Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

I thank the Deputy for raising this issue. My Department has carried out an investigation into allegations that milk collections from a milk supplier were credited to another milk supplier and that this was being facilitated by the milk purchaser concerned. Having received the report on the investigation, I instructed that a number of corrective actions be undertaken by all parties concerned, including the reallocation of milk to the original supplier and the payment of the superlevy fine by the supplier concerned. All such corrective actions were completed within the relevant milk quota year, and the end-of-year annual declaration for the milk producers concerned reflected the adjusted and correct position.

In addition to requiring the above actions, I also instructed that the relevant papers be sent to the Chief State Solicitor's office for advice on whether offences had been committed and, if so, the possibility and likelihood of a successful prosecution. The Chief State Solicitor's office subsequently appointed a prosecuting counsel to examine the facts of the case and this counsel’s report was forwarded to my Department. My Department subsequently met the senior counsel to discuss the report. Having regard to counsel’s opinion and to all the circumstances in this case, my Department recommended that a prosecution should not be pursued and I accepted this recommendation.

In making its recommendation, my Department took a number of matters into account, including the likelihood of a successful prosecution given the details of the case and the standard of proof required, the fact there was no financial gain for any of the parties concerned, the fact the parties’ obligations under the milk quota regulations had ultimately been met, that all superlevies due were paid in full and, most important, that there was no financial loss to other farmers, the Exchequer or to the EU. My Department is completing a full compliance verification audit of the processor concerned.

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