Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 426: To ask the Minister for Agriculture and Food further to Parliamentary Question Nos. 247 and 248 of 23 November 2006, the reason her Department did not issue a statutory notice under Section 25 of the Diseases of Animals Act 1966; if this section is still utilised by her Department; the number of times it has been used in the past 12 months; and if she will make a statement on the matter. [42716/06]

Mary Coughlan (Donegal South West, Fianna Fail)
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The person mentioned failed to have conducted the tests required to maintain the health status of his herd and 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.

Section 25 of the Diseases of Animals Act 1966 does not provide for a statutory notice to be issued. Rather it provides that an authorized person may enter a holding with a view to carry out such examinations, carry out tests, take samples etc as may be required by the Minister for Agriculture and Food. Further it requires any person owning or in charge of animals to carry out such instructions from an authorized person as may be necessary in connection with the furtherance of disease eradication. In the case in question, in view of the fact that primary responsibility for carrying out TB and Brucellosis tests rests with herd-owners, an authorized officer of the District Veterinary Office served 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 on the person concerned requiring the tests to be carried out by 15 December 2005. To date, the person has not complied with these notices.

Section 25 of the Disease of Animals Act is regularly used by my Department as the legal basis for Class B disease investigative purposes and also for tests under the TB and Brucellosis schemes conducted by veterinary inspectors employed by my Department and other authorized officers. It is furthermore the legal basis for persons to act for the purpose of eradication of a Class B disease and as such all persons authorized to act under the TB and Brucellosis Orders have been authorized under this Section. Details of the number of times it has been used in the past 12 months are not kept centrally.