Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

2. To ask the Minister for Agriculture, Food and the Marine the person who made the decision not to prosecute anyone in relation to the milk quota irregularities involving Glanbia, Clongowes Wood College and a person in County Tipperary, which were investigated by his Department; if An Garda Síochána was made aware of the details of this case; and if he will waive his legal privilege in order to disclose the opinion of the Office of the Chief State Solicitor on this case. [41417/15]

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

I am returning to the Minister with a question regarding milk quota irregularities involving Glanbia, Clongowes Wood school and a farmer in County Tipperary, which have been investigated by the Minister's Department. Was the Garda made aware of the details of this case, and will the Minister waive legal privilege in order to disclose the opinion of the Office of the Chief State Solicitor on the case?

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

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

The person in question did not resign willingly. He resigned as a result of the issue being raised in this House and raised continuously with the Department. I find it difficult to comprehend how somebody in a very prominent position on the board of Glanbia, with a milk quota being allocated to Clongowes Wood, was able to use that milk quota without the knowledge of Glanbia, thereby committing these irregularities. When one compares that to the way other farmers have been treated around the country, it stinks to high heaven. Did the Minister say there was a Garda investigation into this matter?

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

No, there was no Garda investigation.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Why was the matter not referred to the Garda? This was blatant attempted fraud at the very least. A major milk processing company, Clongowes Wood College and the farmer were all involved, and this matter was not referred to the Garda. Why not? Most people would be of the opinion that if somebody else had been involved the matter would have been referred to the Garda.

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

I agree with the Deputy on this. It should not have happened and it was not allowed to happen-----

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

But it did.

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

-----because our systems picked it up and we responded to it very robustly. Anybody who has been involved with our special investigations unit, as it was at the time, knows that it is pretty robust in terms of how it gets to the bottom of things. It works with and takes advice from the Garda on a regular basis. People were interviewed under caution. We followed up on this as to the detail. There was a full investigation by both the Department and the company concerned, and there was an explanation as to why this happened - which I do not want to go into, although I can brief the Deputy on it if he wishes - and the circumstances that led to what was effectively the use of a quota that had been assigned somewhere else in a separate part of the country. We made it very clear at the time that this was totally unacceptable, regardless of the explanation as to why it was happening. There was an explanation, but it was not acceptable to me. That is why a full superlevy fine was applied. Also, we referred this file to the Office of the Chief State Solicitor because I felt it was appropriate to do that in order that we could have an independent assessment of this overall case. The advice I got-----

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I have to bring in Deputy Ferris now.

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

I will be able to reply one more time.

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Yes, as there is another question and another reply.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

This was not initiated, to my knowledge, until an article appeared in a newspaper. That is what sparked this investigation, because the matter was in the public domain. This did not just come down through the system. That is my knowledge of it.

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

That is not true.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Also, I have reason to believe, from information I have been given - whether it is true or otherwise - that the Chief State Solicitor recommended that this matter be referred to the Garda. In the interest of members of the public, we need to know whether that is the case. Did the Chief State Solicitor make a recommendation that this matter be investigated by the Garda? If that recommendation was made and the matter was not investigated, it brings into question the situation regarding the Department and the Minister. The Minister needs to clear that up.

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

To be clear on this, I can talk about the advice that I got within my own Department, which states that the facts are not so clear as to provide a sufficient degree of probability that a prosecution would succeed, given the legal standard of proof beyond reasonable doubt. It further states that it is also relevant that the quota system is now abolished and therefore there is no merit in taking a case in order to encourage others to obey the law in this matter. It goes on to state that the full superlevy of €143,000 was ultimately paid in this case and therefore there was no loss to the national or EU purse, and that taking an uncertain prosecution would be more likely to expose the State to costs. Taking all of these factors into account, it recommends against prosecution. That is the advice I have.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Who gave the Minister that advice?

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

That was my Secretary General.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

What was the advice of the Chief State Solicitor?

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

That is on the basis of the legal recommendations that came to him and me, based on the report we received from the Office of the Chief State Solicitor.

Martin Ferris (Kerry North-West Limerick, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

Did the Chief State Solicitor say that prosecution would not be successful?

Michael Kitt (Galway East, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

We must proceed to the next question.