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Milk Quota.

Dáil Éireann Debate, Wednesday - 26 January 2005

Wednesday, 26 January 2005

Questions (559, 560)

Michael D. Higgins

Question:

623 Mr. M. Higgins asked the Minister for Agriculture and Food if she will take steps to bring to a conclusion matters with which her Department was dealing as far back as 1983, and on which representations were made to her in 2004 in relation to the complex issues that need to be brought to a conclusion to enable the farming practices of a person (details supplied) to be vindicated and to continue; and if she will take on an initiative in this matter to achieve a just and final solution in the interests of all concerned. [34196/04]

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Written answers

The undertaking referred to relates to a written undertaking given by my Department in 1997 to the named person. This undertaking has been complied with in full. Arising from this undertaking, a comprehensive review of the named person's milk quota related issues took place in 1997. As a result of this review, which included a series of meetings with the named person, my Department granted a substantial allocation of permanent and temporary milk quota to the named person. The amounts concerned far exceeded any allocation ever given from the national reserve. These additional allocations were part of a full and final settlement offer made to the named person in writing by my Department. This offer was accepted in writing by the named person.

Any outstanding issues relating to an alleged reduction in the named person's milk price and loss of winter milk bonus are entirely a matter between the named person and his milk purchaser. Despite receiving the permanent and temporary additional milk quota allocations to which I have referred, the named person issued proceedings against my Department and a third party in 2003. As a result, it would not be correct of me to comment further on these issues other than to confirm that my Department has dealt very generously with the named party since 1997.

Michael D. Higgins

Question:

624 Mr. M. Higgins asked the Minister for Agriculture and Food if she will make a statement on the implementation of an undertaking given to examine the milk quota situation, possible super levy obligations, compensation for reduced price and non-payment of milk bonuses, to a person (details supplied), and referred to in a letter from an official of hers of 13 March 1997; if such implementation has taken place; and if she has plans to reach a conclusion on this matter. [34197/04]

View answer

The matters referred to in the question relate mainly to litigation undertaken by the person named in the 1980s and specifically to two judgments of the High Court and Supreme Court, delivered in 1985 and 1988 respectively. My Department was not a defendant in this litigation.

Despite the resolution of this litigation in 1988, in favour of the person named, he has continued to pursue certain matters with my Department and indeed other Departments, which he claims are associated with this long concluded litigation. Arising out of the contacts with my Department, substantial allocations of permanent and temporary milk quota were made to the person named. These additional allocations were part of a full and final settlement offer made to the person named and accepted by him. The recent representations made by the person named in 2004 are in reality an attempt to re-open the litigation, concluded in 1988. It was open to the person named to issue proceedings against my Department concerning these issues within six years after the conclusion of the litigation in 1988, which he failed to do.

Proceedings, which may be statute barred, were issued by the person named in 2003 against my Department and a third party on issues connected with allocations of milk quota and other related matters. My Department is fully defending these proceedings.

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