Mary Upton (Dublin South Central, Labour)
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Question 27: To ask the Minister for Agriculture and Food the number of prosecutions that have taken place as a result of the feeding of meat and bonemeal to cattle since the introduction of the ban; the number of convictions secured in such cases; and if she is satisfied that the ban is being properly enforced in view of the continuing cases of BSE in animals born after the ban was imposed. [17444/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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No prosecutions have taken place as a result of the feeding of meat and bonemeal to cattle since the introduction of the ban. No evidence has been uncovered which would support a prosecution in any case.

I am satisfied, however, that the ban is being enforced, given that the incidence of the disease in the national herd is rapidly declining and that the vast majority of cases have occurred in animals born before the introduction of the enhanced feed controls in 1996 and 1997. In 2004, 126 cases of BSE were confirmed, compared with 182 in 2003 and 333 in 2002. There have been 27 cases to date in 2005, which represents a decrease of 57% on the number of cases discovered in the same period last year. The occurrence of some cases in animals born after 1997 does not detract from the overall positive trend and mirrors the position elsewhere.

The introduction of the rapid testing programme for BSE in 2001 greatly improved the ability of countries to measure both the incidence of the disease in the national population and progress with regard to disease control. The results of that testing programme provide objective evidence that the enhanced feed controls introduced in Ireland in 1996 and 1997 have been very effective. Since 2001, well in excess of 1.5 million cattle born after 1997 have been tested for BSE, with just 12 cases of BSE identified in that category. The tiny fraction of positive tests which have occurred in animals born after 1997 shows that the risk for animals born after that time is very significantly reduced and that those cases are not associated with a systemic failure in the control programme.

Mary Upton (Dublin South Central, Labour)
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The fact that there have been no prosecutions for breaking the law regarding animals born after 1996 that have been detected with BSE is of some concern. As recently as two weeks ago, the Minister will know, an animal born in 2001, five years after the ban was effectively meant to have been in place, was found to be infected — if we take 1997 as the relevant date, it is four years. That is a long time to allow people to become totally compliant. It is too much of a coincidence that we have even sporadic cases. I accept the positive trend in overall numbers, which is very welcome. However, there is a need for a very proactive stance regarding those people found to have animals in their herds with BSE born as recently as 2001.

I would like to know what further positive actions might be taken to ensure that there are no further cases. I am aware that in the UK a special committee has been set up to look into the incidence of BSE in animals born after 1997. We may have to consider some positive and structured measure of that sort here to ensure that there are no more cases and that, if there are, we can find out why and be assured that the proper penalties are applied.

Mary Coughlan (Donegal South West, Fianna Fail)
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The question referred to the feeding of meat and bonemeal. There has been no evidence of that being an issue in any of the BSE cases. Prosecutions have taken place and are pending regarding other issues relating to BSE, but not for the feeding of meat and bonemeal, since that has not happened.

Regarding the sporadic occurrences in animals born after the introduction of the ban, they are of concern to the Department. Extremely thorough investigations have taken place in the past few years. There have been eight cases of infected animals born after the 1997 ban. They have been thoroughly investigated and we have not been able to ascertain any definitive source of the disease in the individual cases. One or two issues were dealt with, but we prefer not to speak of them since court cases are pending in the near future. However, they were not connected with the use of meat and bonemeal.

In the UK there have been approximately 100 cases; there have been eight here. There has been a massive reduction in the number of BSE-infected animals. I have been advised by the professionals that there will be sporadic occurrences. The Deputy can rest assured that if there is anything untoward or illegal, or which undermines the control systems, it will be dealt with as harshly as the laws allow. We conduct ongoing reviews regarding the investigations that have taken place in the past few years. If we were alarmed by a great increase in numbers, for example, it would be necessary to put a task force in place in the Department, but we do not believe that is the case at present.