Fergus O'Dowd
Ceist:115 Mr. O'Dowd asked the Minister for Agriculture and Food if he has implemented a code of practice for the special investigation unit of his Department; and if he will make a statement on the matter. [25461/03]
Other Questions. - Departmental Investigations.
This question should be placed in its proper context. The Department has responsibility for a substantial sector of the economy and, correspondingly, for public health and animal welfare, and for ensuring that we meet international trading requirements. In discharging its responsibility, the Department operates a wide range of programmes involving the control and eradication of disease and the supervision of food and foodstuff production. Traceability is an essential element of these programmes. The Department officials primarily involved in administering these programmes are assisted in their work by officials from the Department's special investigation unit.
The special investigation unit was originally established to deal with serious practices and problems relating to the use in animal production of illegal substances such as hormones and angel dust. Its work in this area has resulted in the successful prosecution of more than 220 people since 1996 for offences under the animal remedies legislation, of whom 67 received custodial sentences. Fines of €870,000 were also imposed. The effectiveness of the actions taken is evidenced by the ongoing overall low levels of positive samples and the absence of residues of growth promoters in targeted testing in recent years under the national residue monitoring plan.
The remit of the special investigation unit extends to assisting different areas of my Department in the operation of various schemes and regulations and, in particular, to investigate breaches of legislation governing animal disease control, animal medication, the production, processing, trading or otherwise handling of animals, carcases or meat intended for human consumption, or the manufacture or trading of feeding stuffs. Many of these investigations are conducted jointly with the Garda Síochána and the customs authorities. The special investigation unit assists with inquiries from other public agencies and, similarly, it co-operates with other national enforcement agencies under international mutual assistance arrangements.
Officials in the special investigation unit are departmental officers who operate fully in accordance with national and European Union legislation. Their activities have formed the basis for almost all the successful court prosecutions in recent years which, in itself, is clear evidence of the legality of the actions taken. The investigative procedures comply fully with the standard requirements in regard to the taking and presentation of evidence and the rights of the person or persons being investigated. They follow a similar type of criminal investigation carried out by the Garda.
On occasion, investigations by the unit involve the use of search warrants during which all the rules of evidence are complied with. Interviews are carried out under caution and statements are prepared for use in court by counsel on behalf of the Department. Existing special investigation unit guidelines and operational procedures under headings such as authorisation, legislation, communications, investigations, assistance to other public bodies and customer service are currently being codified.
The reality is that the vast majority of farmers and others comply with the legislative requirements and, therefore, have no reason to be concerned with the activities of the special investigation unit, which fulfils a major role in sustaining and protecting the interests of farmers and the high reputation of the Irish food industry by eliminating the malpractice of the few who operate outside the law.
I thank the Minister of State for his reply and acknowledge the importance of having a special investigation unit. Given the negative impact that interfering with food safety has on the industry, anyone involved in such practices should be debarred from practising or should lose his or her herd number. Notwithstanding this, it is important that the special investigation unit operates under a code of practice. I am delighted, therefore, that its practices and guidelines will be codified. When will the code of practice be introduced?
While I cannot give an exact date, it is being worked on in the Department and I expect that work to be completed in a number of months. Difficulties arise when one gives a date in this House and does not make the deadline. The intention of the Department is to have the matter addressed as quickly as possible.
While I welcome any necessary steps to ensure that people adhere to rules, people must be treated fairly until they are proven guilty. There has been inordinate delays in dealing with some of these files. The process needs to be tightened up to allow people to know where they stand.
I noted from a recent breakdown by county of the special investigation unit's raids since January 2002 that some counties have a significantly higher number of raids than others. What is the reason for this? Are the counties in question less compliant or is the unit more active and enthusiastic in these areas?
One must assume there is more activity in certain counties. The unit, which used to operate from Kildare Street, now operates from a centre in Maynooth and responds to circumstances as they arise. The proof of its success is its record in court cases, which speaks for itself. Convictions have been secured and substantial fines imposed, which proves that this relatively small, but nevertheless effective, unit has done an excellent job and successfully dealt with many difficulties, including the use of angel dust and hormones, the BSE problem and other diseases Deputies have mentioned.
We anticipate that a significant Bill will come before the House next year to establish the unit on a permanent basis. Members will recall that earlier this year I extended by 12 months the relevant Act, which was emergency legislation introduced during the foot and mouth disease crisis. That legislation will be built into the new Bill on which Members will have an opportunity to have their say in the new year.