18 Dec 2014, 16:34
The Oireachtas Joint Committee Agriculture, Food and the Marine has called for the new Investigations Division of the Department of Agriculture, Food and the Marine to draw up a charter outlining the rights of anyone under investigation and present this charter at the onset of any investigation.
18 December 2014
The Committee deems the legal rights of individuals under investigation to be of utmost importance, and is concerned that they are not being routinely informed of their right to legal counsel.
The Committee agreed to a series of recommendations in recent days, which were sent to Minister Simon Coveney TD for his consideration last night.
The Committee stressed the importance of the principle of ‘innocent until proven otherwise’ and is seriously concerned at the alleged heavy-handed approach previously adopted during some Special Investigations Unit (SIU) cases. Consequently, the Committee believes that an independent inquiry should be conducted into the operations of the old SIU and, in particular, into the court cases dismissed.
The Committee is also concerned that Department staff who participated in investigations in the old Special Investigations Unit (SIU) will be involved in the new Investigations Division irrespective of the outcomes of any inquiries.
Other recommendations to Minister Coveney include that:
• the Investigations Division possess no authority to determine Direct Payments.
• Gardaí be notified in cases of threats to Department Officials
• Department Officials about whom complaints are being made be deemed innocent of wrongdoing until proven otherwise.
• court cases be initiated only when necessary, and that a common sense approach be taken to minimise the time spent in court by all parties.
Committee Chairman Andrew Doyle TD: “With food and drink exports topping €10 billion in 2013, it is vital that strong controls are in place to protect and enhance the reputation of our Agri-food sector. It is also vitally important is that farm families can have confidence that the infrastructure in place safeguarding these standards is robust, impartial and proportionate. At a meeting earlier this month, Committee Members expressed grave concern about the activities of the old SIU, and are keen that trust is secured as the new division finds its feet. Consequently, the Committee has written to Minister Simon Coveney TD to impress on him the importance that individuals be informed of their legal rights at the onset of any investigation.”
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