Michael D Higgins (Galway West, Labour)
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Question 9: To ask the Minister for Agriculture and Food the action she proposes to take on foot of the representations made to her on behalf of persons (details supplied) who are seeking an independent evaluation of outstanding matters in agricultural practice and the consequences for their livelihood such as to enable both the spirit of the Supreme Court judgment on these matters, and natural justice in relation to loss and recovery, to be fulfilled. [32276/04]

Mary Coughlan (Donegal South West, Fianna Fail)
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The representations referred to in the question relate to civil litigation undertaken by the person named in the 1980s and specifically to two judgments of the High Court and Supreme Court, delivered in 1985 and 1988 respectively. My Department was not a defendant in this litigation.

Despite the resolution of this litigation in 1988 in favour of the person named, he has continued to pursue certain matters with my Department and other Departments which he claims are associated with this long concluded litigation. The recent representations made by the person named in 2004 are an attempt to re-open the litigation concluded in 1988. It was open to the person named to issue proceedings against my Department in relation to these issues within six years after the conclusion of the litigation in 1988, which he failed to do. I should also make reference to certain representations made by the person named in relation to their milk quota position.

In 1997, a letter of undertaking was given to the person named to the effect that their milk quota position would be reviewed. Arising from this undertaking, a comprehensive review of the named person's situation took place in 1977, which included a series of meetings with him. My Department subsequently granted the named person: a temporary allocation of 57,370 gallons of milk quota in respect of the 1996-97 milk quota year. This allocation eliminated the super-levy liability of the named person, which amounted to a sum of £75,000, or €95,250, for that year; an additional permanent allocation from the national reserve of 90,249 gallons of milk quota for the milk quota year 1997-98. This increased the named person's permanent milk quota to a figure of circa 225,000 gallons; and a further temporary allocation of 2000 gallons for the milk quota year 1997-98. This temporary allocation was subsequently made permanent.

The allocation of the additional 92,000 plus gallons of permanent milk quota to the named person set out above is the largest permanent allocation made from the national reserve to any individual producer and were made due to the difficult personal circumstances of the person named.

These additional allocations were made as a final gesture to this person in recognition of the particular circumstances. They were accepted on this basis in writing by the named person.

On further representations being made by the person named in 2002-03, an additional temporary allocation of 100,000 litres on milk quota was made him for the milk quota year 2002-03.

Despite the comprehensive and generous review in 1997 and the further allocation in the 2002-03 legal proceedings were issued by the person named in 2003 against my Department and a third party in relation to issues connected with allocations of milk quota and other related matters. These proceedings are being defended fully by my Department.

One of the main functions of my Department is to regulate the agricultural sector in accordance with EU and national laws. Its regulatory functions do not extend, as requested by the person named, to the provision of the type of evaluation service referred to by the Deputy. It is open, however, for any individual engaged in farming or an associated industry to commission, obtain and publish any evaluation of their farming practices which might assist them in the promotion and sale of any agricultural product that they produce.