours ago
- The Independent
Keir Starmer claims Kneecap Glastonbury performance ‘not appropriate'
Irish hip-hop trio Kneecap are scheduled to perform at Glastonbury next weekend, despite controversy surrounding one of its members. Band member Liam Óg Ó hAnnaidh has been charged under the Terrorism Act for allegedly displaying a Hezbollah flag at a London show last year. Prime Minister Keir Starmer stated he does not think Kneecap's performance at Glastonbury is appropriate due to the ongoing court case. Conservative party leader Kemi Badenoch called for the BBC not to broadcast Kneecap's performance, citing the charge and accusing the band of extremism. The band denies supporting Hamas or Hezbollah, calling the charge a distraction, and has publicly linked the issue to their support for Palestine.
BreakingNews.ie
11 hours ago
- BreakingNews.ie
Anti-racism and anti-immigration demonstrations held in Dublin city
An anti-racism rally and an anti-immigration demonstration were held in Dublin City on Sunday. O'Connell Bridge was closed for a time on Sunday afternoon as the gardaí erected extensive barriers to separate the two crowds. Advertisement The United Against Racism rally began at the Central Plaza on Dame Street, marching through the city to O'Connell Bridge at around 2pm. An anti-racism rally was held to counter the anti-immigration demo. Photo: Grainne Ni Aodha/PA. Several protesters carried signs saying: 'Blame the Government, not migrants'; and: 'Dublin stands against racism'. They also chanted: 'Say it loud, say it clear, refugees are welcome here.' The anti-immigration protest marched down O'Connell Street and turned left at O'Connell bridge before continuing along the quays. Participants from both sides shouted and gestured towards each other from across the empty space between the barriers created by gardai. Advertisement Officers formed a barrier between the demonstrations. Photo: Grainne Ni Aodha/PA. At one point, the anti-racism rally chanted at the anti-immigration group: 'You say protect women, that's a lie' and referenced a photo being carried by one person of MMA fighter Conor McGregor, who lost a civil trial where a Dublin woman accused him of raping her in a Dublin hotel. The anti-immigration group, which was the larger of the two, was thick with large tricolour flags. It chanted 'ole ole' and: 'Whose streets? Our streets'. Several people were seen wearing 'Make Ireland Great Again' green caps and holding US or 'Trump' flags, and some signs critical of RTE. Advertisement The two rallies chanted and gestured towards each other. Photo: Grainne Ni Aodha/PA. At one point, the famous rebel song 'Oro 'Se do bheatha 'bhaile' was played by the anti-racism rally over a speaker, and prompted some participants in the anti-immigration group to sing along and applaud at the end. There was an extensive Garda presence at the location where the two protest groups were due to cross paths. The Garda Mounted Support Unit, the Public Order Unit, and Garda members from outside the Dublin Metropolitan Region were in attendance. One Garda member was heard telling a member of the public he could not give directions as he was brought in from a region outside Dublin to police the protest. Advertisement
