Michael McNamara (Clare, Labour)
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933. To ask the Minister for Agriculture, Food and the Marine the legal basis for provision 3.1 in Circular ER 14/2010 whereby if an animal sent to slaughter was not tested within the the previous 12 months but was tested within the previous 18 months and if more than 20% of the eligible animals in the herd at the date of slaughter were not tested within the previous 12 months, the holding must be trade restricted. [46622/13]

Michael McNamara (Clare, Labour)
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934. To ask the Minister for Agriculture, Food and the Marine if he is concerned provision 3.1 in Circular ER 14/2010, which concerns herds in respect of which more than 20% of eligible animals are not in test at the time of slaughter, amounts to a fettering of his discretion to restrict such herds as provided for in SI 3017 of 2010 and amounts to a fixed policy, contrary to law and fair procedures. [46623/13]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 933 and 934 together.

The national legal basis underpinning the operation of the Bovine Tuberculosis Eradication Programme in Ireland is contained in the Diseases of Animals Act, 1966 (as amended) and the Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 (as amended). Article 17(5) of the Order (as amended by SI 307 of 2010), which gives a discretionary power to the Minister to restrict the movement of animals from certain herds, is the legal basis for Paragraph 3.1 in the Circular ER 14/2010.

In view of the discretion provided for in SI 307 of 2010 and having regard to the complexity of the issues involved in giving effect to the legislation, and in common with the approach in a variety of areas of the Department’s operations, it is necessary to issue more detailed instructions to field staff through Circulars to provide further clarity as to how the rules are to be implemented at operational level and to ensure that these rules are implemented uniformly across the country. I believe that the Circular, which can be amended at short notice, does not fetter the Minister in his discretion to restrict the herds covered by SI 307 of 2010.