Joan Burton (Dublin West, Labour)
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Question 24: To ask the Minister for Agriculture and Food if she will explain the circumstances in which a farmer (details supplied) in County Kildare, who was apparently charged with 59 counts of animal cruelty in 2000, was not stopped from keeping livestock by her Department or not monitored so closely that the recently reported dead sheep on their land might not have had to face such an apparently cruel demise; and the lessons her Department will implement following this case. [18875/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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Primary responsibility for the welfare of animals lies with the owner or keeper of such animals. The owner/keeper is obliged to take all reasonable steps to ensure the welfare of animals under their care and to ensure that such animals are not caused any unnecessary pain, suffering or injury.

The position as regards this Department is that its statutory responsibility relates to the welfare and protection of farmed animals under the Protection of Animals Kept for Farming Purposes Act, 1984 and the European Communities (Protection of Animals Kept for Farming Purposes) Regulations 2000 (SI No 127 of 2000). This legislation does not include provision under which a person can be precluded from keeping farmed animals.

In the case of the person named, I can confirm that his herd number was cancelled in August 2002 following an earlier conviction and direction of the Courts. Our records indicate that his wife is in possession of a sheep flock number. My Department will continue to monitor this situation and will take appropriate action where breaches of the Regulations are confirmed.