Dan Boyle (Cork South Central, Green Party)
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Question 125: To ask the Minister for Agriculture and Food if, since the challenge by a company (details supplied), she has revised her Department's testing procedures for animal proteins in feed, in order that they will be legally admissible; and if she will make a statement on the matter. [14223/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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The Deputy is aware that the High Court, in respect of a judicial review of the seizure and detention by my officials of certain corn gluten imported into this country, recently ruled in favour of the company referred to on two counts. First, the authorised officers, appointed by the Minister, did not have the necessary powers, under the Irish legislation quoted, to impound the feed material and instruct its recall from the market and, second, the Minister could not prove that the presence of bone fragments in the corn gluten, identified by reference to the analytical methods approved by the EU and applied across the EU, indicated the presence of processed animal protein, PAPs.

This judgment has been appealed to the Supreme Court and officials in my Department are in consultation with the Attorney General's office to examine ways to strengthen the existing national legislation pertaining to inspection and seizure powers. Secondary legislation in this regard will be introduced by me very shortly. My officials, in consultation with the Attorney General, will be asking its legal counsel to prepare papers, which will hopefully lead to a reference being made to the European Court of Justice on the interpretation of the relevant EU legislation and its effect.

Officials within my Department regularly review the methods and procedures in the various areas of control operated within my Department in response to specific events and evolving risks to the feed chain.