Billy Timmins (Wicklow, Fine Gael)
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Question 236: To ask the Minister for Agriculture and Food the position in relation to farmers with joint herd numbers with their spouses, parents, siblings and so on who received correspondence from her Department requesting them to appoint one contact name as keeper of the herd in case of problems in order that they would have one contact name; the location this directive came from; the person who was authorised to contact all joint herd numbers with this request; the status of the person left off the herd number now compared to their previous status, in case of cheques and so on being issued in one name; if there is a change of circumstances, death, probate and so on, the way this will effect the person left off, if they wish the way they can will reinstate their name on the herd number; and if she will make a statement on the matter. [38065/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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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term "herdowner", which required the nomination of one person in respect of the herd in the 1989 TB Order, has been replaced by the term "keeper" which is defined in Regulation (EC) No 1760/2000 as any natural or legal person responsible for animals, whether on a permanent or on a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 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.

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 "herdowners" 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 "herdowners" 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 "herdowners" rather than to "keepers".

In the event of the death of a person registered as herdowner and not as keeper, the same requirements that arise in cases where persons have an interest in the herd or in any payments due from the Department will apply. In the event of the death of the nominated keeper who also has an interest in the herd, the same rules will apply. In addition, where a keeper dies, those persons remaining in the role as herdowner will be required to nominate a new keeper or, if there is no extant registered herdowner, the estate will be required to nominate a keeper to be responsible for the animals in the herd in relation to dealings with this Department and for the day-to-day care, maintenance and welfare of the animals.

In view of the fact that this policy has been in place for many years, I have asked my Department to have it reviewed.