Dáil Éireann Debate, Thursday - 7 June 2012
116 Deputy Nicky McFadden asked the Minister for Agriculture, Food and the Marine if a person (details supplied) can make a further appeal to his Department; and if he will make a statement on the matter. [27614/12]
Amharc ar fhreagraIn the case in question, the herdowner concerned had requested that he be compensated by the Department for the loss of an animal which was injured when presented for a TB test on 11 November 2011. The animal was not removed by my Department under the TB Eradication Scheme but was condemned by the factory when presented for slaughter by the herdowner some days later.
There is no provision for compensation for an animal injured during the course of a TB test. The herdowner, when registering for a herd number had signed a document which clearly states that "it is expressly agreed and understood that the carrying out of any tests or inspections under the official Department Schemes is without liability of any kind on the part of the Veterinary Surgeon or the Minister". The herdowner was advised in writing on 29 November 2011 that, in line with the foregoing, he is not entitled to compensation for the animal concerned. As provided for under this scheme, the herdowner appealed the decision to the Regional Assistant Principal Officer and to the Agriculture Appeals Office who have both found in favour of the original decision. The herdowner has been advised of the option to raise the issue with the Office of the Ombudsman.
