An appeal has been lodged by the Scottish Government against the Court of Session's verdict in the judicial reviews case won by the SCFF

An appeal has been lodged by the Scottish Government against the Court of Session’s verdict in the judicial reviews case won by the SCFF

The Scottish government has lodged an appeal against a ruling requiring it to reconsider the way fisheries should be managed in the seas off Skye, reports the BBC.

Last month, the Scottish Creel Fishermen’s Federation (SCFF) won a judicial review case against the Marine Scotland’s refusal to grant a pilot scheme to ban trawling in the inshore nephrops fishery in the Inner Sound of Skye.

The SCFF wants a pilot project to be run which would see no trawling and dredging in the area.

The SCFF went to the Court of Session after the Scottish Government turned down the proposal where the case was heard by Lady Poole. Amongst her findings on the case, Lady Poole found that Marine Scotland has not acted in accordance with procedural fairness or with legitimate expectations on the proposal for the inshore fisheries pilot scheme. She also found that Marine Scotland also reached a decision that was irrational and, also failed to provide adequate reasons for its decision not to take forward key aspects of the New Proposal.

Follow The Fishing Daily

Brian J McMullin Solicitors

The Scottish Government has now appealed against Lady Poole’s judgement.

Robert Younger, of legal organisation Fish Legal, which won the case for the SCFF, said it appeared the Scottish government was “desperate” to avoid the pilot scheme.

The Scottish government said it was “very much focused” on supporting the fishing industry, adding that a lot had happened since the start of the case in May last year.

A spokeswoman told the BBC: “Given this is a live legal matter it would not be appropriate to comment further on the case.

“This case focused on the assessment of a proposal for the Inner Sound of Skye by some creel fishermen and is not related to wider inshore fisheries management matters. A lot has happened since the case was lodged in May 2020.

“The Scottish government has been very much focused on supporting the fishing industry through the impacts of Covid-19 and EU Exit.”

The spokeswoman said that in December 2020 the Scottish Government also published its Scotland’s Future Fisheries Management strategy setting policy initiatives for the next 10 years, including for inshore fisheries.


Scottish Government lodges appeal against SCFF Court of Session’s Verdict

by editor time to read: 6 min