Written answers

Wednesday, 1 October 2014

Department of Agriculture, Food and the Marine

Departmental Legal Costs

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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75. To ask the Minister for Agriculture, Food and the Marine the total legal costs to his Department for the past ten years in relation to the work of the special investigation unit; if he will confirm the settlements that were made arising from the work of the SIU; the number of court cases pending arising from investigations by the SIU; and if he will make a statement on the matter. [37244/14]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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The legal costs associated with legal proceedings initiated by my Department as a result of the investigations carried out by the Unit are, in general, borne by the CSSO and are a matter for that body. However, since 2004, my Department has paid €126,057 in respect of legal proceedings arising from investigations by the Special Investigation Unit. Such costs have to be seen in the context of the need to preserve the reputation of Irish agriculture and food that employs over 170,000 people and which exported €10 billion worth of food and drinks products last year.

There are 17 cases pending before the courts. In addition, a further 3 cases are the subject of Judicial Review or ongoing litigation. Settlements were reached in a small number of cases. This information is being collated and will be provided to the Deputy as soon as it is available.

Photo of John McGuinnessJohn McGuinness (Carlow-Kilkenny, Fianna Fail)
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76. To ask the Minister for Agriculture, Food and the Marine the total costs incurred to date by his Department relative to a person (details supplied); the costs for each year from the commencement of the case showing legal, Department and any other costs involved; and if he will make a statement on the matter. [37245/14]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Within my Department, functions relating to investigations and the bringing of cases to court are carried out in conjunction with other work and it is not possible to quantify the cost of individual investigations. No legal costs have been incurred by my Department to-date in respect of this case. Such costs are generally borne by the Chief State Solicitors Office and are a matter for that body.

With regard to the case in question, the media coverage of the legal settlement with Mr Fleury to-date has contained significant inaccuracies in relation to the nature of the settlement, which included a confidentiality clause binding both parties not to divulge the details of the settlement. While respecting the confidentiality clause, I want to stress that it didnot provide for any compensation whatsoever to be paid to Mr Fleury. Furthermore, I can confirm that the Department’s costs in the Fleury case will be a small fraction of the exaggerated figure mentioned in the press coverage.

I want to emphasise also that the investigation into the Fleury case by the Department had no bearing on the actual settlement of the case. The settlement was agreed only following an approach by Mr Fleury’s legal teamseeking a comprehensivesettlement to the outstanding legal issues between him and the Department. It is also relevant to note thatthe Department secured a conviction in 2001 against GVM Exports Ltd, in which Mr Fleury held 50% ownership and was a Director, in respect of offences detected in the course of this investigation.

The substance of the Fleury case relates to events in 1999 at a time when Bovine Brucellosis was causing great hardship to the farming community and imposing significant costs on the Exchequer. Itresulted from an investigation by the Department into the illegal movement of cattle in breach of the TB and Brucellosis eradication schemes. Following the investigation, normal legal procedures were followed involving the Office of the Chief State Solicitor and the Courts Service and resulted in Mr Fleury and GVM Exports Ltd being charged with offences relating to the illegal movement of cattle (i.e. without a pre-movement Brucellosis test) and other offences relating to animal identification.

The prosecution of the case was delayed for a considerable period of time over the years, largely due to challenges to the prosecutions initiated by Mr. Fleury, some of which were the subject of Supreme Court rulings, the most recent in December 2013. While the Court ruled in substance against all of his challenges, Mr Fleury had recently mounted further legal challenges to the re-activation of the prosecution and it was in this context that Mr Fleury’s legal team sought a settlement.

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