Bovine Disease Controls

Dáil Éireann Debate, Tuesday - 3 July 2012

Tuesday, 3 July 2012

Ceisteanna (537)

Sandra McLellan

Ceist:

552 Deputy Sandra McLellan asked the Minister for Agriculture, Food and the Marine further to Parliamentary Question No. 769 of 6 June 2012 and 541 of 19 June 2012, in view of the fact that in the court case in question his Department failed in a prosecution against the herd owner and the judge stated that there was no case to answer, the reason his Department is refusing to pay compensation and telling the herd owner to appeal this decision; and if he will make a statement on the matter. [32071/12]

Freagraí scríofa

Minister for Agriculture, Food and the Marine (Deputy Simon Coveney)

While the criminal prosecution mounted by my Department was not successful, the Department is satisfied that there was substantial evidence that the test was interfered with. Therefore such action was considered to be a "Flagrant Breach" as set out under the terms and conditions of the scheme, which are outlined in the Information Booklet provided to herdowner at the time of restriction. Accordingly the penalty of 100% which was applied in this case is considered justified but the herdowner has been advised of the appeal options which are available to all herdowners under the terms and conditions of the scheme.