Michael Ring (Mayo, Fine Gael)
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Question 294: To ask the Minister for Agriculture and Food the legal authority, including EU and Irish regulations, which empowers her mandatorily to oblige livestock farmers of holdings run under a herd number registered in more than one name to cede legal authority or accountability for key control areas of a joint or multiple owned herd to only one person to be known as the keeper of the animals; the way in which the demand is in compliance with the natural and constitutional principles of fair procedure and equality before the law; the published conditions which entitle her to disqualify farmers, including women and family members with equal or other ownership interest in animals within a holding, from payment of subsidies or other entitlements, or the ownership of animals, when they refuse to comply with the demand; and if she will make a statement on the matter. [14949/05]

Michael Ring (Mayo, Fine Gael)
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Question 307: To ask the Minister for Agriculture and Food the legal authority, including EU and Irish regulations, under which she is empowered to force livestock owners in holdings governed by a herd number registered in more than one name to nominate only one person to act as keeper for the herd when the person so nominated would be the only person open to prosecution and, on conviction, potentially liable to heavy fines or imprisonment, in the event of prosecutions connected with such person's area of responsibility being brought before the courts by her Department; her views on whether the imposition of such a draconian requirement on livestock owners is at one with the principles of social justice or in compliance with the natural and constitutional principles of fair procedure and equality before the law; and if she will make a statement on the matter. [15353/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 294 and 307 together.

Article 2 of Regulation (EC) No. 1760/2000 of the European Parliament and of the Council of 17 July 2000, which established a system for the identification and registration of bovine animals and the labelling of beef and beef products, defines a "keeper" as any natural or legal person responsible for animals whether on a permanent or temporary basis, including during transportation or at a market. In line with this definition, in circumstances where more than one person has an interest in a herd, my Department requires a single person to be nominated as keeper to be the initial point of contact in regard to animal inspections, testing, identification, records etc. to sign documents pertaining to the identification of the animal and to be deemed legally responsible for the day-to-day care and welfare of the animals. It also places a responsibility on the keeper to notify the database of animal births, deaths and movements, to keep the herd register and to sign certain documents such as the animal passport when the keeper takes possession of an animal. The designation of more than one person as keeper would lead to general confusion, possible denial of responsibility, duplication of communication to all named parties difficulties in supply of identification tags and documents and difficulties in prosecutions, all of which could delay immediate action in regard to the prevention of the spread of animal disease and the protection of animal welfare.

With regard to prosecutions for non-compliance with relevant legislation, since the keeper is the person defined in EU and national legislation as being responsible for the animals, he or she will be held responsible before the law for any breaches of this legislation. However, where justified by the evidence available, other persons who have an interest in the herd or who are involved in the maintenance of the herd may also be prosecuted for such breaches.

In regard to entitlements under the various schemes operated by my Department, the keeper role is classified as a non-financial role and payments are made to herdowners rather than to keepers. As stated in my Department's information note for applicants for a herd or flock number for cattle, sheep and-or goats, which is issued by the district veterinary offices, persons other than keepers who have an interest in the herd may register their interest in the herd as herdowners through form ER1.1 and, accordingly, qualify for payment under these schemes. In view of this, it is not the case that the requirement to designate a single keeper disqualifies some farmers from these schemes.