Dáil Éireann Debate, Wednesday - 24 March 2004
40 Dr. Upton asked the Minister for Agriculture and Food if he intends to review the powers of the SIU of his Department; his views on whether it is appropriate that in the event of a dispute, his Department should investigate itself; his further views on whether it is appropriate that an external agency should be responsible for the resolution of disputes; and if he will make a statement on the matter. [9155/04]
Amharc ar fhreagraThe remit of the SIU is to assist different areas of my Department in the implementation of various schemes and in particular to investigate breaches of legislation governing animal disease control; identification and smuggling; animal medication; the production, processing, handling, trading or otherwise handling of animals, carcases or meat intended for human consumption or the manufacture or trading of feeding stuffs.
Staff of the SIU are departmental officers who operate fully in accordance with the provisions contained in a range of national and EU legislation. Their activities have formed the basis for almost all of the successful court prosecutions which in itself is clear evidence of the legalities of the actions taken and the integrity of the procedures applied. The investigative procedures comply 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 the usual type of criminal investigation carried out by the Garda. On occasion, investigations by the unit involve the use of search warrants, with all the rules of evidence being complied with. Interviews are carried out under caution and statements are prepared for use in court by counsel on behalf of the Department.
A formal code of practice relating to the SIU's operations which codified existing guidelines has recently been finalised. While this provides that in the first instance, complaints will be dealt with through line management and if necessary subsequently through the quality service unit, complainants also have recourse to third party bodies such as the Ombudsman's office and, if necessary, the courts.
The reality is that the majority of farmers and others in the agri-food sector comply with the law and therefore have no reason to be concerned with the activities of the SIU. Indeed the operation of the SIU is protecting the interests of farmers generally and the reputation of the Irish food industry from the malpractices of the few. In the circumstances, I have no proposals to amend the powers exercised by officers of the SIU.
