States Assembly | Legality-of-the-introduction-of-a-12-mile-fishing-licence-scheme-by-the-Guernsey-authorities-

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1240/5(1920)

QUESTION TO BE ASKED OF THE ATTORNEY GENERAL ON TUESDAY, 22nd JULY 2003 BY THE DEPUTY OF ST. JOHN

Question

Would the Attorney General –

advise memberswhetherhe has beenasked to advise on the legality oftheGuernsey fishing vessel licensing schemebeing proposed by the Guernsey authorities to a 12 mile zone from their coastwhichcomes into effect on 1st October 2003? and
if so, and if the schemeisdeemedtobe legal, whethergrandfather rights be available to existing Jersey fishermen?

Answer

Yes. I have had discussionswithH.M.Procureur,my opposite number, in Guernsey at the request of the Economic DevelopmentCommittee.However, I am not qualified in Guernsey andclearlycannotadviseon matters of domestic Guernsey law.
The scheme will be inforce as of s1t October2003.H.M.Procureur has advised that it islegaland that presumably willremain the position unless it is successfully challenged in theGuernsey courts. Thescheme does not provide expressly for grandfatherrightsbut Guernsey is a signatory to the EuropeanConvention for the Protection of HumanRightsandit is possible that in the administration ofthescheme, the Guernsey Fisheries Authorities will in appropriate casesgrant such rightstoexisting Jersey fishermen.

Legality of the introduction of a 12 mile fishing licence scheme by the Guernsey authorities.