Prosecutions

Mr. Hollobone
To ask the Secretary of State for Environment, Food and Rural Affairs what recent legal advice his Department has sought on the legitimacy of recent prosecutions in Northamptonshire for (a) deception in relation to the beef special premium scheme contrary to section 1 of the Criminal Attempts Act 1981 and (b) knowingly or recklessly providing false information regarding the date of birth of an animal contrary to Regulation 5 (2) of the Cattle Database Regulations 1998, made pursuant to section 2 (2) of the European Community Act 1972.

Barry Gardiner
No advice has been sought recently regarding specific prosecutions in Northamptonshire.

The Department has concluded that convictions under the Cattle Database Regulations 1998 may be unsafe due to problems with cross-references to links to European legislation. My right hon. friend the Secretary of State made a written ministerial statement on 15 June 2006, Official Report, column 67WS. stating this was a matter for the courts to decide. Defendants to prosecutions brought by the Department have been alerted to the issue by letter and informed they may challenge their convictions at court if they wish to do so.