Dáil Éireann debate -
Tuesday, 29 May 2001

Vol. 537 No. 2

Written Answers. - Bovine Diseases.

John Ellis

Question:

164 Mr. Ellis asked the Minister for Agriculture, Food and Rural Development if he will pay extra compensation to a person (details supplied) in County Sligo who was forced to keep a BSE infected herd for four months after notification of the outbreak; and if he will make a statement on the matter. [15800/01]

Minister for Agriculture, Food and Rural Development (Mr. Walsh)

In general there is no significant delay between the confirmation of a BSE positive case and the depopulation of the herd. A Department valuer normally makes contact with the herd owner shortly after positive confirmation of BSE with a view to valuation of the herd being carried out on an agreed date, usually within two weeks or less of the date of positive confirmation of the disease. In this particular case BSE was confirmed on 23 November 2000 and the herd was initially valued on 5 December 2000. There is no fixed time frame laid down in legislation for the valuation to be agreed. This is largely a matter for the herd owner who may need time to consider the initial valuation or alternatively may wish to avail of the appeals procedure laid down in the Diseases of Animals (Bovine Spongiform Encephalopathy) Amendment) (No 2) Order, 1990. The latter provides for recourse to independent valuation and ultimately to an arbitrator, should the herd owner wish to pursue this course of action.

The person concerned rejected the Department's initial valuation and opted for an independent valuation. Due to a breakdown of communi cation there was a delay in appointing an independent valuer. In recognition of the difficulty created for the herd owner involved my Department arranged for interim part payment of compensation, to be made on 2 February, prior to depopulation. In addition my Department is finalising arrangements for anex gratia payment to be made to the herd owner in recognition of the inordinate and unique delays in this case. An independent valuer visited the herd owner on 25 January 2001. The herd owner also rejected this valuation. A further valuer was appointed and valuation was finally agreed on 14 February. The herd will normally be slaughtered within one week of the conclusion of the valuation process although this can vary having regard to the size of the herd and the capacity in the sole approved slaughtering plant. Payment normally issues within two weeks of receipt of the relevant documentation.

However, in February 2000 there was a delay in a small number of cases, including the person concerned, between the date of the agreement on valuation and actual depopulation of the herd. The delay resulted from a backlog in rendering of depopulated herds because of an increase in the volume of specified risk materials following a Commission decision, which added bovine intestines to the list of SRMs. This virtually doubled the volume of SRMs to be rendered at a time when only one rendering plant, with limited capacity, was approved by the Environmental Protection Agency for the rendering of these materials. However, the Environmental Protection Agency has, since then, approved two additional rendering plants for this purpose and therefore the Department does not anticipate any further untoward delays in completing depopulation.

In view of the particular circumstances in this case, the herd owner received additional compensation for a number of calves born between the date of the herd valuation and the date of depopulation. There is no provision for payment of further compensation in this case.