John McGuinness (Carlow-Kilkenny, Fianna Fail)
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77. To ask the Minister for Agriculture, Food and the Marine the action his Department has taken arising from the remarks made by Judge Reynolds, in the Fanning case; if a report was prepared by his Department relative to the case, the judge's remarks and the actions of the special investigations unit; if the report will be made public; if a copy will be forwarded to this Deputy; and if he will make a statement on the matter. [37246/14]

Simon Coveney (Cork South Central, Fine Gael)
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With regard to the case referred to by the Deputy, the Fannin case arose from an investigation that took place in 2009 and came before the Courts in 2013. The charges related to the alleged interference with the TB test. The investigation in this case was a joint investigation between my Department and the Gardai. Following the investigation, a file was submitted to the DPP who directed that certain charges be pursued. This case was heard before the Circuit Court.On the eighth day of the trial, the presiding Judge terminated the trial, and directed that Mr Fannin be acquitted, criticising the prosecution and the Department in particular. The key factor in concluding the trial appears to relate to confusion concerning the presentation of certain evidence, whether or not a brucellosis test had been carried out at the time of the TB test in March 2009, and the significance of this. However, this matter was not part of the Book of Evidence or the submitted prosecution case.

I initiated an internal review into how this particular case was handled within my Department. The position is that the report finds no evidence that Department staff sought in any way to mislead the court - a most serious inference carried in some commentary on the subject. A number of recommendations were made with regard to staff training, file preparation and to review current procedures of making available biological sample evidence to the defence. These recommendations are being examined currently. My Department has decided to release the report in redacted form but this decision has been appealed by a third party to the Information Commissioner.

Earlier this year, I initiated a review of the investigation capability of my Department in the context of ensuring that the significant investment being made in the sector in meeting its expansion plans under Food Harvest 2020 would not be put at risk by failures to meet legal obligations which might undermine Ireland’s excellent reputation for food safety and meeting the highest standards of food production. This is also vital to supporting and protecting an industry that is vital to the national economy. The outcome of the review was presented to me on 8 July when I decided on the establishment of a new Investigations Division.

The new arrangement brings all investigation capability, both internal and external, into one Division. It is up and running since July and is headed by a Senior Superintending Veterinary Officer, supported by a team of investigators, some of whom are core members of the team and others to be drawn from areas where their expertise will be beneficial to the conduct of particular types of investigations. A particular feature of the new arrangement is the governance that now surrounds the conduct of Departmental investigations. The new Investigations Division reports to an Investigations Steering Group chaired by the Assistant Secretary General responsible for Corporate Affairs and will comprise the Chief Veterinary Officer, the Assistant Secretary General with responsibility for direct payments, and the Heads of Legal Services, Internal Audit and HR. This group will, in all new cases, determine whether matters should be referred back to the relevant inspection areas of the Department for follow through, whether an investigation is warranted and if so, whether this should be conducted by the Investigations Division or referred to the Garda Siochana. This new Investigations Division includes the functions previously undertaken by the Special Investigations Unit.

In conclusion, I want to formally acknowledge the dedication and commitment of the staff of my Department who carry out investigations in sometimes very challenging circumstances, a fact I experienced first-hand last year when dealing with the equine DNA investigation which was conducted by my officers in a highly pressurised environment where their focus and sense of purpose was highly visible and extremely successful.