The Oireachtas agriculture committee has received legal advice that an inquiry into what happened on the farm of Dan Brennan, Co Kilkenny, is outside its remit.

However, committee chair Jackie Cahill TD said Minister for Agriculture Charlie McConalogue should now sanction and roll out such an inquiry instead.

The committee had held a hearing with Brennan and his representatives on 30 November over the alleged environmental contamination of his farm, which resulted in severe health issues and stunted growth for his livestock.

At the November committee meeting, there was unanimous support from TD and senator members that there should be a full inquiry into Brennan’s story, with Michael Fitzmaurice TD then stating it was “probably one of the worst cases of people being failed by the State I’ve ever seen”.

Investigation

While an inquiry has been taken off the table for the committee, Cahill said there is still “unanimous” support from all members that one should occur.

He described how the committee has written to Minister McConalogue, An Bord Pleanála and the brick company Cement Roadstone.

Oireachtas agriculture committee chair Jackie Cahill TD.

The Tipperary TD said the Minister and his Department should conduct an inquiry, as there needs to be a “full investigation into it” and that there are still a lot of questions to be answered by all stakeholders.

“We’re very frustrated that the legal advice is telling us that we can’t do it. We are still seeing if there is a course of action we can take,” Cahill said.

Case

Brennan’s case, first reported by the Irish Farmers Journal in 2006, saw the farmer have problems with very low milk yields, poor growth rates in stock and some defoliation in hedgerows.

Investigations were carried out by the Department of Agriculture in conjunction with the veterinary school in UCD, the regional veterinary laboratory in Kilkenny and the Environmental Protection Agency (EPA).

Brennan had told the Oireachtas committee how he was made to feel like the extreme health impacts seen in his cattle were down to his farm management, with the Department and UCD investigation initially concluding that the problems lay within the farm gate.

In 2007, Cement Roadstone issued a statement denying any allegations of pollution at the plant.

However, in December 2008, the brick factory in Castlecomer was closed permanently and in the years that followed, Brennan’s farm has recovered.

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