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Wednesday, 24 Mar 2021

Written Answers Nos. 1979-2002

Wildlife Control

Questions (1979)

Jackie Cahill

Question:

1979. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine when the deer management forum last met; and if he will make a statement on the matter. [14915/21]

View answer

Written answers

In 2015, my Department, together with the Department of Culture, Heritage and Gaeltacht, published Deer Management in Ireland – A Framework for Action, which recommends a series of actions on deer management and conservation in a number of areas, including addressing the impact of deer in places where they are abundant.

The Irish Deer Management Forum was established to implement the various actions listed in the Report.  The forum last met in March 2018. The Forum itself comprised representatives from the main stakeholder areas such as landowners, forestry, hunting and conservation organisations, as well as representatives from both Departments.   

The Report provides for a review of the workings of the Irish Deer Management Forum after three years.  Both my Department and the Department of Housing, Local Government and Heritage, which is the parent Department of the NPWS, are in the process of examining the future direction of the Forum and its aims in the context of representation on the Forum as well as funding mechanisms.

Tuberculosis Eradication Programme

Questions (1980)

Jackie Cahill

Question:

1980. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of badger vaccinations for TB that have been carried out in the past five years, by county; and if he will make a statement on the matter. [14916/21]

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Written answers

In 2018, a policy of vaccination of badgers against tuberculosis (TB) was added as an integral part of the bovine TB eradication programme following successful field trials carried out in Ireland. Given the technical expertise and logistics involved, it took several months to scale up the badger vaccination programme. From a rate of approximately 1,000 badger vaccinations per year during the field trials in the years up to 2018, the number of badgers vaccinated annually reached over 3,000 in 2020.

Every badger in the vaccination area is now being recorded electronically when and where it is captured and vaccinated.  Over time, this will lead to more information regarding badger movements and survival.  In 2020, 68% of badgers being captured in vaccination areas were new captures and were not vaccinated previously.  This is expected to fall over time as greater population penetration is achieved.  In Waterford, where trials were carried out for years prior to badger vaccination being adopted as policy, approximately 50% of all badgers captured in the vaccination area were previously vaccinated.  This indicates very good penetration of the resident population with vaccination.  Of the 4,698 badgers that were captured in the vaccination area nationally last year, 3,004 were vaccinated with BCG, 258 were removed for bovine TB epidemiological reasons, 885 had been previously vaccinated and three  were euthanised for health reasons.

Our capturing season finishes at the end of May every year when capturing badgers ceases due to low success rates during the Summer warm months.  It must also be noted that badger removal is prioritised in any given Regional Veterinary Office when an area subject to an active TB breakdown in cattle needs to be urgently addressed.  Therefore, badger vaccination efforts vary from region to region at different times of the year based on disease risk and disease priorities.

As the badger vaccination programme has just been scaled up effectively since 2019, detailed data is only available for 2019 and 2020 rather than the past five years. Up to 2018, badger vaccination was only carried out in areas which were part of the field trials, which have been described in the scientific literature.

County

Badgers vaccinated in 2019

Badgers vaccinated in 2020

Carlow

0

39

Cavan

42

44

Clare

0

0

Cork

131

252

Donegal

29

105

Dublin

11

0

Galway

103

137

Kerry

21

186

Kildare

0

184

Kilkenny

320

409

Laois

36

151

Leitrim

0

20

Limerick

18

110

Longford

67

141

Louth

55

189

Mayo

27

161

Meath

9

34

Monaghan

62

89

Offaly

43

91

Roscommon

65

88

Sligo

0

0

Tipperary

155

270

Waterford

189

165

Westmeath

0

0

Wexford

0

109

Wicklow

8

30

Annual total

1,391

3,004

Tuberculosis Eradication Programme

Questions (1981)

Jackie Cahill

Question:

1981. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of badger post-mortems for TB that have been carried out in the past five years, by county; and if he will make a statement on the matter. [14917/21]

View answer

Written answers

The following table sets out the number of badgers submitted for post-mortem examination on a county basis over the past five years. 

Table 1 Badger Post Mortem Examination by County 2016-2020

County

2016 - 2020

Carlow 

610

Cavan 

1,320

Clare 

2,048

Cork 

2,676

Donegal 

29

Dublin 

253

Galway 

1,204

Kerry 

1,343

Kildare 

650

Kilkenny 

613

Laois 

546

Leitrim 

1,302

Limerick 

941

Longford 

176

Mayo 

28

Meath 

697

Monaghan 

632

Offaly 

819

Roscommon 

1,105

Sligo 

658

Tipperary 

2,148

Waterford 

643

Westmeath 

932

Wexford 

1,311

Wicklow 

1,408

Tuberculosis Eradication Programme

Questions (1982)

Jackie Cahill

Question:

1982. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine the number of deer post-mortems for TB that have been carried out in the past five years, by county; and if he will make a statement on the matter. [14918/21]

View answer

Written answers

This information requested by the Deputy is not readily available.  It is being compiled and will be sent directly to the Deputy as soon as is available.

Animal Culls

Questions (1983)

Jackie Cahill

Question:

1983. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if his Department plans to cull mink in Ireland; and if he will make a statement on the matter. [14919/21]

View answer

Written answers

The Programme for Government 2020 contains a commitment regarding the prohibition of fur farming and Department officials have been working on appropriate steps to give effect to this.  My Department is in the final stages of drafting a Bill to provide for the  introduction of a ban on fur farming which will include a prohibition on mink farming.

The Bill will make it illegal for any new fur farms to be established and will provide for the closure of the small number of existing farm operations.

Tuberculosis Eradication Programme

Questions (1984)

Jackie Cahill

Question:

1984. Deputy Jackie Cahill asked the Minister for Agriculture, Food and the Marine if his Department plans to take on more staff in order to vaccinate deer for TB; and if he will make a statement on the matter. [14920/21]

View answer

Written answers

The new TB Strategy, which is informed by the recommendations of the TB Forum and which will be delivered with ongoing stakeholder involvement through the TB Forum, includes, among many other matters, addressing stakeholder concerns regarding deer and TB.  Where there are local concerns that deer may be involved in spreading TB, farmers may arrange to have deer culled and my Department will test those deer for TB free of charge through the Regional Veterinary Laboratory network.

Animal Diseases

Questions (1985)

Matt Carthy

Question:

1985. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the number of confirmed cases of scrapie in each of the years 2016 to 2020 and to date in 2021, by county, in tabular form; and if he will make a statement on the matter. [14951/21]

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Written answers

Scrapie is a compulsorily notifiable disease in Ireland.  Under the Active Surveillance Programme, 21,688 scrapie tests were carried out in 2020, comprising of 9,251 sheep tested at slaughter plants; 12,200 fallen sheep at knackeries, with a further 114 sheep at Local Authority plants; 30 sheep at Regional Veterinary Labs and 93 fallen goats at knackeries.  

There have been 24 confirmed scrapie cases to date since 2016. These cases are broken down by county in the table below.

Table

Animal Diseases

Questions (1986)

Matt Carthy

Question:

1986. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine if his attention has been drawn to the fact that scrapie is causing issues in the movement of animals between Ireland and Northern Ireland; the actions his Department is taking to address such matters; and if he will make a statement on the matter. [14952/21]

View answer

Written answers

Under the Northern Ireland Protocol, Northern Ireland is treated as if it were a Member State of the European Union and the same rules continue to apply to scrapie controls as have done for the past number of years.

GLAS Issues

Questions (1987)

Michael Ring

Question:

1987. Deputy Michael Ring asked the Minister for Agriculture, Food and the Marine the status of a payment for a person (details supplied); and if he will make a statement on the matter. [14994/21]

View answer

Written answers

The person named was approved into GLAS 2 and has received payments for scheme years 2016 – 2019 and the 2020 Advance payment.

Following the outcome of an internal review, the person named is due outstanding payments in respect of the commonage action. Processing of the outstanding payment is currently at an advanced stage. They will be notified as soon as the payment is ready for processing.

Agriculture Scheme Data

Questions (1988)

Brendan Griffin

Question:

1988. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine the number of farmers in County Kerry who have had penalties applied to their direct 2020 payments as a result of gorse fires on commonage; and if he will make a statement on the matter. [14999/21]

View answer

Written answers

Where land is burned between the period of 1st March and 31st August of any given year, it is not in a state suitable for an agricultural activity such as grazing or cultivation and, therefore, it is not eligible for payment under the Basic Payment Scheme (BPS), except where controlled burning is carried out.  My Department actively investigates incidents of illegal burning using satellite imagery.  Applicants who do not remove ineligible features, such as land burned during the period 1st March to 31st August, from their BPS applications, may have an over claim(s).

As a result of the processing of such cases carried out by my Department, 29 farmers in Kerry have incurred penalties/reductions on their 2020 BPS payments as a result of having burnt commonage parcels declared on their 2020 BPS applications.

Forestry Sector

Questions (1989, 1992)

Michael Lowry

Question:

1989. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine the capacity output if the number of licences issued for afforestation, roads and private felling per week by the forest service of his Department as reflected in the weekly dashboard is not capacity output under its current resources; and if he will make a statement on the matter. [15011/21]

View answer

Michael Lowry

Question:

1992. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine if the number of licences issued for afforestation, roads and private felling per week by the forest service of his Department as reflected in the weekly dashboard is the actual capacity output of his Department under its current resources; and if he will make a statement on the matter. [15014/21]

View answer

Written answers

I propose to take Questions Nos. 1989 and 1992 together.

The Department has invested heavily in both ecologist and forestry Inspector resources over the last 18 months in order to meet the needs of the licencing system. We now have 21 full time equivalent  ecologists where previously we had one just 18 months ago. This has resulted in a significant improvement in the licencing output with, for example, almost three million m3 of felling licences issuing from last October to January. Similarly, roads licences have improved considerably compared to the same months last year and 50% of the target for 2021 has already been licenced by mid-March.

We acknowledge that the progress that has been made needs to be improved and sustained. Consequently, we are implementing internal changes to improve output including training, increased assistance to ecologists in the preparation of files, improved IT resources for ecologists and other system improvements. In addition, we are engagement intensively with the sector who also have a role to play by is focusing on improvement in the quality and consistency of applications and subsequent information including NISs.

Through Project Woodland, there is now a dedicated working group around the Backlog and establishing KPIs and a separate working group is charged with examining our internal processes that includes an end-to-end review of systems to ensure that they are made more efficient and are environmentally robust. We are recruiting project management and systems analyst expertise to assist in this process.

Overall, we have set ourselves a target of issuing 4,500 new licences this year which would be a 75% increase on last year, This is a massive undertaking but I believe it is possible to achieve with the collaboration of all.

Forestry Sector

Questions (1990, 1993)

Michael Lowry

Question:

1990. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1016 of 10 March 2021, if he is stating that the forestry sector is not a relevant stakeholder with regard to the CAP strategic plan; if the forest sector, which is a section of his Department, is not a part of the CAP process regardless of the way in which it is funded; and if he will make a statement on the matter. [15012/21]

View answer

Michael Lowry

Question:

1993. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1016 of 10 March 2021, if his attention has been drawn to the fact that he has excluded the entire private forestry sector and appears to be reliant on his officials who have presided over the demise of the current forestry programme under the current CAP in his reference to all relevant stakeholders; and if he will make a statement on the matter. [15015/21]

View answer

Written answers

I propose to take Questions Nos. 1990 and 1993 together.

As already advised, the forestry programme will be delivered entirely separately from the CAP Strategic Plan (CSP) and will be subject to new State Aid rules rather than the requirements of the CSP regulations.

There are a number of stakeholder groups active at the moment inputting to both the CAP, Agri-Food Strategy 2030 and Forestry Programme processes amongst others. All of these processes have both stakeholders inputting directly and public consultation phases, so there is maximum opportunity for interested persons to make their views known.

The interlinkages between these two significant programmes of CAP and forestry is well understood and is, I believe, very much catered for.  The Forestry Policy Group is the primary stakeholder group which will input into forestry policy development for the next Forestry Programme. 

Various stakeholder organisations have representation on both the CAP post-2020 Consultative Committee and the Forestry Policy Group to further enhance coherence between both policy areas.  Similarly, my Department is well coordinated internally to ensure that all of the relevant issues are included in these issues. My Department is engaging bilaterally also with the forestry sector on the CAP for this reason. 

In addition, the newly-launched Project Woodland, which among other things looks to the development of woodland creation into the future, provides a dedicated Working Group for the preparation of a  new Forestry Strategy for Ireland. This Working Group, chaired by Dr. Matt Crowe and with a representative membership of external stakeholders, seeks to develop a shared cross-society vision for the role of trees, woods and forests in Ireland's future. 

I would like to re-iterate my commitment to a strong CAP Strategic Plan and to an ambitious successor to the Forestry Programme, both of which I would see as delivering for farmers, rural communities and for society as a whole.  I also reiterate my commitment to better integration between both of these policies as envisaged in the Programme for Government and would encourage all stakeholders to make their views known on these important processes as they progress.

Forestry Sector

Questions (1991)

Michael Lowry

Question:

1991. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1014 of 10 March 2021, his views on whether not including afforestation initiatives in the pilot agri-environment scheme will further disincentivise afforestation among the farming community; if his attention has been drawn to the fact that the GLAS and afforestation schemes were and remain competing schemes and were not complementary to each other and that this fact contributed significantly to the demise of the afforestation programme; and if he will make a statement on the matter. [15013/21]

View answer

Written answers

Forestry will play an important role in meeting our environmental objectives under the Climate Action Plan and on biodiversity as outlined in the Programme for Government.  It is for this reason the  Department is focusing on afforestation applications.  I am mindful of the seasonality associated with afforestation and  while other forestry licence types will continue to issue, afforestation will be the priority.  

While GLAS does not include forestry actions, parcels not in GLAS can be considered for afforestation.  Similarly, the new Results-based Environment-Agri pilot Project (REAP) will not be a whole-of-farm project. Fields not included in REAP will remain eligible for other uses. REAP will trial the results based model on a national scale with a view to upscaling under the next agri-environment scheme which will follow on from GLAS. Indeed, it is very likely that the REAP scheme will also include tree-planting actions as an option for participating farmers thus emphasising the link between agri-environment measures and tree-planting.

The new CAP Regulation aims to increase the environmental and climate ambition of Member States.  This provides opportunities to support tree planting and farm forestry, as part of a sustainable farming model, and such options will be explored.  Forestry can  provide a complementary and supplementary activity to schemes on farms and my officials are in discussions to ensure that there is integration between the CAP Strategic Plan and the next Forestry Programme.

Question No. 1992 answered with Question No. 1989.
Question No. 1993 answered with Question No. 1990.

Departmental Staff

Questions (1994)

Michael Lowry

Question:

1994. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine the number of weekly full-time equivalent ecologists working in the forest service of his Department since June 2019 including the ecologists who are subcontracted by the service; and if he will make a statement on the matter. [15017/21]

View answer

Written answers

The Department has invested heavily in both ecologist and forestry Inspector resources.  The ecology resource are both full time Department ecologists, most of whom have been recruited in the last year and contract ecologists. The numbers in the table below are full-time equvalent.

The following table sets out the ecologist resources that have been working with the Department since June 2019.    

Date

No. of ecologists (Full-Time equivalents)

2019 June  

2019 September  

1.5 

2020 January  

2020 March 

2020 April 

2020 June 

10 

2020 July 

13 

2020 August 

14 

2020 September 

17 

2020 December 

20 

2021 February 

21 

Forestry Sector

Questions (1995)

Michael Lowry

Question:

1995. Deputy Michael Lowry asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1015 of 10 March 2021, if he will review the answer provided given that the question did not ask for the departmental target but the number of licence and scheme approvals his Department must issue each year in order to deliver on targets; if he is stating that the target of 4,500 new licences in 2021 is sufficient to meet targets for forestry; and if he will make a statement on the matter. [15018/21]

View answer

Written answers

As mentioned in my previous answer on this issue, the Climate Action Plan 2019 sets the target for afforestation at 8,000 ha per annum and the target of forest roadworks at 125km per annum. While there are no specific targets for felling, the COFORD Roundwood Forecast predicts a potential harvest of 4.1 million cubic metres in 2021. 

As noted, the Department has committed to issuing 4,500 forestry licences this year.  While we have not set individual targets for each type of licence based on the proportion of licences issued in 2020,  we could surmise that approx. 65% of these will be tree felling licences, 20% will be for afforestation and the balance for forest roads. These figures, of course, must be treated as an  estimate of how output will break down across the licensing categories.

Based on this estimate, we could expect that sufficient  felling licences will issue this year to ensure continued supply of timber to the sawmills.  Coillte has already received nearly 100% of its licensing requirements for 2021.  As Coillte’s timber output supplies 75%-80% of sawlog, the balance will be delivered though private felling licences that will issue throughout the year. 

As regards roads, my Department has already issued forest road licences for 65km so far this year which is already over half the target of 125km set out in the Climate Action Plan 2019.  It is, therefore, expected that the road licences issued for the remainder of the year will exceed this target.

Regarding afforestation, based on the above estimate, around 900 licences could issue this year, which we would expect to represent over 5,000 hectares. This allied to the 4,500 hectares already licenced and ready for use will give the sector sufficient volume to help meet the 8,000 ha target.  It is up to landowners to decide to plant, once they have received approval to do so, but arranging financial approval is a straightforward process completed by their registered forester, before proceeding to plant. It is a matter for all stakeholders to utilise the licences available and I would encourage all stakeholders to do so.

Livestock Issues

Questions (1996)

John McGuinness

Question:

1996. Deputy John McGuinness asked the Minister for Agriculture, Food and the Marine if a comprehensive account will be provided of the actions taken to date by his Department to resolve all of the issues associated with the DNA tests of a herd in the name of a person (details supplied); the outstanding matters including DNA tests that have to be dealt with; the timeline for the completion of this work; if the suspension of the herd will be lifted as a matter of urgency; and if he will make a statement on the matter. [15059/21]

View answer

Written answers

Discrepancies have been identified in the herd of the person named in relation to bovine animal identification and registration over the last number of years.  As a result of these findings, it was necessary to suspend the trading status of the herd. Correct identification and registration of bovine animals is a legal requirement under EU and Irish law.

My Department officials have continued to engage with the herd keeper over the last number of years to try to resolve the situation.  DNA testing has now been completed on the relevant animals and all results of DNA tests have been received.  My Department officials have given a significant amount of time to addressing the problem of unregistered cattle in this herd.  The majority of animals have now been registered, however some correlations remain outstanding.

A letter issued to the Herdkeeper recently detailing the outstanding discrepancies and seeking correlation by the Herdkeeper to resolve the outstanding queries.  Once this information has been received from the Herdkeeper, the remaining animals can be registered and the suspension lifted on the herd.

Nitrates Usage

Questions (1997)

Éamon Ó Cuív

Question:

1997. Deputy Éamon Ó Cuív asked the Minister for Agriculture, Food and the Marine the steps he plans to take to prohibit intensive farmers who face difficulties complying with the nitrates directive renting land in hill and mountainous areas (details supplied); and if he will make a statement on the matter. [15080/21]

View answer

Written answers

The Department of Housing, Planning, Local Government and Heritage are the competent authority for the Nitrates regulations in Ireland.

My Department undertake the required level of inspections to meet Common Agricultural Policy commitments. During any inspection, including land eligibility inspections, where it is found that land is not being used by the claimant, this land is deemed ineligible for payment and farmers claiming such land may see a penalty applied to all their EU-funded payments.

In these cases, this area cannot be used to calculate the applicants stocking rate under nitrates regulations.

Departmental Transport

Questions (1998)

Duncan Smith

Question:

1998. Deputy Duncan Smith asked the Minister for Agriculture, Food and the Marine the number of vehicles owned or leased and operated by his Department and agencies and semi-State companies under his remit, broken down by the number of ICE and non-ICE vehicles and fuel category, that is, petrol, diesel, hybrid, plug-in hybrid, electric and so on; and if he will make a statement on the matter. [15113/21]

View answer

Written answers

I wish to inform the Deputy that there are a total of 128 vehicles owned or leased and operated by my Department.  All are ICE vehicles, of which 123 are diesel and five are petrol.

As regards the 12 State Bodies under the aegis of my Department, the information requested is an operational matter for the State Bodies themselves. I have referred the Deputy’s question to the Agencies and have requested that a response should issue within 10 days.

Forestry Sector

Questions (1999, 2007)

Michael Healy-Rae

Question:

1999. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 1003 of 10 March 2021, the analyses and studies his Department relied on when arriving at the decision to make this change (details supplied); and if he will make a statement on the matter. [15135/21]

View answer

Michael Fitzmaurice

Question:

2007. Deputy Michael Fitzmaurice asked the Minister for Agriculture, Food and the Marine if a copy of the reply to a question at the Joint Committee on Agriculture and the Marine will be provided to this Deputy (details supplied); and if he will make a statement on the matter. [15166/21]

View answer

Written answers

I propose to take Questions Nos. 1999 and 2007 together.

A decision was made to restrict the planting of unenclosed land in December 2010.

Enclosed land is, in general, more fertile and less exposed than unenclosed land and trees planted on enclosed land generally perform much better than trees planted on soil types associated with unenclosed land. This position is supported by many publications including ‘Sitka spruce in Ireland, Joyce, P.M. and OCarroll, N. 2002, and by ‘The distribution and productivity of Sitka spruce (Picea sitchensis) in Ireland in relation to site, soil and climatic factors’. Farrelly N. et al 2009. and the Code of Best Forest Practice - Ireland (2000).

Prior to the decision to restrict planting of unenclosed land, a number of well-known studies supported the position that habitat types associated with unenclosed land are more environmentally sensitive than enclosed land. For example, various studies including ‘Phosphorus release from forest harvesting on an upland blanket peat catchment by Rodgers et al in 2010 established that peat soils do not buffer phosphate in the same way mineral soils do and that there will be a release of phosphate into receiving waters post-harvesting, even with the installation of protective setbacks along watercourses.

Concerns also existed in relation to the importance of unenclosed land for forging and breeding by a wide range of protected bird species (e.g. Hen harrier). Similarly, concerns existed in relation to undesignated Annex 1 habitats such as wet and dry heath, and highly endangered protected species such as freshwater pearl mussel, whose lifecycle is dependent on natural habitats typically associated with unenclosed land. Such environmental issues were discussed at this time with the European Commission.

At the time, another consideration was the fact that many plantations on unenclosed land that received grant and premium aid failed and the Department often engaged with the applicant to recoup the monies paid. This was a difficult process for the Department and the applicant.

The planting on unenclosed land will be reviewed in the context of Project Woodland.

Beef Industry

Questions (2000)

Violet-Anne Wynne

Question:

2000. Deputy Violet-Anne Wynne asked the Minister for Agriculture, Food and the Marine the bodies that make up the membership of an organisation (details supplied); the bodies that make up the list of individual bodies represented by the organisation at the beef task force meetings; if the minutes of the task force meetings will be made public; if all members of the organisation are also members of a confederation; and if he will make a statement on the matter. [15145/21]

View answer

Written answers

The Department does not maintain membership lists of stakeholder representative groups as this is a matter for the groups concerned. 

There is a specific page on my Department's website dedicated to the Beef Taskforce at https://www.gov.ie/en/collection/1a060-beef-taskforce/. This page contains all relevant documents pertaining to the work of the Taskforce to date, including the agreement reached on 15 September 2019, the Terms of Reference for the Taskforce, minutes of meetings, when agreed, and updates on actions arising out of the agreement to date.

Departmental Legal Cases

Questions (2001)

Catherine Murphy

Question:

2001. Deputy Catherine Murphy asked 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]

View answer

Written answers

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.

Departmental Legal Cases

Questions (2002)

Catherine Murphy

Question:

2002. Deputy Catherine Murphy asked 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]

View answer

Written answers

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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