Cannon v Minister for the Marine

• Jurisdiction: Ireland
• Judge: Mr. Justice Barr
• Judgment Date: 01 January 1991
• Neutral Citation: 1990 WJSC-HC 2534
• Docket Number: 1990 - 51 J.R.,[1990 No. 51 J.R.]
• Court: High Court
• Date: 01 January 1991

1990 WJSC-HC 2534

THE HIGH COURT

1990 - 51 J.R.

CANNON v. MIN MARINE

(JUDICIAL REVIEW)

BETWEEN:

PATRICK CANNON

APPLICANT

AND

THE MINISTER FOR THE MARINE

RESPONDENT

Citations:

FISHERIES (CONSOLIDATION) ACT 1959 S22(b)

FISHERIES (AMDT) ACT 1962

FISHERIES (AMDT) ACT 1964

FISHERIES (AMDT) ACT 1974

FISHERIES (AMDT) ACT 1976

FISHERIES (AMDT) ACT 1978

FISHERIES ACT 1980

FISHERIES (AMDT) ACT 1983

WEBB V IRELAND & ORS 1988 ILRM 565

AMALGAMATED INVESTMENT & PROPERTY CO LTD V TEXAS COMMERCE INTERNATIONAL BANK LTD 1982 QB 84

Synopsis:

ACTION

Cause

Licence - Issue - Refusal - Benefit - Legitimate expectation - Absence - Promissory estoppel - Refusal of Minister to issue licence for sea-fishing boat - (1990/51 JR - Barr J. - 2/10/90)

|Cannon v. Minister for the Marine|

EVIDENCE

Estoppel

Promissory estoppel - Civil servant - Letter - Representation - Licence - Issue - Licence not granted - Gratuitous bureaucratic humanity - Cause of action not established - (1990/51 JR - Barr J. - 2/10/90) - [1991] 1 I.R. 82 - [1991] ILRM 261

|Cannon v. Minister for the Marine|

1 Judgment of Mr. Justice Barr delivered the 2nd day of October, 1990.

2 The facts of this case are not in dispute and are as follows:-

3 The applicant is a fisherman of Killybegs, County Donegal. The respondent as Minister for the Marine, has responsibility for licensing sea-fishing boats pursuant to the provisions of the Fisheries Acts, 1959to 1983. On 1st July, 1986 the respondent granted the applicant a licence for the MFV "Grampian Castle", a trawler of 150 feet length overall. On that date the applicant was in the course of purchasing the vessel, but prior to the completion of the transaction he discovered that the cost of making her sea-worthy would be substantially more than he had anticipated. For that reason he decided not to proceed with the purchase and in or about early November, 1986 he informed an official of the Department of Fisheries of that fact and that he proposed to seek another suitable vessel. The applicant was concerned that difficulties might arise regarding the granting of a sea-fishing boat licence for whatever alternative vessel he might wish to purchase and he sought an assurance from the Department of Tourism, Fisheries and Forestry (as it then was) that a licence would be granted in respect of such alternative vessel as he might purchase. This request was duly considered and the response of the Minister is set out in a letter to the applicant from Mr. John P. Moloney, an official of the Department, dated 6th November, 1986. The relevant part of the letter is as follows:-

"I refer to our conversation of Tuesday last on the subject of a sea-fishing boat licence."

4 As you had not purchased Grampian Castle, for which a licence was issued, the Minister is agreeable to granting you a licence in respect of a vessel of similar size and capacity to fish solely for white fish and non-quota specimens. The conditions will be similar to those operating on licence No. 67/86 which related to Grampian Castle and which is now terminated......."

5 An application form for a new licence was enclosed with the letter.

6 Later in November, 1986 the applicant applied to the respondent for a licence in respect of the MFV "Master Surveyor" which he was then in the process of purchasing. In or about January, 1987 the respondent sought additional material in relation to that application. However, before the applicant could proceed with the transaction someone else purchased the vessel. It is deposed by the applicant that he informed an unnamed person at the Department of Tourism, Fisheries and Forestry verbally of what had happened and intimated also that he would continue his search for a suitable alternative vessel. It appears that there is nothing in the records of the respondent regarding any such conversation and the "Master Surveyor" application remained in abeyance.

7 Nothing further happened until January, 1989 when the applicant became interested in purchasing the MFV "Bentley Queen" which is a trawler of 125 feet length overall. The applicant contacted his local public representative, Mr. Pat "The Cope" Gallagher, who at that time was the Minister of State at the Department of the Marine, regarding obtaining a licence for that vessel. Mr. Gallagher responded by letter dated 16th March, 1989 in the following terms:-

"I have now investigated the situation as regards the letter issued from my Department to you on 6th November, 1986 concerning licensing of a sea-fishing boat.

The position is that subsequent to the issue of that letter, you applied for a licence in respect of a boat with which you did not proceed. This application, due to the time that has elapsed, over two years, is now considered lapsed. In addition circumstances have changed since 1986. If you now wish to apply for a licence, a new application would be required and I attach an application form which you should complete and return."

8 Later in March, 1989 the applicant submitted a formal application for a licence for the "Bentley Queen" on the form which had been sent to him. In or about the month of April, 1989 he received a letter from Mr. Moloney on behalf of the respondent seeking further information relating to the application. That letter contained specific advice, also set out in the application form, that the applicant should not enter into any financial commitment in respect of the boat prior to the Minister's decision in the matter. The applicant duly furnished the additional information sought by Mr. Moloney. He received a letter dated 5th July, 1989 from Mr. Gallagher informing him that the application was being actively considered.

9 The next step was that the applicant received a letter from Mr. Kieran Grace on behalf of the respondent dated 3rd August, 1989 as follows:-

"I am directed by the Minister for the Marine to refer to your application for a sea-fishing boat licence under Section 22B (inserted by the Fisheries (Amendment) Act, 1983) of the Fisheries (Consolidation) Act, 1959. The Minister has established a Licensing Review Group to recommend to him the sea-fishing boat licensing policy that should be adopted to ensure the optimum development of the Irish sea-fishing industry. It...