The action has been brought by Sean Murphy, who claims the minister’s decision has reduced by one third the traditional season which he and other boatmen has brought passengers to the site.
Mr Murphy has for many years operated a vessel taking visitors from the mainland to the monastic settlement site, which was a location for blockbuster movie Star Wars: The Force Awakens and the forthcoming sequel, Star Wars: The Last Jedi.
He was informed by the Department of Transport on 30 March 2015, the day before the traditional season began, that from that point on visits from licensed passenger boats to the island could only take place between 15 May and 30 September, while the National Monument Service (NMS) have a staff presence on the island.
Mr Murphy was told the limits were being put in place for health and safety reasons, following a communication the Department received from the NMS, which owns the Island, landing pier and access road.
Licensed passenger boats can may not land out of season unless prior permission has been obtained from the NMS.
In judicial review proceedings against the Minister for Transport, Tourism and Sport, Mr Murphy seeks various reliefs including an order quashing the Minister’s decision to limit the season.
It is brought on grounds including that the Minister is not entitled to select the length of the season Mr Murphy can land at the island.
It is also argued the decision was taken without any consultation with Mr Murphy, and that irrelevant considerations were taken into account by the Department.
Mr Murphy’s action is opposed.
In a judgement concerning preliminary issues in the case Mr Justice Max Barrett ruled that Mr Murphy was entitled to discovery of material including e mails, notes, records and documents concerning the carrying of passengers to and from Skellig Michael.
The court said it would not grant an order sought by Mr Murphy to cross examine an official who had sworn affidavits in the case on behalf of the Minister.
The Judge said that the discovery order should suffice, but if any difficulties remain Mr Murphy’s lawyers remain free to make a fresh application to cross examine the official.
