Mattie McGrath (Tipperary South, Independent)
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144. To ask the Minister for Agriculture, Food and the Marine if he will publish his Department's internal report into the special investigations unit; and if he will make a statement on the matter. [6619/15]

Simon Coveney (Cork South Central, Fine Gael)
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I understand that the Deputy is referring to a report arising from a review that I asked to be carried out following a Circuit Court case in November 2013, where the Judge directed that a defendant be found not guilty by direction of the court. In the course of summing up at the end of the case, the trial Judge advised that matters surrounding the case should be examined by my Department.

I would clarify that this was not a report 'into the Special Investigation Unit' per se, but rather a detailed examination of the specific court case, its preceding investigation, which was carried out jointly by officers of my Department and An Garda Síochána, and the circumstances that led to the premature conclusion of the case.

The purpose of the review, which resulted in the compilation of the report, was intended to be an internal process, specifically to assist my Department understand the reasons for the premature ending of the case and to take appropriate remedial action, if such was determined to be necessary. In addition, the fact that the report makes reference to some non- Departmental individuals – who were involved in the investigation and the court case, and to whom reference was necessary to provide context and completeness to the report - was another factor justifying non -publication of the report.

During the course of 2014 however, access to the report became the subject of a number of requests under the Freedom of Information Acts 1997 and 2003. These requests were considered in the context of the Acts. Having consulted relevant third parties as is required by the Act, the decision-maker indicated his decision to substantially release the report, (with some redactions) taking into account the relevant sections of the Act. As part of that process, a party who is external to my Department appealed the decision to release the report to the Office of the Information Commissioner. That process has not yet concluded.

If at the end of this process, there are no obstacles to its release, as proposed by the decision-maker, I will be happy to do so.