Bernard Durkan (Kildare North, Fine Gael)
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Question 260: To ask the Minister for Agriculture, Fisheries and Food the criterion in place for the allocation of bovine herd numbers in cases where the herdowner is deceased and is not the owner of the relevant farmland; if he will set out the usual requirements in order to obtain a herd number by the landowner or others in such circumstances; and if he will make a statement on the matter. [20666/11]

Bernard Durkan (Kildare North, Fine Gael)
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Question 261: To ask the Minister for Agriculture, Fisheries and Food the conditions under which a person may apply for or obtain or both a temporary or caretaker herd number in circumstances when the registered herdowner, not the landowner is deceased; if the landowner is contacted or notified regarding the issue of a herd number in such circumstances; if the landowner or representatives of the registered herdowner is the appropriate person to make an application for a herd number in such circumstances; and if he will make a statement on the matter. [20667/11]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 260 and 261 together.

A herd number is an administrative arrangement under the disease eradication schemes and does not denote ownership of stock or lands. Thus the person in whose name the herd number is registered, being the (nominated) keeper of the animals, may or may not be the legal owner of the animals held under that herd number or the holding where the animals are held.

In cases where a herdowner is deceased, it is necessary first for my Department to establish the legal succession in respect of the herd before assigning the herd number role to another person. Where the successor is identified through grant of probate or letters of administration, the herdowner role can be assigned to the applicant subject to the necessary evidence being provided. Where legal succession is not established, such as where there is an absence of a Grant of Probate or Letters of Administration because of a delay in processing, in exceptional circumstances the applicant can be nominated in writing by a Solicitor as the herdowner if evidence is produced that the applicant is entitled to be assigned the herd number for the animals, for example, by way of a Solicitor's letter informing my Department that he/she is acting as representative of the deceased and that Probate or Letters of Administration are being taken out in favour of the applicant and indemnifying the Department against any damages or claims arising from the assignment of the herd number to their client. However, if there is any doubt as to the legal succession, the role of herdowner cannot be assigned until all legal documentation is submitted to the DVO.

With regard to the condition under which a person may apply for and or obtain a temporary or caretaker herd number in circumstances when the registered herdowner, not the landowner, is deceased, the procedure for issuing a herd number for use on a temporary or caretaker basis is the same as outlined above regarding the legal succession. The legal representative or the legal successor of the deceased herdowner is the appropriate person to make an application for a herd number for the herd concerned. In these circumstances, it is normal practice for my Department to contact the personal representative of the deceased in order to nominate a keeper of the animals and establish who has the use of the lands. The issues raised by the Deputy are complicated in view of the fact that the owner of the holding (land) is not the owner or keeper of the herd in question and herd numbers are issued in respect of animals in relation to a particular holding. If the Deputy has a particular case in mind, he should ask the person concerned to seek advice from my Department's District Veterinary Office in the area concerned. Further, my Department has set up an Inheritance Enquiry Unit for dealing with any payments from my Department due to the estate following the death of a farmer.