Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 484: To ask the Minister for Agriculture and Food the reason an application by a person (details supplied) in County Offaly was not considered under the scheme for the allocation of the 32 million litre scheme in view of the fact that they were within the criteria laid down by her Department; if her attention has been drawn to the fact that 17% of the dairy herd was lost in 1979; and if she will make a statement on the matter. [32901/05]

Mary Coughlan (Donegal South West, Fianna Fail)
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In 2002, the person named applied for additional milk quota under the 32 million litre scheme in the animal disease category. Applicants in this category were required to prove that more than 10% of the dairy herd was lost due to certain diseases in 1978, 1979 or 1980 and that milk deliveries in any of the years 1978, 1979 or 1980 were higher than the sum of the initial 1984 quota allocation plus any allocations from the national reserve. As the application did not satisfy all the conditions, the applicant was not eligible for an allocation.

In 2003, an appeal was received in this case and documentation was provided that indicated that more than 10% of the dairy herd was lost due to animal disease in the period 1978 to 1980. However, as the milk deliveries in any one of those reference years was not greater than the sum of the initial 1984 quota allocation plus any subsequent allocations from the national reserve the person failed to qualify for an allocation.

Allocations of milk quota from the national reserve are granted on the basis of recommendations from the milk quota appeals tribunal. The tribunal is a body established to consider and advise on applications for additional quota from individual producers who have suffered severe hardship in the context of the milk quota system. The person applied to the tribunal in the 2004-05 quota year and he was successful in receiving an allocation on that occasion.