Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 495: To ask the Minister for Agriculture, Fisheries and Food if he will respond to queries raised by a person (details supplied) in County Offaly; and if he will make a statement on the matter. [43012/09]

Brendan Smith (Cavan-Monaghan, Fianna Fail)
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The holding of the person concerned has been restricted since 2 April 2008 following a post mortem check on animals sent for slaughter which disclosed TB infection in two animals. A TB skin test was carried out in May 2008 on the animals remaining in the herd and a further 9 reactors were identified. Further tests in the herd have resulted in a total of 25 reactor animals being removed. Compensation due under the TB On Farm Market Valuation Scheme has been paid in respect of all animals removed from the herd in question. With regard to the Income Supplement scheme, herd owners who have animals removed as reactors may, subject to qualification criteria, also be considered for additional compensation payments under this Scheme where disease breakdowns results in the removal of more than 10% of animals in a herd and where depopulation is not appropriate.

In breakdowns of this nature, the calculation of reactor numbers removed is based on the herd tests that takes place following the disclosure of infection as a result of the post mortem tests. Therefore animals that disclosed infection in the context of the post-mortem check are not included in that calculation because those animals were not removed as reactors by my Department. With regard to the calculation of the number of animals in the herd to be taken into account for this scheme, the position is that eligibility is based on the number of animals presented for the first herd test following the disclosure of the lesions and not the number of animals in the herd at the time of the disclosure of the lesions. On that basis, the number of animals removed to date is not in excess of the 10% threshold and the herd owner concerned was advised by the DVO in a letter dated 16 October 2009 that he is ineligible under the scheme at this time. The TB eradication compensation scheme provides an appeal process for herd owners which allows appeals to be submitted to my Department and, should that appeal be unsuccessful, there is an option to appeal the decision to the Agricultural Appeals Office.