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Animal Welfare

Dáil Éireann Debate, Tuesday - 16 November 2021

Tuesday, 16 November 2021

Questions (682)

Matt Carthy

Question:

682. Deputy Matt Carthy asked the Minister for Agriculture, Food and the Marine the persons deemed responsible by his Department for maintaining the well-being of the herd and ensuring animal welfare in the event of no keeper being appointed to a herd while succession regarding an estate has yet to be determined; and if he will make a statement on the matter. [56068/21]

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Written answers

If a keeper, who is not in the role of ‘Herdowner’ dies, the herdowner is required to nominate a new keeper.

If a keeper, who is in the role of ‘Herdowner’ dies, and legal succession is not established, the role of herdowner can only be assigned when all legal documentation has been provided to my Department.

Under S.I. No. 58 of 2015 Animal Health and Welfare (Bovine Tuberculosis) Regulations 2015, Regulation 3(4) a person who has a beneficial interest in a herd but who is not the keeper may register an interest in the herd in the manner set out by the Minister and shall provide documentary evidence to support the registration of interest when requested.

Therefore, it is open to Personal Representatives to register an interest in the herd by writing to my Department through their solicitor confirming that s/he is acting as representative of the deceased and that Probate or Letters of Administration are being taken out in favour of the applicant and indemnifying my Department against any damages or claims arising from the assignment of the herd-number to their client.

In accordance with Regulation 3(7), where it appears to the Minister that the identity of the herdowner or keeper cannot reasonably be ascertained or the herdowner or keeper is not suitable, the Minister may nominate a natural person to act as keeper of that bovine and the person so nominated shall fulfil the function of a keeper.

In addition, as provided by the Animal Health and Welfare Act 2013, where an authorised officer has reasonable grounds for believing, for example, that an offence is being or has been committed under the Act, or where there is a risk of disease or a disease is present on any land or premises, the officer may, among other things, seize and detain animals.

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