Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 246: To ask the Minister for Agriculture and Food the legal basis for tuberculosis and brucellosis testing; the legal sources, both national and European, used in the operation of the TB and brucellosis statutory scheme; and if she will make a statement on the matter. [39880/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The EU legal basis for the TB and Brucellosis schemes is primarily Directive 64/432/EEC, which governs trade of bovine animals. Other EU legislation which includes provisions relating to these diseases are Directives 64/433/EEC, 92/46/EEC, Regulation No. 2004/853/EC and legislation governing Community co-financing of eradication programmes (Directive 77/391/EEC and Decision 90/424/EEC) and amendments updating such legislation.

Directive 64/432/EEC provides, inter alia, that all animals are subject to test at intervals determined by the national disease level. At current disease levels in Ireland, all herds and all eligible animals must be tested annually. In the case of TB, eligible animals include all bovine animals on the holding, with the exception of calves under 6 weeks which were born on the holding. For Brucellosis, eligible animals are all female bovines and bulls over 12 months of age.

With regard to national legislation, the provisions governing TB and Brucellosis testing are contained in the 1966 Diseases of Animals Act (as amended) and in Orders made under the Act. The principal Order in relation to TB is the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989, (S.I. No. 308 of 1989). In the case of TB, eligible animals being moved out of a herd must have passed a TB test within the previous 12 months in accordance with Article 17 of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989, (S.I. No. 308 of 1989) as amended by Article 7 of the Bovine Tuberculosis (Attestation of the State and General Provisions) (Amendment) Order 1996 (S. I. No. 85 of 1996). With regard to Brucellosis, the principal Order is the Brucellosis in Cattle (General Provisions) Order 1991 (S.I. No. 114 of 1991). Brucellosis eligible animals being moved out of a herd, other than directly to premises at which they are to be slaughtered, must have passed a Brucellosis test in accordance with Article 18 (2) of the Brucellosis in Cattle (General Provisions) Order 1991, (S.I. No. 114 of 1991) (as amended by Article 2 of the Brucellosis in Cattle (General Provisions) (Amendment) Order, 1998 (S.I. No. 39 of 1998) within the previous 30 days.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 247: To ask the Minister for Agriculture and Food the legal basis for issuing a notice of suspension of the herd number which was received by a person (details supplied) in County Roscommon on 4 November 2005; the reason her Department failed to issue a statutory notice under section 25 of the Diseases of Animals Act 1966; the reason officials from her Department issued a restriction notice, received on 15 November 2005, declaring that the herd was a restricted holding for tuberculosis or brucellosis purposes; and if she will make a statement on the matter. [39881/06]

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 248: To ask the Minister for Agriculture and Food if she will confirm that her Department will restore the official health status of a herd (details supplied) and ensure that a statutory tuberculosis or brucellosis herd test is carried out immediately; and if she will make a statement on the matter. [39882/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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I propose to take Questions Nos. 247 and 248 together.

The herdnumber of the person mentioned has been suspended and his holding has been restricted because he has failed to have conducted the tests required to maintain the health status of his herd and has further refused to comply with notices issued by my Department to have his herd tested for Bovine Tuberculosis and Bovine Brucellosis. The herd belonging to this person was last tested for TB on 30 September 2004 and for Brucellosis on 27 September 2004.

An attempt was made to hand deliver formal statutory notices under the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 and the Brucellosis in Cattle (General Provisions) Order 1991 to the person's premises by Department official on 11 November 2005. Having failed to serve these notices on the person, they were forwarded to the person by registered post on the same date. Receipt of the documents was acknowledged in writing by the person. The notices were re-issued on 1 December 2005, requiring the tests to be carried out by 15 December 2005. To date, the person has not complied with these notices.

The legal basis for these notices is the Diseases of Animals Act 1966 and the TB and Brucellosis Orders made thereunder and mentioned above and EU Directive 64/432/EEC, which governs trade of bovine animals and sets out the conditions required to establish and maintain health status for TB and Brucellosis. In addition, my Department's administrative rules provide for the suspension of a herdnumber where there has been a failure to comply with the testing requirements issued by my Department.

The objective of the TB and Brucellosis eradication schemes is to reduce and eventually eradicate these two diseases and it is the responsibility of keepers and herdowners to arrange with their private veterinary practitioner for the tests to be carried out. The herdnumber will be restored when the tests have been carried out and the restriction notice will be lifted when the officially free status of the herd has been determined.