Written answers
Wednesday, 24 March 2021
Department of Agriculture, Food and the Marine
Departmental Legal Cases
Catherine Murphy (Kildare North, Social Democrats)
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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To ask the Minister for Agriculture, Food and the Marine the process for the way in which a case (details supplied) was withdrawn on 29 January 2020; the identity of the decision-maker; the rationale for the withdrawal of the case; and the persons who endorsed and-or sanctioned the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]
Charlie McConalogue (Donegal, Fianna Fail)
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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 Prosecution cases can be withdrawn for a variety of reasons.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.
Catherine Murphy (Kildare North, Social Democrats)
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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will provide all advice received in respect of a case (details supplied), with the exception of legal advice, that was withdrawn by his Department on 29 January 2020.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]
Charlie McConalogue (Donegal, Fianna Fail)
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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 Prosecution cases can be withdrawn for a variety of reasons.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.
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