Simon Coveney (Cork South Central, Fine Gael) | Oireachtas source

This is a particularly sensitive area for farmers and farming organisations related to valuation and compensation. There were concerns about compensation where animals are destroyed for disease purposes. These were based on a misreading of the current legal situation. The provisions in the Animal Health and Welfare Bill do not make any change to the meaning of the 1966 Act but make the language clearer. The provisions are in line with established case law and the constitutional protection of property. While in the 1966 Act use of the term "shall" at one point is qualified by the term "may" and compensation under the Act is dependent on agreement by the Minister for Finance, currently the ERAD scheme operates without any legal requirement on the Government to pay compensation but the Government pays nevertheless and will continue to pay fair compensation.

When it comes to eradication of widespread endemic diseases, this approach is an important policy plant to ensure compliance with the scheme. I made the point clearly that there is no reason for any move away from the current approach. The issue is that we will not move away from the current approach, be it towards TB or other diseases we want to eradicate. I must, however, have the flexibility where if a person is blatantly abusing the system, he will not automatically be entitled to compensation. If someone steals animals and infects them with TB, then surrenders them as animals that have tested positive for TB, or if someone infects his own herd with TB to draw down compensation, we must be able to refuse payment. This is the flexibility that already exists and must be covered in the legislation. We are not changing anything, and I reiterate for the benefit of those who were concerned that the commitment to compensate for animals that must be destroyed is being undermined that this is not the case. We had a long discussion on this issue in this House when it was raised by Senator Ó Domhnaill and on Committee Stage in the other House. We have clarified the issue and I am clarifying it again today.