Written answers

Tuesday, 4 November 2014

Department of Agriculture, Food and the Marine

Departmental Legal Cases

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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450. To ask the Minister for Agriculture, Food and the Marine his plans regarding those who have been found innocent in the courts of charges made against them by agents of his Department; if he will offer to meet them; if his Department will offer to compensate them for their personal losses and the years of pursuit to which they were subjected; if he will establish an independent inquiry into the conduct of certain members of the former special investigations unit; and if he will make a statement on the matter. [41826/14]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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My Department has a duty to investigate, and where appropriate, prosecute serious breaches of legislation in order to protect the agri-food industry in Ireland.

The Deputy will be aware that the administration of justice through the court system is entirely independent of my Department. In respect of cases brought before the courts by or on behalf of my Department, I can advise the Deputy that in a number of instances, files are submitted to the independent office of the DPP, who decides on whether cases should go forward or not – and indeed determines what the appropriate charges are. In other cases, files are prepared with the assistance of the independent CSSO. In all cases, whether prosecuted by the DPP or directly by my Department, the decision to proceed to prosecution is always based on a thorough evaluation of the evidence gathered in the course of the investigation.

It is open to citizens who successfully defend their cases in court – be it in respect of cases taken by my Department or other state bodies – to seek remedy, at the time or afterwards, through the court system if they believe that they have been wronged. In addition in the normal course of events, citizens who believe that they have been treated unfairly by staff of my Department can seek redress through the internal complaints procedure, the office of the Ombudsman or through the court system. In this regard it would not be appropriate for a Minister to meet with, or offer compensation to, people whose prosecution was either unsuccessful or where settlements were reached.

Specifically in relation to the two recent highly publicised cases, I am unaware of any evidence that suggests that staff of my department acted unfairly in the conduct of the investigations. In respect of one unsuccessful case, I commissioned a comprehensive review of the case. I have no plans to establish an independent inquiry.

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