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Tuesday, 10 Oct 2023

Written Answers Nos. 376-395

Prison Service

Questions (376)

Patrick Costello

Question:

376. Deputy Patrick Costello asked the Minister for Justice when the prison probation trams stopped running any type of group therapy interventions due to the lack of staff by prison institution and, if available, the number of group therapy interventions that took place from 2010 to date by institution; and if she will make a statement on the matter. [44116/23]

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Written answers

I have asked the Probation Service if it is possible to provide the information request by the Deputy. Unfortunately it has not been possible to confirm this within the timeframe allowed.I will revert to the Deputy with any relevant information upon receipt.

Prison Service

Questions (377)

Patrick Costello

Question:

377. Deputy Patrick Costello asked the Minister for Justice the number of addiction councillors by institution in the IPS, by year in tabular form; the number of vacancies; the number of prisoners by institution classified with addiction issues; and if she feels the current staffing levels are sufficient to adequately deal with the number of prisoners with addition issues. [44118/23]

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Written answers

The Irish Prison Service provides a health care service for people with addictions on a structured, safe and professional basis in line with international best practice. The Irish Prison Service continues to be committed to, and involved with, the National Drugs Strategy in partnership with community colleagues and organisations.

It is estimated that approximately 70% of prisoners who are committed to custody have difficulties associated with addiction to substances. It is the policy of the Prison Service that, where a person committed to prison gives a history of opiate use and tests positive for opioids, they are offered a medically assisted, symptomatic detoxification, if clinically indicated.

I can advise the Deputy that the Irish Prison Service engages Merchants Quay Ireland (MQI) to provide a prison-based addiction counselling service across the entire Irish Prison Service estate with the exception of Arbour Hill Prison where there is currently no clinical need for such a service. The addiction counselling service includes structured assessments and evidence-based counselling interventions, with clearly defined treatment plans and goals.

There are currently 5 vacancies which were recently advertised which had a closing date of 6th October, 2023. Interviews have been scheduled and will be completed this week. The majority of the current vacancies are in Cloverhill and Wheatfield Prisons. In order to address this shortfall, MQI are currently working with Cloverhill Prison on a pilot triage model which is planned to commence in November.

The information requested by the Deputy in respect of the current number of contracted MQI Addiction Counsellors by institution and the number of vacancies is provided in the table below.

Prison

Addiction Counsellor in place as at 08/10/23(FTE)

Vacancies as at 08/10/23 (FTE)

Total Contracted Addiction Counsellors(FTE)

Mountjoy

3

0.7

3.7

Cork

2

0

2

Midlands

1.96

0

1.96

Portlaoise

0.54

0

0.54

Dochas

1

0

1

Shelton Abbey

1

0

1

Castlerea

2

0

2

Cloverhill

0.6

2

2.6

Wheatfield

0.4

1.8

2.2

Limerick

1.5

0.5

2

Loughan House

1

0

1

Total

15

5

20

Departmental Properties

Questions (378)

Violet-Anne Wynne

Question:

378. Deputy Violet-Anne Wynne asked the Minister for Justice the full complement of buildings and lands owned by her Department, or by agencies under the aegis of her Department in County Clare; if they are currently in use, in tabular form; and if she will make a statement on the matter. [44162/23]

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Written answers

I can inform the Deputy that there are no buildings or lands owned by my Department in County Clare.

I am advised that the Courts Service currently owns two properties in County Clare, as follows:

• Kilrush Courthouse is located at Moore St, Kilrush, Co. Clare and is in use.

• Ennis Courthouse is located at Lifford Road, Ennis, Co. Clare and is in use.

As the Deputy may be aware, as property owners and building agents for An Garda Síochána, the Office of Public Works (OPW) either owns or leases properties on behalf of An Garda Síochána. Details of all such properties that are leased or owned are held by the OPW.

Inshore Fisheries

Questions (379)

Brendan Griffin

Question:

379. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine if he will extend a 2023 Brexit inshore fisheries business model adjustment scheme grant approval for a fisherman (details supplied) in County Kerry; and if he will make a statement on the matter. [43408/23]

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Written answers

The Brexit Inshore Fisheries Business Model Adjustment Scheme 2023 aims to provide assistance to inshore fishers in adjusting their business operations as a result of the impacts of Brexit. The scheme has a budget of some €3.5 million and is being administered by an Bord Iascaigh Mhara (BIM) under the oversight of my Department.

The terms and conditions of the scheme require, under Point 14, that all applicants must settle any outstanding licensing fees or harbour charges owing to my Department before payment of grant aid under this Scheme. This is a standard condition attaching to the payment of grant aid.

The scheme Terms and Conditions are available on BIMs website: BIM - Brexit Inshore Fisheries Business Model Adjustment Scheme 2023

Having made enquiries with an Bord Iascaigh Mhara I understand that the fisher (details supplied) has been contacted by BIM, who have advised that once the scheme conditions are met in sufficient time to enable the drawdown and payment of grant aid, the application can be processed.

Agriculture Schemes

Questions (380)

Seán Canney

Question:

380. Deputy Seán Canney asked the Minister for Agriculture, Food and the Marine if his Department will accept applications submitted to the ACRES scheme by a planner which for technical reasons were never properly accepted by his Department (details supplied); and if he will make a statement on the matter. [43409/23]

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Written answers

Tranche 1 of the Agri-Climate Rural Environment Scheme (ACRES) opened for applications on Monday 17th October 2022, and closed on Wednesday 7th December 2022. The closing date was extended by two weeks to facilitate the workload of advisors and to ensure receipt of the best quality applications possible.  

The ACRES application process was outlined to ACRES advisors at both the ACRES advisor training and by Circular No. 10, dated November 9th 2022. The process required the following three steps to be completed:  

1. Submit an Expression of Interest;  

2. Prepare and submit a Farm Sustainability Plan (FSP);   

3. Complete and submit the ACRES application (to include relevant uploads, namely, the submission of valid soil sample results where available & proof of membership of breed society if selecting Conservation of Rare Breeds action).  

The ACRES team have completed an extensive search to trace the possible submission of an ACRES application in respect of each of the herd numbers mentioned.  This search has confirmed that, while the first two steps of the process were undertaken, the final step was not completed. As the application process was not completed, no applications were submitted on behalf of the persons named. This has been communicated to the ACRES advisor in question on a number of occasions previously.

Brexit Supports

Questions (381, 382)

Claire Kerrane

Question:

381. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine the progress by his Department regarding securing Brexit Adjustment Reserve funding for the sheep sector; if he has engaged directly with the sector; and if he will make a statement on the matter. [43461/23]

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Claire Kerrane

Question:

382. Deputy Claire Kerrane asked the Minister for Agriculture, Food and the Marine if he has explored new trade deals between Britain and other states as rationale for drawing funding from the Brexit Adjustment Reserve for the sheep sector, considering this demonstrates a Brexit-related impact on the Irish sheep sector; and if he will make a statement on the matter. [43462/23]

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Written answers

I propose to take Questions Nos. 381 and 382 together.

I recognise that sheep farmers are experiencing more difficult market conditions in 2023 compared to recent years. Along with my officials, I am in regular contact with stakeholders, including the farm bodies, on the issues facing the sector. In those engagements, we have discussed current trading conditions, existing supports available to the sector and the options for providing additional supports as part of the 2024 budgetary cycle.

In relation to the market situation, the latest Meat Market Report shows that the latest national average price for Irish sheepmeat for the week ending 1 October was €6.16 per kg which is a marginal increase on the prevailing price of €6.14 per kg for the corresponding week in 2022 and is consistent with the normal seasonal trend. This price also compares very favourably with prices over the last 5 years. 

In relation to the utilisation of funding under the Brexit Adjustment Reserve (BAR), it should be noted that the sheep sector is notably less dependent on the UK market than some other agri-food commodities such as beef. According to the CSO, the UK accounted for 43% of total beef exports by both value and volume in 2022; whereas sheepmeat exports to the UK last year accounted for 13% and 16% of total category exports in value and volume terms respectively. More importantly, any supports under the BAR must be strictly limited and temporary in scope because of the conditions for drawdown and the termination of funding at the end of 2023 calendar year.

While market returns have reduced for sheep farmers, mainly because of increased input costs, Teagasc forecasts suggest that family farm income for specialised sheep farms in 2023 will average €17,300, a increase  of 5% on the figure for 2022. Sheep farm incomes will be boosted by payments under the new agri-environment scheme and additional income from cattle enterprises on those holdings. 

This projection reflects the important role which direct payments play in supporting sheep farm incomes. It should be noted that my Department already provides significant support to the sector under the new CAP Strategic Plan (CSP), both through the Sheep Improvement Scheme  and through the broad range of CSP schemes for which sheep farmers are eligible. These include the ACRES and Organic Farming schemes, which are particularly suited to sheep enterprises or mixed beef and sheep enterprises.

Additionally, I have supported livestock farmers in dealing with increased costs over the last year by providing funding for the introduction of a fodder incentive scheme, a national liming programme and a package to encourage the sowing of multi-species swards and red clover silage. I also doubled the budget allocation for the liming programme and recently announced further flexibility in its operation. 

Sheep farmers are hugely committed to producing a world-class, safe and sustainable product. I can assure the deputy that I and my government colleagues are fully committed to maintaining a viable sheep sector as part of balanced of balanced regional economy.

As part of my ongoing engagement with the sheep sector, I have listened to the views of farm bodies on on future supports for the sheep sector and that input is subject to consideration in the context of the 2024 budgetary cycle.

Question No. 382 answered with Question No. 381.

Fishing Industry

Questions (383)

Mick Barry

Question:

383. Deputy Mick Barry asked the Minister for Agriculture, Food and the Marine if he can direct Bord Iascaigh Mhara to engage with the representations by an organisation (details supplied) on behalf of a number of migrant fishers who have not received the share of crew compensation due to them under the Brexit voluntary decommissioning scheme; and if he will make a statement on the matter. [43500/23]

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Written answers

In its report of October 2021, the Seafood Task Force recommended the introduction of a voluntary permanent cessation scheme. The scheme aims to restore balance between the fishing fleet capacity and available quotas following quota reductions arising from the Brexit Trade and Cooperation Agreement (TCA) between the EU and the UK. The Task Force also recommended that it would be appropriate to compensate crew who are impacted by the scheme.  

In the development of a scheme in response to this recommendation, compensation for crew was incorporated and is determined based on qualifying criteria specified in the scheme and according to length of service. Under the terms of the Voluntary Permanent Cessation Scheme crew compensation is negotiated between the crew member and the owner.

The Terms and Conditions of that scheme are available on the Bord Iascaigh Mhara (BIM) website BIM - Brexit Voluntary Permanent Cessation Scheme.

In relation to evaluation of individual applications for decommissioning and the associated calculation of crew payments, this is an operational matter for BIM. As such, I will ask BIM to reply directly to the deputy on this matter. 

Departmental Regulations

Questions (384)

Danny Healy-Rae

Question:

384. Deputy Danny Healy-Rae asked the Minister for Agriculture, Food and the Marine for an update on a matter (details supplied); and if he will make a statement on the matter. [43533/23]

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Written answers

On the 21st of September a seven day extension to the slurry spreading period was announced by me and the Minster for Housing, Local Government and Heritage.  This allowed slurry spreading take place until the 7th of October 2023. 

Last week, on the 4th of October, following agreement with the Minister for Housing, Local Government and Heritage, a further one week extension to the spreading period was announced with the closed period for 2023 now commencing on the 15th of October.

The decisions regarding both of these extensions were made in accordance with the provisions set out in Article 19 (1) of SI No. 113 of 2022 (as amended) and the relevant published criteria which are available at the following link: gov.ie - Good Agricultural Practice Regulations Exemption Criteria for the closed period and shallow cultivation (www.gov.ie)

Due to the associated risk from a water quality perspective, there is no provision in the Regulations (SI No 113 of 2022, as amended) to extend the slurry spreading period beyond the 14th of October.

Departmental Regulations

Questions (385)

Peter Burke

Question:

385. Deputy Peter Burke asked the Minister for Agriculture, Food and the Marine if he will provide an extension of time to the slurry spreading period. [43571/23]

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Written answers

On the 21st of September a seven day extension to the slurry spreading period was announced by me and the Minster for Housing, Local Government and Heritage.  This allowed slurry spreading take place until the 7th of October 2023. 

Last week, on the 4th of October, following agreement with the Minister for Housing, Local Government and Heritage, a further one week extension to the spreading period was announced with the closed period for 2023 now commencing on the 15th of October.

The decisions regarding both of these extensions were made in accordance with the provisions set out in Article 19 (1) of SI No. 113 of 2022 (as amended) and the relevant published criteria which are available at the following link: gov.ie - Good Agricultural Practice Regulations Exemption Criteria for the closed period and shallow cultivation (www.gov.ie)

Due to the associated risk from a water quality perspective, there is no provision in the Regulations (SI No 113 of 2022, as amended) to extend the slurry spreading period beyond the 14th of October.

State Properties

Questions (386)

Ivana Bacik

Question:

386. Deputy Ivana Bacik asked the Minister for Agriculture, Food and the Marine if the Aquaculture Licences Appeals Board owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant, in tabular form. [43601/23]

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Written answers

The Aquaculture Licences Appeals Board (ALAB) was established under the Fisheries (Amendment) Act 1997 (as amended). ALAB is a single function body tasked with the provision of an independent service for the determination of appeals against decisions of the Minister for Agriculture, Food and the Marine on aquaculture licence applications.

The information requested with respect to properties or sites which are vacant or derelict has been referred to Aquaculture Licences Appeals Board for answering. ALAB will supply this information directly within 10 working days.

State Properties

Questions (387)

Ivana Bacik

Question:

387. Deputy Ivana Bacik asked the Minister for Agriculture, Food and the Marine if Bord Bia owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant, in tabular form. [43602/23]

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Written answers

Bord Bia is headquartered in Dublin in an office premises subject to leasehold interest. Bord Bia does not own any property or sites.

Environmental Policy

Questions (388)

Thomas Pringle

Question:

388. Deputy Thomas Pringle asked the Minister for Agriculture, Food and the Marine if he will extend the slurry spreading season on a one-off basis in 2023 to allow for spreading of slurry should the weather allow for it (details supplied); and if he will make a statement on the matter. [43654/23]

View answer

Written answers

On the 21st of September a seven day extension to the slurry spreading period was announced by me and the Minster for Housing, Local Government and Heritage.  This allowed slurry spreading take place until the 7th of October 2023. 

Last week, on the 4th of October, following agreement with the Minister for Housing, Local Government and Heritage, a further one week extension to the spreading period was announced with the closed period for 2023 now commencing on the 15th of October.

The decisions regarding both of these extensions were made in accordance with the provisions set out in Article 19 (1) of SI No. 113 of 2022 (as amended) and the relevant published criteria which are available at the following link: gov.ie - Good Agricultural Practice Regulations Exemption Criteria for the closed period and shallow cultivation (www.gov.ie)

Due to the associated risk from a water quality perspective, there is no provision in the Regulations (SI No 113 of 2022, as amended) to extend the slurry spreading period beyond the 14th of October.

State Properties

Questions (389)

Ivana Bacik

Question:

389. Deputy Ivana Bacik asked the Minister for Agriculture, Food and the Marine if Greyhound Racing Ireland owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant or derelict, in tabular form. [43671/23]

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Written answers

Rásaíocht Con Éireann (RCÉ) is a commercial state body, established under the Greyhound Industry Act, 1958 chiefly to control greyhound racing and to improve and develop the greyhound industry. RCÉ is a body corporate and a separate legal entity to the Department of Agriculture, Food and the Marine. 

The question raised by the Deputy is an operational matter for RCÉ and, therefore, the question has been referred to the body for direct reply.

State Properties

Questions (390)

Ivana Bacik

Question:

390. Deputy Ivana Bacik asked the Minister for Agriculture, Food and the Marine if Horse Racing Ireland owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant or derelict, in tabular form. [43672/23]

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Written answers

Horse Racing Ireland (HRI) is a commercial state body established under the Horse and Greyhound Racing Act, 2001, and is responsible for the overall administration, promotion and development of the horse racing industry. 

The question raised by the Deputy is an operational matter for HRI, therefore, the question has been referred to the body for direct reply.

Agriculture Schemes

Questions (391)

Brendan Griffin

Question:

391. Deputy Brendan Griffin asked the Minister for Agriculture, Food and the Marine for clarification on a matter (details supplied); and if he will make a statement on the matter. [43765/23]

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Written answers

My Department is very aware of the risks from Covid-19 and of the concerns of farmers in relation to it. My Department demonstrated this by initially discontinuing routine inspections on 27 March 2020, following the announcement of Government  restrictions and only resuming these inspections on a phased basis in the weeks and months after this, in line with Government guidelines. Inspections are necessary to allow farm payments to be processed in a timely manner and so that my Department could meet its regulatory  and audit requirements. In 2020 these inspections were undertaken under specific Department inspection Covid-19 protocols and all farm payment type inspections were announced, whereas in the past a cohort were conducted unannounced.

Farmers are required to meet regulatory and scheme requirements to ensure they receive their full scheme payments that they apply for. Where there are findings of non-compliance, my Department applies a penalty system on a proportionate basis. In addition, applicants consent to my Department carrying out on-farm inspections and the sanction for a refusal of an inspection is nil payment. 

A very limited number of farm inspections for Schemes are refused by the applicant annually. It is important to note that the Covid-19 inspection protocols provided that, where an applicant was not happy for the inspection to proceed due to Covid-19, the inspection could be deferred for three weeks. In 2020, of the inspections refused by the applicant, approximately one third of farmers  cited Covid-19 as a reason for refusing the inspection.

My Department however provides a review mechanism for decisions to be reviewed. Furthermore, if following an unsuccessful review, farmers still have the right of appeal to the independent Agriculture Appeals Office.

Dairy Sector

Questions (392)

Michael Healy-Rae

Question:

392. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied); and if he will make a statement on the matter. [43781/23]

View answer

Written answers

In accordance with the Good Agricultural Practice for the Protection of Waters Regulations (SI 113 of 2022 as amended), three dairy cow nutrient excretion rate bands apply from this year; 80 kg N/cow, 92 kg N/cow and 106 kg N/cow.

In February 2023, my Officials wrote to all dairy farmers outlining the need for them to confirm which of the three bands would apply to their herd for 2023.

The excretion rate band a dairy herd is assigned to is based on the total volume of milk delivered to the milk purchaser(s) divided by the average number of dairy cows on the holding for the relevant period. The respective band applies for one year at a time and will be reviewed annually.  For 2023 dairy farmers were given three options to determine their band:

Option 1: Select the rolling average for the three preceding years (2020, 2021, 2022), or

Option 2: Select the most recent preceding year (2022), or

Option 3: Select to use the herd’s 2023 average milk yield. 

Option 3 is a once-off transitional measure available for 2023 only. It was introduced to enable farmers to reduce their herd’s average milk yield and move to a lower band if they wished.

Dairy farmers that selected Option 3, carry the risk that their herd’s 2023 band will not be confirmed until early 2024 when all data is available. 

A dairy farmer who confirmed their 2023 band through the Irish Cattle Breeding Federation (ICBF) website can log into that website to see what Option they selected and their associated band.  If following this, a farmer believes they selected the incorrect option they should contact ICBF in the first instance.

Tree Remediation

Questions (393)

Michael Healy-Rae

Question:

393. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied); and if he will make a statement on the matter. [43847/23]

View answer

Written answers

The care and management of trees in rural gardens including those adjacent to roads is the responsibility of the landowner on whose land the trees are growing. It is advisable that landowners make themselves aware of the full legal extent of their land ownership and of any obligations arising from this. 

The Department of Agriculture, Food and the Marine does not offer funding for the removal of roadside trees or for private homeowners living in the countryside with ash trees in their rural gardens. The Department has, however published guidance on the subject of roadside trees (“A Guide for Landowners to Managing Roadside Trees”) and this can be accessed at the Department website and can be found here: gov.ie - A Guide for Landowners to Managing Roadside Trees (www.gov.ie)

State Properties

Questions (394)

Ivana Bacik

Question:

394. Deputy Ivana Bacik asked the Minister for Agriculture, Food and the Marine if Teagasc owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant or derelict, in tabular form. [43864/23]

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Written answers

Teagasc have a significant portfolio of properties in the State including research centres, agricultural colleges, and local advisory offices. Management of the portfolio is an operational matter for Teagasc and its governing board, the Teagasc Authority. Accordingly, I have referred the Deputy's parliamentary question to the Director of Teagasc for attention and direct reply. 

Animal Diseases

Questions (395, 396)

Colm Burke

Question:

395. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine the action his Department is taking to improve the timeline from when livestock in a herd have been tested and identified positive with tuberculosis and when these animals are collected and removed from the herd; and if he will make a statement on the matter. [43872/23]

View answer

Colm Burke

Question:

396. Deputy Colm Burke asked the Minister for Agriculture, Food and the Marine to confirm the average timeline from when an animal/animals have been tested and identified positive with tuberculosis in a herd and when they are collected and removed from the herd; and if he will make a statement on the matter. [43873/23]

View answer

Written answers

I propose to take Questions Nos. 395 and 396 together.

One of the primary disease mitigation measures of the bovine TB eradication programme is the routine surveillance of all bovines for the presence of bovine TB through the use of the Single Intradermal Comparative Tuberculin Test, more commonly known as the 'skin test' and, if applicable, the removal of “reactor” animals identified in herds.  When an animal is tested for bovine tuberculosis the veterinary practitioner makes two visits on separate days to complete the testing cycle.

My Department are notified of test results by the Private Veterinary Practitioner through the Animal Health Computer System. Once eligible reactors have been identified in a herd, the On Farm Market Valuation (OFMV) process begins. The On Farm Market Valuation Scheme is the principal compensation measure available to farmers who experience a TB breakdown on their herd. The Scheme aims to compensate farmers up to the open market value of an animal as if they were not affected by disease, subject to ceilings. There are a number of steps in the removal process for which farmers and my Department have shared responsibility.

My Department works closely with stakeholders to identify if and where efficiencies can be made, the following are an example of key functions within the process where my Department make continued improvements ensuring that the appropriate framework supports a timely removals process.

• A Nationwide complement of suitably qualified independent valuers to ensure that valuations are completed efficiently.

• Strict deadlines for independent valuers to communicate their completed valuation reports to both the farmer and my Department for consideration

• The introduction of an electronic submission facility for key documentation allowing the farmer to signal their acceptance/rejection of a valuation

• A dedicated team liaising with approved slaughter plants/knackaries to arrange for the destruction of animals at the earliest opportunity once a farmer has concluded the valuation process

• A nationwide network of independent haulage contractors who operate a comprehensive transport network for animals to their relevant approved slaughter plants daily

Through this combined effort, as of 4th October - 20,047 animals have been removed at an average of 17.3 calendar days from the date of test to the date of slaughter.

There are circumstances outside of my Departments control where the removal of reactor animals must be delayed, such as medicated animals who are observing the appropriate withdrawal period, inconclusive animals who may be required to undergo further Gamma Interferon (GIF) blood testing, and those reactor animals who are 90%+ of gestation who cannot be moved until they have calved on farm. All of these circumstances are also accounted for in average timeframe outlined above.

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