Dáil Éireann díospóireacht -
Wednesday, 23 Oct 1996

Vol. 470 No. 5

Written Answers. - Breaches of EU Regulations.

Desmond J. O'Malley

Ceist:

24 Mr. O'Malley asked the Minister for Agriculture, Food and Forestry the steps, if any, he has taken since March 1996, to retrieve from the companies involved, the public funds lost by the State by virtue of the European Commission's fine for breaches of EU regulations in the beef sector; and the amount of the £70 million in fines which has been recouped by his Department from those responsible for the breaches in the first instance. [19423/96]

Peadar Clohessy

Ceist:

35 Mr. Clohessy asked the Minister for Agriculture, Food and Forestry if proceedings have commenced to recoup the sums lost through abuses of the intervention scheme against the companies named in the report of the beef tribunal, other than Shannon Meats, Rathkeale, County Limerick. [19424/96]

Minister for Agriculture, Food and Forestry (Mr. Yates)

I propose to take Questions Nos. 24 and 35 together.

The possibilities of recovering EU disallowances which related to breaches of EU regulations in the beef sector were examined by a group of senior officials from the Departments of Agriculture, Food and Forestry and of Finance and the Office of the Attorney General, assisted by an independent legal adviser. The group furnished its report to the Minister for Finance and to me in March 1996.

The legal advice obtained by the group, and endorsed by it, was that the disallowance levied on Ireland did not of itself give any entitlement to the Minister for Agriculture, Food and Forestry to recover any part of the disallowance from companies who may have featured in the case made against Ireland by the Commission. Any proceedings brought against companies must be based upon a recognised cause of action in Irish law and be proven in accordance with the applicable rules of evidence in civil proceedings.

The Department sought a legal opinion as to whether proceedings could be instituted to recoup any sums lost through abuse of the intervention scheme against companies named in the report of the beef tribunal. This opinion has only recently come to hand and is at present under consideration.