Tipperary TD, Mattie McGrath, has called on the Minister for Agriculture, Food and the Marine to “come clean” on what he has described as an “extraordinary interference” in a recent court ruling.
Last week, it emerged that Minister Charlie McConalogue had brought a High Court challenge involving a ruling against a senior Department of Agriculture, Food and the Marine (DAFM) official relating to animal neglect and welfare issues.
The minister is appealing part of the conviction – a four-month suspended sentence – stating that the maximum penalty allowed under that court’s jurisdiction is a fine.
A DAFM spokesperson said that the minister is not challenging the conviction but is “obliged to bring proceedings before the High Court in order to protect the integrity of the overall conviction”.
But Rural Independent Group leader, Deputy McGrath, said this is “setting a dangerous precedent” and has joined the call for the minister to clarify his actions.
“The intervention by this minister is rather puzzling and frankly unethical. This is especially true, when one considers that the official concerned was also responsible for enforcing animal welfare regulations for the Minister.
“The animal neglect and welfare convictions, given by Sligo District Court in June, were on foot of the minister’s prosecution.”
Deputy McGrath stated that, the DAFM’s management of the entire case was criticised during the the court proceedings, with the DAFM accused of being too lenient in its dealings with the official.
“It is now completely unbelievable that the minister would do an ‘about face’ to have the sentence set aside or quashed, particularly for a senior official in the department who is meant to be overseeing the very matters for which he has pleaded guilty.”
“In all other cases of individuals feeling wronged by the courts, the freedom to appeal to the higher court – in this case, the circuit court – is present.
“However, it appears the minister’s unprecedented intervention of judicially reviewing a case, involving his own senior official, means the department official will not have to lodge such an appeal.
“Last week, while the minister remained silent on this issue, his officials issued a statement, painting the picture that the minister was somehow obliged to take this action to ‘protect the integrity of the overall conviction’.
“If this was, in fact, the case, then we would see many other ministers taking legal proceedings against court rulings on a continued basis. Yet, we know that is not the case. Furthermore, what sets this case apart is that one of the minister’s own employees was the convicted party.”
Deputy McGrath said the minister’s silence is “totally unacceptable” and is calling on Minister McConalogue to make a public statement on this matter.”