Written Answers Nos. 144-163
146. Deputy Éamon Ó Cuív asked the Minister for Justice whether she intends consulting with the Independent Reporting Commission in relation to the reports published recently on the Special Criminal Courts and the Offences Against the State Act 1939; and if she will make a statement on the matter. [33014/23]
View answerAs the Deputy is aware I published the majority report and the minority report of the Independent Review Group appointed to examine all aspects of the Offences Against the State Acts on 21 June following consideration by Government.
Given the importance of the Acts as the State's primary counter-terrorism legislation over many decades, any proposals for reform must be thoroughly considered and approached with the utmost care.
With this in mind, I have asked my officials to consult with other Government Departments, and the bodies most affected, including the Garda Commissioner, the Office of the DPP and the Courts Service to inform the preparation of a substantive response for consideration by Government in due course. I have also asked my officials to consult with the Irish Human Rights and Equality Commission to ensure that a broad human rights perspective is captured.
The Deputy refers to the Independent Reporting Commission (IRC) which was established by the Irish and UK Governments in 2016 by way of an international treaty following the Fresh Start Agreement to facilitate monitoring of the implementation of measures aimed at ending paramilitary activity in Northern Ireland.
The IRC’s functions are to report annually to the Irish and British Governments on the progress towards implementing the commitments of the Fresh Start Agreement on tackling paramilitary activity and associated criminality in Northern Ireland. The Commission submitted its most recent report on 7 December 2022. The Secretary of State for Northern Ireland and I have welcomed their reports which are the subject of discussion between the two Governments as part of the regular meetings of the British Irish Intergovernmental Conference. The last such meeting was held on 19 June in London and included consideration of IRC’s recommendations.
As part of its work the IRC is obliged to engage with a range of stakeholders including the Irish Government. Both my officials and I are committed to constructive engagement with the Commission and have met the Commission on multiple occasions. Most recently, on 21 June I met with the Commission to discuss their valuable work. I remain open to continued engagement with them on any matter they wish to bring to my attention.
147. Deputy Fergus O'Dowd asked the Minister for Justice the pay and any other benefits, including any loyalty payments/bonuses or other benefit-in-kind, of each chief executive of State/semi-State body or other public body under the aegis of her Department for each year since 2020, in tabular form; and if she will make a statement on the matter. [33056/23]
View answerIt has not been possible to collate complete information as requested by the Deputy in the time allowed. I will write to the Deputy directly when the information is to hand.
148. Deputy Richard Bruton asked the Minister for Justice if she would consider allowing non-EU citizens working in Ireland long-term to have a longer lasting residency visa issued to them; if she would facilitate easier access to visitor visas for members of such families; and if she will make a statement on the matter. [33070/23]
View answerI can advise the Deputy that it is open to persons who have been legally resident in Ireland for a minimum of five years as the holder of an employment permit issued by the Department of Enterprise, Trade and Employment to apply for Long Term Residency permission.
To qualify under this scheme, applicants must show legal residency in Ireland based on employment permit conditions as recorded by the corresponding Stamp 1 or Stamp 4 (issued by Immigration Service Delivery) in their passport, or expired Irish Residence Permit (IRP) cards.
Successful applicants are granted a permission that allows them to work in Ireland for a further 5 years without the need for a further employment permit.
Further information on the scheme is available at Long Term Residency - Immigration Service Delivery (irishimmigration.ie).
With respect to visitor visas, each visa application is assessed on its own merits in accordance with the relevant policies and guidelines. I should point out that we have also extended the multi-entry visa option for up to 5 years for all visa required countries. It is open to any applicant to apply for a multi entry visa, which may assist in the circumstances referred to by the Deputy. Multiple entry visas are usually only issued to an applicant who has shown a compliant travel history.
The policy considerations underpinning decisions on applications for multiple entry visas are available here www.irishimmigration.ie/single-multiple-visas/.
149. Deputy Paul Kehoe asked the Minister for Justice how incidents of anti-social behaviour are recorded for data purposes, in tabular form; and if she will make a statement on the matter. [33071/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the recording of information on the Garda IT system. As Minister, I have no role in these matters.
I have been informed by Garda authorities that there is no specific crime incident type available in the PULSE system for anti-social behaviour. Neither is there a specific Irish Crime Classification System (ICCS) crime type identified by the CSO as part of the ICCS.
When An Garda Síochána consider anti-social behaviour, they are generally referring to some, but not all, of the offences contained within the following ICCS categories:
• Group 03 Attempts/Threats To Murder, Assaults, Harassments and Related Offences
• Group 12 Damage To Property and To The Environment
• Group 13 Public Order and Other Social Code Offences.
Crime statistics are published by the CSO for underlying offence types, including for example assault, criminal damage and public order, at Garda Divisional level from Q1 2003 to Q1 2023 and can be accessed at the following link: data.cso.ie/table/CJQ06.
150. Deputy Paul Kehoe asked the Minister for Justice how incidents of knife crime are recorded by category; such as numbers of knife seizures; numbers admitted to hospital due to knife attack and number of homicides due to stabbing or others; and if she will make a statement on the matter. [33072/23]
View answerAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the recording of information on the Garda IT system. As Minister, I have no role in these matters.
I have been informed by the Garda authorities that there is no one specific offence of knife crime as recorded in the PULSE system. When considering trends in knife-related crime, it is important to look at multiple perspectives to get the complete picture.
There are three key perspectives – the number of knives seized, the number of crimeincidents where a knife was involved, and the number of people discharged from hospitalfollowing an assault with a knife.
There are no quick-fix solutions to tackling knife crime. That said, the Government is very conscious of the dangers presented by knife crime. In line with a commitment in the Programme for Government, I established an Expert Forum on Anti-Social Behaviour.The issue of knife crime has been examined by a subgroup of the Forum. The subgroup is assessing available evidence to inform policy on knife crime, with particular reference to effectiveness of proposals, to inform both legislation and community safety policies, programmes and practices.
151. Deputy Paul Kehoe asked the Minister for Justice if the Garda schools programme is ongoing; the number of schools that have been engaged with over the past ten years; whether knife crime awareness and prevention is part of the programme; and if she will make a statement on the matter. [33073/23]
View answerAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including all operational policing matters. As Minister, I have no role in these matters and I cannot direct the Commissioner with regard to them.
I am informed by the Garda authorities that the Garda Schools Programme has recently been reinvigorated to be reflective of modern Irish society.
I am further informed that the New Garda Schools Programme material has been developed in partnership with the Department of Education and Webwise. The new programme has been extended to all school ages to cover preschool (early years), primary and post primary education.
This is important because research shows that early engagement with young children can lead to better long term outcomes for children. This also ensures a consistent and professional approach to engagement with children and young people in early years, primary and post-primary schools nationally.
I understand the objectives of the Garda Schools Programme are to:
• Increase accessibility of An Garda Síochána to children, teachers and the community;
• Improve relationships between Gardaí and the community;
• Give children an understanding of the consequences of criminal behaviour;
• Reduce the level of offending behaviour through early engagement and intervention;
• Increase the wellbeing of children through crime prevention awareness and advice;
• Promote recruitment to An Garda Síochána including the Reserve Gardaí.
I am advised that Knife Crime Awareness is addressed as an element in the post primary Garda Schools programme module of 'Consequences of Criminal Behaviour & Assaults'. This module builds from the public safety campaign by An Garda Síochána of ‘Use Your Brain Not Your Fists’.
The breakdown below, provided to me by the Garda National Community Engagement Bureau, outlines the number of school visits from September to June 2021 and 2022. Figures in respect of the academic school year, September to June 2022-2023, have not been finalised as the deadline for schools return submissions is 10 July 2023. Figures in respect of previous years are not available.
2021/2022 (Sept – June)
• Total 175,310 students
• 4,446 visits to different year groups in total
• 679 visits to early years institutions (188 Pre-schools and 611 schools that had Playschool, Junior Infants & Senior Infants year groups)
• 3,093 visits to primary school level year groups (1st to 6th Class)
• 674 visits to secondary schools.
152. Deputy Paul Kehoe asked the Minister for Justice if there is a national reduction and prevention of violence strategy for young people, outside of the youth diversion projects; and if she will make a statement on the matter. [33076/23]
View answerThe Youth Justice Strategy 2021-2027 aims to reduce harm in communities (including harm to children and young people) by reducing the numbers of children and young people who engage, or are vulnerable to engagement, in crime and minimise their involvement with the Criminal Justice System by supporting their personal development.
My Department is actively implementing the Strategy, with a range of actions already underway, including the expansion of the Youth Diversion Projects (YDPs) and establishment of a small number of new Projects, so that every child or young person in the State who could benefit from this service can access it.
We are also working with other statutory bodies to explore providing youth services to a number of pilot joint-commissioned Projects. This new type of YDP brings together services from across the public sector to enhance the service provided to young people and to ensure a 'no wrong door' approach. All of these are aimed at ensuring that programmes and interventions are as effectively designed and targeted as possible to support those children and young people (and their families) who experience particular disadvantage and are more at risk with respect to offending behaviour.
As the Deputy will be aware, community safety is not solely the responsibility of An Garda Síochána or the Department of Justice. It is a whole of Government responsibility. The Youth Justice Strategy recognises this in the context of young people's interaction with the justice system and aims to improve the outcomes for both the wider community, and young people at risk.
For the Deputy's information, An Garda Síochána runs a number of initiatives aimed at improving community safety and reducing assaults. These include:
• Crime Prevention Officers across the country who are available to offer safety advice and answer concerns from various members of the community, including young people, at community engagement events, such as the recent National Community Engagement Week.
• Operation Soteria - the national operation that has the aim of preventing assaults occurring, through targeted, timely patrols and engaging with community partners to promote personal safety. This initiative continues and has raised awareness of the consequences of assaults on victims, their families and convicted persons.
• 'Use Your Brain, Not Your Fists' - awareness raising campaign that aims to reduce the number of assaults carried out by males between 18 and 39 years of age. It appeals to young males to think of the consequences for themselves and others of being involved in assaults.
• Operation Limmat is the Dublin Metropolitan Region’s (DMR) assault in public and public order reduction strategy. Operation Limmat promotes a pro-arrest and early-investigation approach to incidents of assault, together with driving high-visibility policing in public places to act as a deterrent to prevent and reduce assaults and public order offences in the DMR.
The Garda Youth Diversion Bureau (GYDB) liaises with the Department of Justice and other Government Departments/State agencies to ensure Garda co-operation with the Youth Justice Strategy. The Strategy includes GYDB representation on the development of initiatives such as the Youth Joint Agency Response to Crime (Y-JARC).
Trends in offending behaviour are identified by use of the Garda Síochána Analysis Service, referrals to the Bureau and feedback from Juvenile Liaison Officers (JLOs). Working Groups involving JLOs and relevant members are then set up to address offending, consider preventions and interventions and to liaise with both internal and external stakeholders where appropriate.
153. Deputy Peter Burke asked the Minister for Justice to provide an update on a number of applications under the atypical working scheme (details supplied); and if she will make a statement on the matter. [33077/23]
View answerI can inform that officials in my Department are in ongoing communication with the organisation referred to regarding the issues of concern raised and that the Atypical Working Scheme (AWS) applications from organisation continue to be processed.
I am informed that further documentation was requested on a number of applications, as the information supplied did not meet the requirements set out under the scheme; I understand that these applications have now been resubmitted.
It is expected that some decisions will be made shortly and that the balance of applications will be decided on in the coming weeks.
Ireland’s Atypical Working Scheme (AWS) is designed to accommodate the arrival of non-EEA nationals to fill short term labour gaps for the benefit of our economy. In recognition of the importance of frontline medical personnel, the AWS Unit prioritises these applications.
There has been an unprecedented demand for AWS permissions this year, with a significant increase in the number of applications for healthcare workers. Additional resources have been added to manage the Scheme recently.
My Department is working to reduce processing times through the modernisation of our systems and the introduction of efficiencies, as well as additional streamlining measures which should also reduce processing times for AWS applications.
The AWS unit continues to liaise with all relevant stakeholders in this area and further information on the Atypical Working Scheme, including the criteria for documents, is available here:www.irishimmigration.ie/coming-to-work-in-ireland/what-are-my-work-visa-options/applying-for-a-long-stay-employment-visa/atypical-working-scheme/
154. Deputy Patricia Ryan asked the Minister for Justice further to Parliamentary Question No. 154 of 21 June 2023, if she can clarify queries with regard to the deportation orders granted from 2018 to date, 790 in total, as the issue queried originally was not answered in the first instance; how many of those orders have been fully executed, and the people subjected to them deported as ordered; with regard to the orders not as yet executed, which agency is charged with keeping a record of their whereabouts; which agency is responsible for the supervision of same; and if she will make a statement on the matter. [33099/23]
View answerI can advise the Deputy that in Parliamentary Question No. 154 of 21 June 2023, you requested the number of deportation orders 'granted' and those 'fully executed'.
In my response I provided those statistics for the period 2018 to YTD 2023 rather than the period 2020 to YTD as requested in order to provide a greater comparator of the data to take account of the suspension of deportations during the period affected by the Covid19 pandemic.
In the period referred to, 01 Jan 2018 to 16 Jun 2023, 5,150 deportation orders were signed.
In the period referred to, 01 Jan 2018 to 16 Jun 2023, a total of 790 deportation orders were effected.
Where a deportation order is effected the person has either informed the Department that they have left the State voluntarily or the person has been removed from the State.
This figure for deportation orders effected does not take account of individuals that have left the State without informing my Department. It is the case that many individuals who are subject to deportation orders leave the State without notifying the relevant authorities.
Any person subject to a deportation order is required to present to the Garda National Immigration Bureau (GNIB). GNIB has operational responsibility for enforcing deportation orders. Any person subject to a deportation order is obliged to keep my Department informed of their current address.
Where a person does not present to GNIB at a specified time and date they will be deemed to be evading deportation and become liable to arrest and detention until their removal from the state.
155. Deputy Catherine Murphy asked the Minister for Justice the date on which she requested of the president of the High Court to designate a judge or judges of the High Court to be a relevant judge under the Communications (Retention of Data) (Amendment) Act 2022; the date on which that judge nominated; the persons the judge nominated; if she will clarify whether the alleged threat is present or foreseeable to the security of the State; the assessments that were conducted in respect of the alleged threat; the evidence that was proffered in relation to the alleged threat; the way in which the retention of this data necessary and proportionate to the purposes for which the application was made; if she and or her officials conducted a data protection impact assessment; if she will clarify whether she consulted with other bodies, including but not limited to, the Data Protection Commission and the Irish Human Rights and Equality Commission before making this application; and if she will set out the conditions and directions that the relevant judge specify in the order. [33105/23]
View answerI understand that Deputy is referring to the order of the High Court granted by Mr Justice Owens pursuant to section 3A of the Communications (Retention of Data) Act 2011 (as amended by the Communications (Retention of Data)(Amendment) Act 2022) on 26 June 2023.
The order requires service providers to retain data in all of the categories specified in Schedule 2 of the Act for a period of 12 months for the purpose of safeguarding the security of the State. Previously such data was required to be retained by service providers on a general and indiscriminate basis pursuant to the 2011 Act without a requirement for an application to the High Court. Schedule 2 data identifies the forms of telephony and internet data (principally traffic and location data) which may be retained under the Act. As the Act makes clear it does not apply to the content of any communications. There were no further conditions and directions specified in the order.
As regards the designation of the relevant judge under section 3A(10), I wrote to the President of the High Court on 21 July 2022 in the context of preparations for the commencement of the 2022 Act asking that he give consideration to matter. On 29 July 2022, the President of the High Court designated Mr Justice David Keane and Mr Justice Alexander Owens as relevant judges.
As set out in the order (as notified to service providers and publicised in the national media last week in accordance with section 3A(6)) the Court granted the order on being satisfied on the basis of information sworn on my behalf, as Minister, that there exists a number of serious and genuine, present and foreseeable threats to the security of the State such that the order is necessary and proportionate for the purpose of safeguarding that security. The sworn information was based on my assessment of the threat taking into account the impact of such retention on the fundamental rights of individuals. My assessment was informed by inputs from An Garda Síochána, other relevant security information available to me, and information within my knowledge having regard to my ministerial responsibilities.
The legislation requires such an assessment to be conducted by the Minister prior to the making of any application and further requires that the Minister must be satisfied that there is a serious and genuine, present or foreseeable threat to the security of the State before making the application to the Court. The Court may only grant the application if satisfied that the making of such an order is necessary for, and proportionate to, the purposes for which the application was made.
As also required by the legislation, the application was made on an ex parte basis and was heard in camera.
As I hope the Deputy will appreciate, the application and proceedings concern sensitive matters - both the nature of the assessed threat and the manner in which the retention of the data - and ultimately access to that data by the competent bodies - can assist in combatting that threat. For sound reasons of national security it is not, therefore, possible for me to provide further detail on the specific threats grounding the application to the Court.
As regards the conduct of a data impact assessment, the circumstances in which a data controller is required to conduct a data impact assessment are set out in section 84(1) to (11) of the Data Protection Act 2018. In the case of the Communications (Retention of Data) Act 2011 (as amended) the conduct of such an assessment is not a matter for the Minister or the Minister's officials; rather it is a matter for each data controller concerned.
The Data Protection Commissioner was consulted on the 2022 Act when it was in draft form and also, more recently, on draft Regulations relating to the commencement of the 2022 Act as required by section 84(12) of the 2018 Act.
Neither the Data Protection Commissioner nor the Irish Human Rights and Equality Commission has a role under section 3A of the 2011 Act (as amended).
By way of general comment I would add that in circumstances where there is a serious, genuine and present or foreseeable threat to national security, the case law of the Court of Justice of the European Union makes it clear that Member States are not precluded from making provision for the preventative retention of traffic and location data, subject to such provision being subject to effective review, being limited in time to what is strictly necessary and being circumscribed by strict safeguards to protect effectively against abuse.
The provisions of the 2022 Act were enacted in light of the case law of the CJEU to bring certainty to service providers and competent bodies in relation to their obligations and to strengthen the safeguards applicable to the retention of, and access to, specified communications data.
156. Deputy Catherine Murphy asked the Minister for Justice the number of instances in which her Department used unlicensed software and/or lapsed licenced software in the past ten years to date; the associated expenditure on same to remedy the situation; and the software that was used. [33160/23]
View answerMy Department conducts software asset management processes to quantify software licence liabilities at regular intervals. Any shortfalls identified during this process are addressed by the purchase of additional licencing where required.
157. Deputy Pearse Doherty asked the Minister for Justice the plans to reduce delays in processing probate applications; and if she will make a statement on the matter. [33178/23]
View answerAs the Deputy will be aware, the Probate Office is an office of the High Court. Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices, and these office holders are also independent in carrying out their functions.
I can, however, assure the Deputy that every effort is made by the Courts Service to ensure that probate services are adequately supported with staff, training and other resources and that the public are assisted in dealing with what can be a complex and sensitive matter.
The Courts Service is currently implementing a 10-year programme of modernisation of the Courts system. An eProbate project has been identified as part of the civil law modernisation workstream of this programme and an initial budget has recently been allocated to the Courts Service to facilitate the commencement of the project this year. At the same time, the Courts Service is aware of its need to reduce waiting times while the eProbate project is under way. In this regard, it has prioritised the recruitment of additional staff to help in this task.
It is envisaged that eProbate will include a single point of contact for all applications for Probate in the State. In addition, one of the main reasons for delays is the number of invalid applications received in the Probate Office. It is intended that as part of the development of the new system, the application process will be simplified for users and there will be reduced opportunities for errors, thereby speeding up the process.
In addition, by reducing the number of invalid applications, the development of the new system will allow staff resources to be better utilised in processing other applications for the benefit of the public.
158. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine when the new forestry programme 2023-2027 will get State aid approval (details supplied); and if he will make a statement on the matter. [32927/23]
View answerAs the Deputy is aware, the new and ambitious €1.3bn Forestry Programme 2023-2027 will replace the previous Programme which expired at the end of 2022. The new Programme will benefit farmers, rural communities and our overall climate and environment.
The new Programme is subject to State Aid approval under the Guidelines from the EU Commission.
My Department has been engaging proactively and intensively with the Commission to date, in order to secure this approval, however the date of approval is ultimately a matter for the EU Commission.
159. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine with regard to the recently announced TAMS woman farmer capital investment scheme, if he is aware of the concerns outlined by a group (details supplied) regarding criteria set out in the scheme; if he will outline how his Department intends to engage to address issues around access to the scheme for women farmers; and if he will make a statement on the matter. [32946/23]
View answerThe Women Farmer's Capital Investment Scheme in TAMS 3 opened to applicants on 21 June 2023, with some 260 applications submitted to date.
The new CAP places a particular focus on generational renewal and on promoting the participation of women in the social and economic development of rural areas, with special attention to farming. Gender equality is also a key objective of the United Nations’ Sustainable Development Goals and a priority for me as Minister.
TAMS 3 provides for a general grant rate of 40% for eligible investments. It is also offering an enhanced grant rate of 60% to eligible women farmers, who meet the eligibility criteria.
Eligible women farmers are those:
• Aged between 18 years of age and 66 when she applies for support.
• Meet the conditions for being head and having control of the holding.
• Meets the requirements for the appropriate training and/or skills required at the time of applications.
The women farming measure under TAMS 3 aims to balance the need to address the issues of both generational renewal and gender balance in farming, following consultation with all interested parties.
Webinars relating to TAMS 3 have taken place, including a one specifically for the Women Farmer's Capital Investment Scheme on 19th June 2023. All webinars are recorded and are available for viewing on my Department's website channel.
160. Deputy Fergus O'Dowd asked the Minister for Agriculture, Food and the Marine the pay and any other benefits, including any loyalty payments/bonuses or other benefit-in-kind, of each chief executive of State/semi-State body or other public body under the aegis of his Department for each year since 2020, in tabular form; and if he will make a statement on the matter. [33045/23]
View answerThe details requested are an operational matter for the State Bodies themselves and as such I have referred this query to the State Bodies under the aegis of my Department and have asked that they respond directly on the matter.
161. Deputy Catherine Murphy asked the Minister for Agriculture, Food and the Marine the number of instances in which his Department used unlicensed software and/or lapsed licenced software in the past ten years to date; the associated expenditure on same to remedy the situation; and the software that was used. [33149/23]
View answerThe Department has a wide-ranging set of software products, from open source to proprietary, to subscription based, that in turn use a number of different licensing models. These all undergo strict governance. Some models of operation allow the Department flexibility over limited periods of time, e.g. when testing, piloting a product, or patching.
In understanding this question, and specifically the enquiry regarding costs of remediation, as referring to engagements with software suppliers or product owners that identified unpaid costs relating to a license, the Department is not aware of any such incidents in the last ten years.
162. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will clarify a query concerning the ACRES scheme (details supplied); and if he will make a statement on the matter. [33177/23]
View answerThe Agri-Climate Environment Scheme (ACRES) is Ireland’s flagship agri-environment scheme under the CAP Strategic Plan 2023 – 2027. It will pay farmers €1.5 billion over its lifetime. This is the largest sum ever committed to an agri-environment scheme in Ireland. Over 46,000 farmers were approved for entry to the scheme earlier this year.
A key feature of ACRES is the introduction of a results-based system that rewards farmers for committed environmental effort by linking payments to the quality of environmental outcomes delivered.
Participants in the ACRES eight Cooperation Project (CP) Zones will receive results-based payments, whereas those in the ACRES General stream could have chosen results-based actions on application. All of these lands will be scored over the summer months, by approved ACRES advisors, who have completed the mandatory in-field scorecard training. Scorecards are already being submitted by advisors daily.
As part of the specification for Tranche 1 of ACRES, all relevant parcels must be scored in-field and submitted by 31 August 2023. Farmers can use any approved ACRES advisor to submit these scorecards and my Department has developed a phoneapp (AgriSnap) to streamline the submission of scorecards in this regard.
163. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine for his advice on a matter (details supplied); and if he will make a statement on the matter. [33179/23]
View answerA herd number is an administrative device issued by my Department for the purposes of disease control. A herd number does not imply ownership of lands, ownership of any animals kept or tested under that herd number.
There are two roles associated with a herd number - herd owner and keeper.
I can confirm that an application was received from the person named to become the new keeper has been processed successfully by Kerry Regional Veterinary Office (RVO).
As regards a new herdowner role for the relevant herdnumber no application to change herd owner role has been received to date by Kerry RVO.
If a keeper, who is in the role of ‘herdowner’, dies, then the role of herdowner can only be assigned to another person, when all legal documentation, i.e., certified copies of the will and grant of probate, have been provided to my Department.
If probate is unavailable, a solicitor's letter, confirming same must accompany the will and a certified copy of probate must be forwarded to my Department when later granted.
Therefore, it is open to the personal representatives of a deceased herdowner, to register an interest in the herd by writing to my Department through their solicitor confirming that they are acting as representatives 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.
If the applicant has further queries on the matter, they can contact the Kerry RVO.
