The holding of the person in question was restricted under the T.B. Eradication Scheme during the period 28 September 2006 to the 2 September 2010. However, as a result of concerns raised following a full herd retest carried out on the herd on 2 July 2009, staff in the Department instigated an investigation into the circumstances surrounding a TB herd test conducted in July 2009. Following an investigation by the Special Investigation Unit of the Department, the herdowner was charged with several offences under the Bovine TB and Animal Remedies regulations. He pleaded guilty to a total of 15 offences at the Kilkenny District Court on 1 July 2011 and was convicted and fined.
Under the TB compensation scheme, entitlement to compensation is conditional on owners/keepers complying with the provisions of the Disease of Animals Act 1966, any Orders made under this Act and other national or EU legislative requirements laid down under the disease eradication schemes. In view of the findings of the SIU investigation, which found that the person concerned had committed what constituted “flagrant breaches” as set out in the terms and conditions of the scheme, the Department decided that he was not entitled to any compensation in respect of the removal of cattle as reactors from his herd. The herdowner was advised of that decision on 21 September 2010 and of the option to appeal the decision to the Regional Assistant Principal Officer within 21 days, with further option of appeal to the Agricultural Appeals Office if the initial appeal was unsuccessful. However, he has not availed of these procedures.
The Department’s decision not to pay compensation in this case was supported by his guilty plea in the District Court, although the decision was not conditional on the outcome of the court case. In view of the above, there are no outstanding payments due under the TB schemes for the period concerned.
With regard to payments under the Single Payment scheme, as required under the EU Regulations governing the Direct Payments Scheme, the outcome of the court case was subsequently cross reported to the Cross Compliance Unit of the Single Payment Scheme in July 2011. The offences were deemed intentional breaches of Statutory Management Requirement 11 which concerns Food Hygiene and a 60% penalty was imposed on his 2009 entitlement. A letter notifying the herdowner of this decision issued on the 25th of October 2011. He was also advised of his right to seek a review of the decision and of his right to appeal the outcome of any such review to the independent Agriculture Appeals Office. To date, no such application has been received. In view of the foregoing, all payments due under the Single Payment scheme have been paid to the herdowner in question.
