Denis Naughten (Longford-Roscommon, Fine Gael)
Link to this: Individually | In context

Question 441: To ask the Minister for Agriculture and Food the rights of a joint herd owner who is not the keeper of animals; the reason they do not have their name on the animal passports; if they are entitled to sign such passports, dispose of animals, apply for schemes, receive payment under schemes; her views on whether this discriminates against women in agriculture; and if she will make a statement on the matter. [37567/06]

Mary Coughlan (Donegal South West, Fianna Fail)
Link to this: Individually | In context

A herd number is an administrative arrangement designed primarily for the purposes of disease control under the disease eradication schemes, which involves the allocation of a number to a herd as provided for under S.I. No. 276 of 1999 (European communities (Identification and registration of bovine animals) Regulations, 1999). The traditional term "herd-owner", which required the nomination of one person in respect of the herd in the 1989 TB Order, has been substituted by the term "keeper" which is defined in Regulation (EC) No. 1760/2000 as any natural or legal person responsible for animals, whether on a permanent or on a temporary basis, including during transportation or at a market. In effect, the "keeper" is the person who is to be the initial point of contact in regard to animal inspections, testing, identification, records etc. to sign movement documents and passports of animal(s) and to be deemed legally responsible for the day to day care and welfare of the animals. The keeper also has responsibility 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. Owners who are not registered as keepers may not sign the passports. With regard to the disposal of animals, the movement permit is issued to the keeper.

My Department, as a matter of policy, when issuing a herd number registers one individual person as the "keeper" of the animals. 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 relation to the prevention of the spread of animal disease and the protection of animal welfare.

The registration of a person as keeper does not infer ownership of the lands or animals in the herd. When multiple persons, a company, or an institution wish to register an interest in the herd number, they are registered as "herd-owners" and are asked to nominate the keeper.

Irish national legislation on the TB eradication programme has, since its inception in the 1950s, required the nomination of a single responsible person when more than one person is involved with the herd. In a recent effort to align Department computer systems, to regularise records and to bring the terminology more into line with the EU regulations, in cases where multiple persons had been recorded and no single person was nominated as keeper, my Department issued a request to farmers to nominate one person as keeper for the herd.

With regard to the position of persons who have a beneficial interest in the herd but who are not registered as keepers, such persons may register their interest in the herd as "herd-owners" through Form ER1.1 and, accordingly, qualify for payment under the various schemes implemented by my Department. In this regard, I should emphasise that the "keeper" role is classified as a non-financial role and payments are made to "herd-owners" rather than to "keepers".

In view of the fact that access to herd numbers is open to persons of either gender to be nominated as keeper, the implementation of this policy is not a discriminatory practice against women in agriculture. Nevertheless, I have asked my Department to undertake a review of this policy.