Michael Ring (Mayo, Fine Gael)
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Question 865: To ask the Minister for Agriculture, Fisheries and Food the action, following a recent court judgment that a farmer in a situation (details supplied) can take. [1847/08]

Mary Coughlan (Donegal South West, Fianna Fail)
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The position is that there will always be occasions when livestock farmers will have or will share a right of way. I have no legal authority to interfere in, alter, limit or extinguish such a right. The creation, alteration and extinguishment of private rights of way are primarily a civil issue. The persons exercising a right of way are required to do so within the limits and/or restrictions of the right of way for whatever purpose as granted to them and also the user must respect the rights of user as exercised by the fee simple owner over the right of way, if any.

With regard to the movement of cattle, the fundamental principle of non-co-mingling of animals from different herds, so that animals are not exposed to additional disease risk or do not facilitate the spread of disease between animals or herds, is a requirement that must be observed by all parties who might use a right of way. In any event, good farming practice should dictate that two or more farmers should not use or walk livestock on a right of way at the same time. If it comes to the attention of my Department that herds have co-mingled, it will be necessary to assign the lowest disease status to all such herds. This could be to the detriment of the farmers concerned as they may not be able to trade or sell their livestock. This is primarily a matter for discussion and resolution by the parties concerned, save that I may be obliged to intervene if any breaches of animal legislation occur.