The Mayo News

AN Erris fisherman has written to a Garda superintendent requesting the return of his son’s boat, which was impounded by gardaí last week. Boats seized illegally – The Chief


Áine Ryan

AN ERRIS fisherman, whose family-business boats were last week impounded by gardaí, ahead of the arrival of the Solitaire, wrote to Chief Supt Tony McNamara yesterday stating he did not accept that the seizing of the John Collins – his son Jonathan’s boat – was correct, and requested its return.
Bizarrely, however, a garda spokesman said yesterday that Jonathan O’Donnell was advised on Sunday afternoon that he could take his boat back.
The letter from Pat O’Donnell, known as The Chief locally, also requested that a Garda Water Unit Rib (rigid inflatable boat) accompany him to the location where his fishing gear was removed, by certain personnel, last week also.
“I wish to recover [the John Collins] from your custody. I do not accept it was taken with lawful authority. However, my losses arising from that seizure are considerable and I wish to limit those losses,” the letter states.
Speaking yesterday (Monday) Edward McGarr, solicitor to the O’Donnell’s said: “My clients, Pat and Jonathan O’Donnell don’t accept the alleged correctness of the seizure of their boats. In effect, the several reasons advanced by the gardaí for their actions appear inconsistent with each other.”
“There is also the question of what Jonathan may or may not do if he were to accept his boat back. There is a phenomenal amount of confusion as to whether the Gardaí believe he is entitled to sail his boat back out into the bay. He has already had the unfortunate experience of being arrested [last week] when he was carrying out his work of fishing,” continued Mr McGarr,
“There is also confusion arising from the Garda seizing of the John Michelle, [another O’Donnell boat] which they claim the Navy has deemed unsafe,” he added.
Adding to this confusion is the assertion that Gardaí have released the John Collins even though there has been no formal handing-over process implemented.
Pat O’Donnell said last night: “If Jonathan went down to Ballyglass pier and sailed one mile north of it, he would be breaking his High Court conditions and be arrested all over again.
“I will not accept these restrictions. I will only take my boat back if I can fish where I have always fished,” Jonathan O’Donnell said.
He said that when he was arrested on Thursday morning last and his boat seized there was no sign of the Solitaire, or Shell vessels and he was not near the landfall site at Glengad.
Meanwhile, Minister Dara Calleary confirmed that he has sought a meeting on behalf of the Erris Inshore Fisheries Association (EIFA) with the fisheries minister, Brendan Smith.
 Eddie Diver, the chairman of the association, said urgent clarification is needed regarding the conflicting rights of the O’Donnells to fish and Shell to lay their pipes.
“Our priority is getting Pat and Jonathan O’Donnell’s boats back in the water. This is the height of the fishing season and they will lose their livelihoods. We now need clarification about the conflicting rights of these licensed fishermen to do their work and those of Shell to lay the pipes,” said Eddie Diver.
He continued: “We accept that gardaí on the ground, and Supt Larkin are only following orders. But we need clarification on the fact that the O’Donnells’ right to fish has been temporarily extinguished.”
Mr Diver said EIFA was also very concerned about the fact that, before the impounding of the boats and the arrival of the Solitaire O’Donnell “fishing gear had been removed and towed away last week to an unknown location”.
“Shell and the authorities have to take responsibility for the fact that the gear was taken away and is not accounted for,” he added.
The Department of Transport confirmed to The Irish Times on Friday last that no order had been issued for a 500-metre exclusion zone for the Solitaire, even though gardaí have said they are policing an exclusion zone ‘passed by the department’.
Last week, Michael D Higgins, the President of the Labour Party, said in the Dáil that the minister with responsibility for the marine must ‘clarify the conflict which arises between those who enjoy fisheries licenses and those who claim to gave a license to engage in pipe-laying’.
Furthermore, a spokeswoman for the EPA (Environmental Protection Agency) said yesterday that if Shell wants to proceed with the changes it has proposed [to its integrated pollution prevention control license], it will have to write to the agency to request a licence review.
Shell applied for the change to honour an agreement made with Erris fishermen regarding the location, and other related concerns, of an outfall pipe from the refinery at Bellanaboy.
At the recent Age Action AGM a motion, put by Richard Behal was passed which called on the government to institute more favourable terms for the nation regarding our offshore resources.

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