High Court gives go-ahead for Sceilg Mhichíl boat trips to resume
Boats will be permitted to ferry people to and from Sceilig Mhíchíl for the remainder of this summer following a ruling from the High Court.
The UNESCO World Heritage Site, which is a special protected area for bird life, was due to open to visitors on 8 May.
But legal action by unsuccessful operators in the latest competition for tenders prevented the scheduled opening.
Tours to the island, which was a location for two of the Star Wars films, are in huge demand and the business is vital to the local economy and to boat operators.
In December last year, the Office of Public Works (OPW) had a competition to award 15 permits for boat operators for Summer 2025 and onwards.
The number of permits is limited to protect the island's fragile ecosystem.
The successful applicants were contacted in late March. They can land a maximum of twelve passengers a day on Sceilg Mhíchíl during the landing season.
Two unsuccessful participants in the competition brought High Court proceedings challenging the outcome. Their action, which is scheduled to last three days, will begin on 21 July.
The legal challenge acted as an effective injunction preventing permits from being issued this summer, prohibiting the OPW from entering into legally binding contracts with the successful tenderers.
The OPW made an urgent application to the court to seek permission to issue the permits for this year, which was heard earlier this week.
Mr Justice Garrett Simons delivered his ruling today, finding that the potential prejudice to the unsuccessful tenderers was outweighed by the potential prejudice to the successful participants and the local economy if no landings at Sceilg Mhíchíl were to be permitted for a further six or seven weeks.
He noted that one month of the season had already been lost.
He granted the OPW's application to lift the automatic suspension on the issuing of permits, meaning permits can now be issued for the balance of the 2025 season.
The judge noted the issues raised by the unsuccessful applicants in relation to the granting of the tender remain open for debate at the trial of the action next month.
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RTÉ News
a day ago
- RTÉ News
High Court gives go-ahead for Sceilg Mhichíl boat trips to resume
Boats will be permitted to ferry people to and from Sceilig Mhíchíl for the remainder of this summer following a ruling from the High Court. The UNESCO World Heritage Site, which is a special protected area for bird life, was due to open to visitors on 8 May. But legal action by unsuccessful operators in the latest competition for tenders prevented the scheduled opening. Tours to the island, which was a location for two of the Star Wars films, are in huge demand and the business is vital to the local economy and to boat operators. In December last year, the Office of Public Works (OPW) had a competition to award 15 permits for boat operators for Summer 2025 and onwards. The number of permits is limited to protect the island's fragile ecosystem. The successful applicants were contacted in late March. They can land a maximum of twelve passengers a day on Sceilg Mhíchíl during the landing season. Two unsuccessful participants in the competition brought High Court proceedings challenging the outcome. Their action, which is scheduled to last three days, will begin on 21 July. The legal challenge acted as an effective injunction preventing permits from being issued this summer, prohibiting the OPW from entering into legally binding contracts with the successful tenderers. The OPW made an urgent application to the court to seek permission to issue the permits for this year, which was heard earlier this week. Mr Justice Garrett Simons delivered his ruling today, finding that the potential prejudice to the unsuccessful tenderers was outweighed by the potential prejudice to the successful participants and the local economy if no landings at Sceilg Mhíchíl were to be permitted for a further six or seven weeks. He noted that one month of the season had already been lost. He granted the OPW's application to lift the automatic suspension on the issuing of permits, meaning permits can now be issued for the balance of the 2025 season. The judge noted the issues raised by the unsuccessful applicants in relation to the granting of the tender remain open for debate at the trial of the action next month.
Irish Examiner
a day ago
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Skellig Michael boat trips can resume, court rules
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High Court gives go ahead for Skellig Michael boat trips to resume
The High Court has given the go ahead for boat trips to Skellig Michael off the Co Kerry coast to resume. Mr Justice Garrett Simons granted an application by the Office of Public Works (OPW) to lift an automatic suspension on landing at the Unesco heritage site and former monastic island, which was also used as a location for the Star Wars films, The Force Awakens and The Last Jedi. The order will allow the OPW to enter into a legally binding contract with each of 15 boat operators who were successful in the public competition for permits to land on the island. The landing season runs from mid-May to the end of September each year. The landing permits were automatically suspended when two unsuccessful bidders brought a High Court challenge to the decision. The OPW then had to apply to the court asking that the stay be lifted pending hearing of the substantive challenge. READ MORE The unsuccessful bidders – Atlantic Endeavour Ltd and SMBT Ltd, trading as Skellig Michael Boat Trips – disagreed with the OPW interpretation of the legal effect of the automatic suspension. They contended that there are a number of mechanisms open whereby landing permits might legitimately be granted to the successful tenderers for the balance of the 2025 season, while preserving their own right to challenge the allocation of landing permits for the 2026 and subsequent seasons. Mr Justice Simons heard the application to lift the suspension this week and on Thursday ordered that it be lifted. He said the practical effect of this order is that it will now be legally permissible for the OPW to issue landing permits to the 15 successful tenderers for the balance of the 2025 season. This will allow for the commencement of passenger landings at Skellig Michael, or Sceilg Mhichíl in Irish. He said his judgment entails no finding whatsoever on whether the outcome of the tender process allows the OPW to confine the right to land passengers on Sceilg Mhichíl to the 15 successful tenderers for a five-year period. The proper interpretation of the request for tender and associated documentation, and the legal consequences of the tender process, remain open for debate at the trial of the action, he said. The judgment, he said 'goes no further' than deciding that the execution of concession contracts does not result in the crystallisation of a contractual right on the part of the successful tenderers to exclusive landing rights for the 2026 and subsequent seasons. He said the significance of this finding is that the unsuccessful tenderers are not relegated to a claim for certain damages in respect of the 2026 and subsequent seasons. The only right which the OPW seeks to translate into a concluded contract, before the determination of the full High Court challenge, is confined to the 2025 landing season, the judge said. He said he was listing the substantive action for the alleged breaches of the public procurement legislation in July.
