Dáil Éireann Debate, Thursday - 27 March 2014
165. Deputy Finian McGrath asked the Minister for Agriculture, Food and the Marine if he will examine in respect of litigation involving a person (details supplied) in County Kildare, the position of the settlement due to this person; the total cost to the State to date, including legal costs in this matter; and if he will make a statement on the matter. [14456/14]
View answerThis case relates to a claim in respect of a 1997 Supreme Court Judgment on the implementation of the Milk Quota Regulations which ruled that the Minister erred in failing to establish a National Reserve allocation for farmers who operated in special circumstances (e.g. developing farmers). The claim involved over 200 farmers but a settlement ruling by Ms Justice Laffoy in March 2001 was accepted by the vast majority of claimants. All of the outstanding cases have now been finalised and all settlements discharged, with the exception of the case being referred to by the Deputy.
In relation to this case agreement was reached in January 2012 between the Chief State Solicitors Office, on behalf of my Department, and the legal representatives of the person named by the Deputy through the High Court mediation process, with Mr Patrick McCarthy SC as mediator. However due to ongoing delays by the person named, in signing off on the settlement terms, they have not yet been enacted by my Department.
Consequently, given that the case is still the subject of live legal proceedings, it would not be appropriate for me to make any further comments, other than to say that if the person named wishes to get additional information on the current status of the case, he should ask his solicitor to contact the Chief State Solicitor’s Office with a view to bringing the proceedings to a close.
All legal costs relating to my Department are borne by the Chief State Solicitors Office.
