Corn gluten case for the Supreme Court
About 6,515 tonnes of maize gluten was imported from the US and discharged at Foynes, Co Limerick, on November 9 and Ringaskiddy, Co Cork on November 11.
The feed material and the associated compound feed were recalled and are currently held in secure stores.
Minister Mary Coughlan has told the Dáil in replies to Deputies Jim O’Keeffe (FG) and Dan Boyle (Green) that the feed importer sought a High Court judicial review of the powers used to impound and recall the material.
The judge ruled in favour of the importer on two counts. First, the authorised officers, appointed by the Minister, did not have the necessary powers, under the Irish legislation quoted, to impound and recall the feed. Secondly, the Minister could not prove that the presence of bone in the feed, identified through analytical methods approved by the EU, indicated presence of processed animal protein. However, on the advice of senior counsel and considering the implications of the ruling for EU controls on processed animal proteins, the Minister said her Department has appealed the judgement in the Supreme Court.
“Notwithstanding this, and without prejudice to liability, the importer has submitted a proposal to my Department for disposal of the contaminated material, which involves the export of the material for incineration at a power generation plant”, said Minister Coughlan.
“Officials of my Department have examined and accepted the proposal and it is anticipated that the export of the material will be carried out shortly under strict supervision,” she said.
