GUERNSEY taxpayers could be forced to pay hundreds of thousands of pounds in compensation because of an illegal States decision. Four years ago, it was decreed that Jersey and UK fishermen would not be allowed to work in the island’s three-to-12-mile limit without a licence. But in an historic judgement yesterday, the Lords of the Judicial Committee of the Privy Council in Downing Street ruled that the 2003 Sea Fish Licensing (Guernsey) Ordinance was and is invalid in relation to the three-to-12-mile belt.

The Law Lords found that it was valid for the three-mile belt around the Bailiwick.

The ruling means Jersey and UK vessels are free to fish the three-to-12-mile limit with immediate effect.

Local fishermen fear that will lead to decimation of local stocks and that their ‘worst fears have been realised’.

The successful appellants – the Jersey Fishermen’s Association and fishing companies from south-west England – were also awarded costs at the hearing by five Law Lords, headed by Lord Scott.

The 39-page judgement, delivered by Lord Mance, could pave the way for compensation claims from UK firms and Jersey fishermen, it was confirmed by Jersey Fishermen’s Association spokesman Mike Taylor, speaking in London.

‘It’s the end of three court cases and we genuinely felt Jersey fishermen were very unfairly treated when Guernsey introduced its licensing scheme and that Guernsey had not recognised our historic fishing rights,’ he said.

‘There were one or two people in the Guernsey States who were misguided in the manner in which they brought in licensing. It’s a shame it has come to this – we did not want a battle in the courts, but the situation was so unfair we just had no option.’

Several Jersey fishing representatives have officially and unofficially laid the blame on Deputy Lyndon Trott for forcing the ordinance through the States.

‘We are extremely pleased with this result – the legal costs will be in the hundreds of thousands of pounds.

‘There could now be some compensation claims from the English firms and possibly from Jersey fishermen who feel they have lost some of their income in the last four years.

‘I think it’s a very fair decision and my own feeling as a lay person was that Guernsey could not bring in primary legislation in British waters without UK Government approval. I have spoken to several Jersey fishermen and they are absolutely delighted,’ said Mr Taylor.

‘Whereas before some of our boats could not fish in waters adjacent to Guernsey, now they can. Some of our fishermen have used these areas for many years,’ said Mr Taylor.

He stressed the need for dialogue.

‘We do recognise that Guernsey needs a licensing scheme and there will have to be more discussions to find a fair way for both Jersey and Guernsey fishermen to fish in each other’s waters,’ he said.

‘I would like to think that now you have a new chief minister and team, we can now put this last four years behind us and try to come to a new agreement that is fair to Guernsey and Jersey fishermen and recognises the historic rights of both to fish in each other’s waters.

‘Traditionally and historically, our boats have not fished within the three-mile limit of Guernsey and we would not be pressing for that,’ said Mr Taylor.

The case in brief…

In February 2004, the Jersey Fishermen’s Association and several English companies brought a case challenging the licensing arrangement in the three-to-12-mile limit after only eight of more than 70 applicants were allowed to fish there. They won that on a decision by Lt-Bailiff Patrick Talbot, QC, but his ruling was successfully challenged by the States in the Guernsey Court of Appeal in April 2005. The appeal against that decision by the JFA and English companies was upheld by the Privy Council yesterday following a hearing in Downing Street in February.