Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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11. To ask the Minister for Agriculture, Food and the Marine if a formal investigation was conducted into the farm investment scheme and into the farm waste management scheme; the reason a landowner (details supplied) was not notified of such formal investigations, or of their outcomes; and if he will make a statement on the matter. [41239/15]

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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I ask the Minister for Agriculture, Food and the Marine if a formal investigation was conducted into the farm investment scheme and the farm waste management schemes and the reason a landowner, whose details are supplied, was not notified of a formal investigation or the outcomes. Will the Minister make a statement on the matter?

Simon Coveney (Cork South Central, Fine Gael)
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The Deputy seems to be making a habit of trying to raise legal cases in the House. I could not answer his last question and I cannot answer this or the next question either. I have the same answer on all of them. The case is subject to legal proceedings involving the named person and the Department and therefore I cannot comment at this juncture. I have the exact same answer for the next question. The place to resolve legal proceedings is not the House. We have an appeals process that I would like to think is effective, independent and that works for people, but if someone decides to go to court to resolve a difference of opinion on a decision the Department has made, it is impossible for me to comment in any way that is helpful without impacting on those cases. I have been asked not to do that.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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I am not asking the Minister to get into legal jargon. All I am asking is whether a formal investigation concluded, if the person was informed and, if not, why did that not happen at the beginning. I am not trying to back the Minister into a corner and telling him to be judge and jury. All I am looking for is a straight answer.

Simon Coveney (Cork South Central, Fine Gael)
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There would be no problem answering that question if legal proceedings had not begun. Once something goes into our legal office to prepare the defence of the position of the Department, I will not get into providing details that may be used at a later stage as part of evidence in court. That would be very foolish of me. I encourage Deputies and farmers who have issues and concerns about how the Department does its business and how the appeals process is working to let us know. If they feel it is unfair, we need to hear about it. Once a person decides to take on a solicitor and start legal proceedings, it is in a different category and it is hard for me to comment.

Michael Fitzmaurice (Roscommon-South Leitrim, Independent)
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That is fair enough and I understand where the Minister is coming from. In fairness to a lot of these people to whom I have spoken in great detail, they have tried to look at every angle. Some of it was before the Minister's time and I do not lay the blame entirely at his door. There are always windows of opportunity to resolve problems, but if doors are locked and the hatches are battened down, it is very difficult for the ordinary punter. The last thing any farmer wants to do is go to court against a Department. If he or she feels an injustice, he or she is sometimes left with no choice.

Simon Coveney (Cork South Central, Fine Gael)
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I have said what I have to say on this. I am not trying to be unhelpful or to block anybody; I am following legal advice which I think is sensible.