Written answers

Wednesday, 24 March 2021

Department of Agriculture, Food and the Marine

Departmental Legal Cases

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

2001. To ask the Minister for Agriculture, Food and the Marine the process for the way in which a case (details supplied) was withdrawn on 29 January 2020; the identity of the decision-maker; the rationale for the withdrawal of the case; and the persons who endorsed and-or sanctioned the decision-maker's actions. [15154/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

It is important to clarify that Prosecutors are not legally compelled to pursue all prosecution cases to a final conclusion in the courts. Occasionally, there may be instances where the facts of a case are such that proceeding with a prosecution may not be considered appropriate or justifiable. Prosecution cases can be withdrawn for a variety of reasons.

For example, decisions can be made to withdraw prosecutions based on legal advice, or as a result of a changes in circumstances or personnel of a business or the operator of a business, or because of a satisfactory resolution of the original issues that were the subject of the prosecution or, where appropriate, on humanitarian or compassionate grounds.  My Department takes its prosecutorial functions very seriously and exercises prudent and careful judgement in deciding how best to manage prosecutions brought in the name of the Minister for Agriculture, Food and the Marine.

The Department does not comment in detail on individual cases.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
Link to this: Individually | In context | Oireachtas source

2002. To ask the Minister for Agriculture, Food and the Marine if he will provide all advice received in respect of a case (details supplied), with the exception of legal advice, that was withdrawn by his Department on 29 January 2020. [15155/21]

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

It is important to clarify that Prosecutors are not legally compelled to pursue all prosecution cases to a final conclusion in the courts. Occasionally, there may be instances where the facts of a case are such that proceeding with a prosecution may not be considered appropriate or justifiable. Prosecution cases can be withdrawn for a variety of reasons.

For example, decisions can be made to withdraw prosecutions based on legal advice, or as a result of a changes in circumstances or personnel of a business or the operator of a business, or because of a satisfactory resolution of the original issues that were the subject of the prosecution or, where appropriate, on humanitarian or compassionate grounds.  My Department takes its prosecutorial functions very seriously and exercises prudent and careful judgement in deciding how best to manage prosecutions brought in the name of the Minister for Agriculture, Food and the Marine.

The Department does not comment in detail on individual cases.

Comments

No comments

Log in or join to post a public comment.