Tom Brabazon (Dublin Bay North, Fianna Fail)
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108. To ask the Minister for Agriculture, Food and the Marine if his Department has received applications for compensation for the loss of animals, or animal products and animal feed, in relation to the current strain of avian flu circulating in Ireland; and if he will make a statement on the matter. [66456/25]

John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Deputy Cleere is taking this question on behalf of Deputy Brabazon.

Martin Heydon (Kildare South, Fine Gael)
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I thank the Deputy for raising this matter. Unfortunately, there have been four outbreaks of highly pathogenic avian influenza in turkey flocks since early November, one each in counties Carlow, Meath, Monaghan and, most recently, Laois. I express my sympathy to the flock owners concerned. I acknowledge the worry this situation is causing to all those in the poultry industry in Ireland. These outbreaks follow the detection of the H5N1 avian influenza virus in wild birds across the country throughout 2025. It is this ongoing circulation in wild birds that is posing such a risk to poultry and captive birds. Biosecurity is the most effective way to prevent the virus infecting flocks, and this is why I implemented mandatory poultry biosecurity regulations on 1 November and a housing order for poultry and captive birds from 10 November.

The Animal Health and Welfare Act 2013 provides that compensation to owners of animals may be payable if a cull of those animals is directed by my Department in the event of an outbreak in that herd or flock of certain diseases, including highly pathogenic avian influenza. The compensation may relate to the animal that is culled, or to an animal product, animal feed or similar item that is destroyed in relation to the outbreak. The compensation may not exceed the open market value of the animal or item. Since 2017, my Department has engaged an external consultancy firm with specialised knowledge of poultry to develop valuation tables relating to the most common species and types of poultry in Ireland to be used to determine compensation payable in the case of an outbreak of poultry disease that necessitates a cull. These valuation tables are updated on a six-monthly basis.

It is important that this be taken on a case-by-case basis because no two cases are the same. The impact on the financial viability and valuation of the birds at a set time is continuously upgraded. It means that, where a flock owner enters the worst case imaginable of having to have their entire culled, there is a process there for them to engage with that is fair and up to date. My Department is engaging with owners impacted by recent poultry outbreaks in assessing the compensation due to them where depopulation of their flocks and destruction of related material has been directed to control the spread of highly pathogenic avian influenza.

Peter Cleere (Carlow-Kilkenny, Fianna Fail)
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The Minister will be aware that the financial loss will not just be limited to those farmers who have unfortunately had their flocks culled. As these outbreaks are confirmed to be highly pathogenic avian influenza, there are restrictions on poultry, poultry products and eggs from within the 3 km restriction zone and 10 km surveillance zone in respect of both the EU and UK markets. A total of 94% of our poultry exports by value - around €280 million - are to the EU and UK markets. Will the Minister make provision for compensation to be payable to farmers who lose access to their export markets in this current outbreak? The currently held advice is that consuming poultry or eggs from an infected animal once cooked does not pose a risk to public health. That said, consumers may now be reluctant to buy poultry products, given what has been said in the media.

Has the Minister considered that there may be a decline in the number of consumers buying poultry or a fall in the numbers of Christmas turkeys ordered this year? Will the Minister consider a compensation scheme for those farmers who are impacted by this?

Martin Heydon (Kildare South, Fine Gael)
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To reiterate, the Animal Health and Welfare Act provides that compensation to owners of animals may be payable if a cull of those animals is directed. It is specific. It has clear criteria, and rightly so. If a flock owner or farmer is being asked to remove their entire herd or flock for broader national reasons in the best interests of stopping the spread of disease, that is the most important thing. We do all of that as well as a mandatory biodiversity measures and housing measures to get ourselves back to a disease-free status as soon as possible. The 3 km restriction zone and 10 km surveillance zone remain in place for three months after a positive case. At that point, we can get back to having disease-free status in that area. We are lucky that the vast majority of our product that is exported goes to countries that accept regionalisation. They will only ban the export of product from that restriction zone and surveillance zone, not for the whole country. Some markets ban it for the whole country and do not differentiate. That is a broader challenge. The compensation model that is set out in the Act from 12 years ago is very much targeted at those flock owners.

Peter Cleere (Carlow-Kilkenny, Fianna Fail)
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This morning, I was fortunate to have the opportunity to meet Commissioner McGrath. I welcome the positive news that the European Commission has recommended the extension of the nitrates derogation. I acknowledge the Minister's role in fighting for Ireland. I said numerous times that we as a country were going to have to go into the trenches on the nitrates derogation, and we did. The devil will be in the detail. That will be made available over the next couple of weeks. However, this gives a bit of clarity and certainty to farmers. We do not know the specifics yet. It has been well received out in the community and by farmers whom I spoke to this morning. It is important to acknowledge the Minister's role, the Commissioner's role, the Tánaiste and the Taoiseach. It has been a united effort. Everybody has been on the same page. This is a positive day for Ireland. Hopefully, we can get it through in the next couple of weeks.

Martin Heydon (Kildare South, Fine Gael)
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I thank the Deputy for his remarks. Ultimately, it is an important step in a process. The process now is with the technical committee that meets on 9 December. It was always our intention and ambition in all of our negotiations to get the best possible proposal agreed by the Commission and then put that on the agenda for the 27 member states and that technical committee to hopefully vote on. We still do not have a derogation. As of now, we do not have a derogation on 1 January. It is in the hands of that committee. I negotiated in good faith. There was detailed engagement between my officials and EU officials. I pay tribute to Commissioner Roswall, who came over at my invitation to visit an Irish farm - the Durkin's farm just outside of Kilcullen in County Kildare - to see at first hand the intergenerational work that was at play. The engagement of her officials who have been over here and I have met in Brussels numerous times has been important. It is fair to say that their starting point and our starting point were two different positions.

We have a proposal now that I have confirmed to the House is for an extension of the existing derogation for a three-year period, with other new conditionalities that I will confirm closer to the time. All of my focus now is on engaging with colleagues across the member states so that if there are any concerns or issues ahead of that vote, we give ourselves the best chance possible. This is not done yet. It is at a sensitive point. I look forward to the engagement.

I also recognise the constructive role that the stakeholders, farm organisations and industry have played throughout this process and their patience at a stressful time for everybody involved.