Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I welcome the presence of the Minister for Agriculture, Food and the Marine, Deputy Coveney, to take this Topical Issue. Last week, a Circuit Court judge voiced strong criticism of the conduct of the head of the Department of Agriculture, Food and the Marine's special investigation unit, SIU, urging that his conduct and that of the SIU in the case before the court be properly investigated. I will cite from reports of the case in question, in which Judge Leonie Reynolds stated:

it seems to me there was a very heavy-handed approach adopted here and as to how matters were handled thereafter, they were handled in a less than fair manner. I hope those comments will be taken on board in the Department and matters will be looked into.

I want to be very clear, Mr. Fannin leaves this court here to-day with his reputation fully intact and without any question mark hanging over his integrity.

It is critically important that the Minister now outlines the steps he intends to take and that he will confirm a thorough Garda investigation either is pending or already is under way. He also should advise Members as to the steps he will now take to restore domestic and international confidence in Ireland's beef sector, given that animals which officials of his Department believed were contaminated were allowed into the food chain through a European Union-licensed meat plant. These are serious matters, huge matters, that go far beyond the situation that maintained and presented for the unfortunate Mr. Fannin and his family.

I wish to put on record that this issue has continued for four to five years. During 2009 and 2010, I continually sought to properly advise the former Minister for Agriculture, Fisheries and Food, my constituency colleague, Deputy Brendan Smith, of the seriousness of what was unfolding. After consistent lobbying of the Minister, Deputy Smith, including at least one direct one-to-one meeting, I subsequently secured a meeting with the then Minister and the chief veterinary officer of the day, in the offices of the Minister at Agriculture House. I outlined to them both my serious concerns in respect of the conduct of the named head of the special investigation unit at that time. I implored them both to ensure there was an investigation of his alleged activities at that time. Had that been proceeded with and explored properly, I doubt whether the debacle that presented to the courts last week in the name of the Department of Agriculture, Food and the Marine and on behalf of the people would have taken place.

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

First, I thank the Deputy for raising this important issue. However, Members must be careful about what they say here. My information to date is there certainly was not a blatant and deliberate misleading of the court by a staff member of my Department. There were other witnesses involved in the case who were not Department vets and I certainly will wait until a thorough review has been conducted on what happened in this case before making detailed comments in respect of it, as opposed to relying on media coverage.

My Department deploys its control and inspectorate staff to ensure food safety, animal health and animal welfare and to safeguard expenditure of public funds. The inspections carried out and the controls applied underpin and safeguard public confidence in agricultural production in Ireland and contribute to a significant export market. Inspections are carried out in a professional unbiased manner by appropriately trained officers. The outcome of my Department's investigations occasionally lead to charges being brought before the courts. The controls applied by my Department are well appreciated and respected in the international market place and provide confidence to consumers all over the world in the Irish agrifood industry, including the beef sector.

I take it that the Deputy in his question is referring to recent media reports concerning a particular case in County Cavan. A number of departmental staff were involved in an investigation in 2009, which led to a Circuit Court hearing taking place, which concluded last week. The local regional office staff had initiated an investigation and subsequently, on the basis of its complexity, had referred it to the special investigation unit of the Department. It is important to note the SIU continued the investigation in conjunction with the Garda. This investigation was carried out over a period, following which a file was prepared and submitted to the Director of Public Prosecutions, DPP.

The DPP, independent of the Department, decided that certain charges would be brought forward for prosecution. Within the court system, the onus of proof, as always, lies solely with the prosecution. The levels of proof required in a criminal case are high and rightly so. The judge in this case, having listened to the evidence offered by the prosecution and the counter-arguments put forward by the defence counsel, decided the prosecution case was not sustainable and directed that the jury should bring in a verdict of not guilty by direction of the court. No one is contesting that. Certain selected comments attributed to the judge have been carried in the media. When a presiding judge criticises the prosecution of any case, this warrants a comprehensive review and I have ordered such a full review within my Department, which I expect to be carried out quickly. This review is currently under way and is informed by a report from the prosecuting counsel. I expect it will take approximately one week and I will revert to the Deputy with its details when I have them to hand. I happily will go through it in some detail with the Deputy because he clearly is concerned by the case.

Contrary to the proposition being put forward by the Deputy, there was no publicly exposed misconduct on the part of any departmental staff member, although, obviously, I will wait for a full review before giving a comprehensive answer in this regard.

I do not accept the broader accusation that this issue has somehow undermined confidence in the food safety control systems in Ireland. The special investigation unit, SIU, by its very nature, must be robust in dealing with very difficult cases and, in some cases, with very difficult people. The job involves difficult relationships and investigations. In this case, if the SIU got it wrong, that needs to be reviewed and exposed and we need to ensure systems are in place to prevent a recurrence. It has nothing to do with undermining the credibility or the robustness of the food safety systems.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I am deeply disappointed with the Minister's response. It appears he is relying on an internal departmental review to deal with the matters I have sought to address. That is not what is required. Internal reviews will not suffice by a long shot. In the case in question, a man's life was not only put into suspension for several years but he faded before my eyes, month after month, as I met him in consultations about his situation. His family have suffered immeasurably. The Minister should not put his head in the sand to ignore the fact that he is not unique and isolated. There are many such people and families involved in farming who have equally suffered because of the very questionable approach and engagement of the SIU. I assure the Minister I have no doubt of the importance and necessity of the role of the SIU to ensure the highest standards of practice, but there is no question in my mind on the evidence that I have seen that there is behaviour beyond acceptance being employed by a certain individual or certain individuals within the SIU, including currently, and it is not acceptable. I am deeply disappointed that the Minister has suggested in his response that the prosecution's case was not sustainable. The subtext of that is open to the interpretation that it was unable to prove its case and there is the very overt suggestion that in some way Mr. Fannin was other than wholly innocent.

I will repeat for the Minister what the judge said at the conclusion of the case:

I want to be very clear. Mr. Fannin leaves this court here today with his reputation fully intact and without any question mark hanging over his integrity.

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy never brought it to my attention.

Catherine Byrne (Dublin South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Deputy Ó Caoláin's time is up.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I ask the Minister to explore the record of his Department and his office.

Catherine Byrne (Dublin South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Minister has two minutes to reply.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

These are the facts as outlined and I am deeply disturbed.

Catherine Byrne (Dublin South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Please, Deputy Ó Caoláin------

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

A Garda investigation is what is required.

Catherine Byrne (Dublin South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I ask the Minister to try to keep his reply to within two minutes.

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I will try to do so. The Deputy is asking for a Garda investigation into how the case was handled, but the Garda Síochána was involved in this case. I am not sure if the Deputy would be happy with an investigation. I have been a Minister for more than two and a half years but the Deputy has never mentioned this case to me.

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

That is not the case. I remind the Minister that I spoke to him about it. However, all the substantive work was done before his time.

Catherine Byrne (Dublin South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Deputy Ó Caoláin, the Minister is replying to the debate.

Simon Coveney (Cork South Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I can only answer for my own tenure in office. The Deputy will know that when he has brought other issues to my attention, I have always given him a fair hearing and we have tried to get to the bottom of issues about which the Deputy has concerns. I would have taken the same approach had he expressed significant concerns about this case. The first I knew of this case was what I read in the media. Since reading those reports, I have asked for a full and comprehensive review to be carried out quickly by the Department and we will draw conclusions from that review. If further investigation is required as a result of the review, we will consider it.

The SIU is an integral part of my Department and it has a very difficult job. The unit deals with the most difficult cases and it is expected to get to the bottom of those cases. This case was such a case. I accept absolutely what the judge said at the end of the court case. So far as I am concerned this case is concluded and the individual against whom the Director of Public Prosecutions took a case is completely absolved of any wrongdoing. That is the judgment. However, it is my task to examine how the role of the SIU and my Department functioned in this case. If that role was inappropriate or unacceptable, I need to deal with the consequences. It would be very wrong of me to draw conclusions before a review takes place.