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

The Deputy is aware of the background to this case, which I outlined in the House in my reply to a parliamentary question on 7 October. In short, my Department conducted an investigation into allegations that milk collections from one supplier were credited to the account of another, and that this was being facilitated by the milk purchaser concerned.

I have already indicated that following this investigation, I accepted the recommendation of my officials that a prosecution in this case should not be pursued. In making its recommendation my Department had regard to all of the facts, including the corrective action taken, the lack of financial gain for any of the parties concerned, the fact that the parties’ obligations under the milk quota regulations had ultimately been met, that the superlevy was paid and that there was no financial loss to other farmers, the Exchequer or the EU. Furthermore, the ending of the milk quota regime meant that there would no deterrent factor for other quota holders in pursuing a prosecution. Against that backdrop, my Department did not refer the matter on to An Garda Síochána.

I have also indicated that I instructed that the relevant papers be sent to the Chief State Solicitor for advice, that that office appointed a prosecuting counsel to examine the facts of the case, and that my Department also had regard to that advice and to the likelihood of a successful prosecution, given the details of the case and the standard of proof required, in making its recommendation. As always, the opinion received from counsel is subject to legal privilege and it would not be appropriate for me to disclose its contents at this time.

As I said previously, this was a case that I was concerned about. I was the one who insisted on an immediate investigation and it was a very robust one. It resulted in the company concerned having a full investigation of its own. It also resulted in much correspondence between my Department and the company concerned, and in the resignation of the individual involved from the board of Glanbia recently. We have acted in a fairly robust manner on this case, but I have to take the advice of my officials and the legal advice and make balanced decisions on that basis.

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