Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 450: To ask the Minister for Agriculture, Fisheries and Food when he will respond to this Deputy's correspondence of 7 April 2009 regarding the treatment by his Department of a farmer in County Cavan; the need for an investigation of the actions, and inactions, of representatives of his Department in their dealings with the farmer; and if he will make a statement on the matter. [41858/09]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 451: To ask the Minister for Agriculture, Fisheries and Food the reason the agriculture appeals office at Kilminchy Court, Portlaoise has written to a person (details supplied) in County Cavan advising that their appeal file has been closed; the reason they are being subjected to constant delay in the processing of their entitlements; the reason his Department's veterinarians are refusing them permission to have their animals tested privately; the further reason almost two years later an investigation has not concluded; and when he expects this situation to end. [41859/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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I propose to take Questions Nos. 450 and 451 together.

This herdowner is the subject of investigation by the Garda and my Department's Special Investigation Unit. The investigation will be concluded as expeditiously as possible. A decision taken by my Department not to pay any TB compensation on animals removed for slaughter following a TB test carried out in March 2009 was appealed by the herdowner to the Agriculture Appeals Office. The Agriculture Appeals Office is an independent statutory body and I have no role in relation to its day to day functions. However, I understand that this Office has recently written to the herdowner indicating that it will process the appeal when the Department's investigations are completed.

My Department's decision that TB testing in this herd should be carried out by the veterinary inspectorate from the DVO was taken in the context of the investigation referred to above. The other matters raised in the letter dated 7 April 2009 have been dealt with in correspondence between my Department and the herdowner and or his solicitor. I am satisfied that this herdowner has been dealt with in a fair and equitable manner by my officials and any allegations to the contrary are vigorously denied.