Bernard Durkan (Kildare North, Fine Gael)
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Question 285: To ask the Minister for Agriculture, Fisheries and Food the procedures that were followed in the transfer of herd number (details supplied); if the herd number was transferred before or after the death of the registered herdowner; if confirmation as to the ownership of the lands was sought or given; if permission of the landowner, or evidence thereof, was sought or given in respect of the issue or transfer of the herd number in question on a permanent or temporary basis; the date in which the application was made and by whom; if such person or persons had sought or received the permission of the landowner to occupy or administer the lands in question; if such evidence was sought or produced, whether authorisation attaching to the lands or herd number in question in respect of qualification for farm payments arising from entitlement or perceived entitlement on foot of any particular or specific evidence produced; if all of the procedures in accordance with the guidelines set out in his reply to Parliamentary Questions Nos. 260 and 261 of 14 July 2011 have been complied with; and if he will make a statement on the matter. [21778/11]

Simon Coveney (Cork South Central, Fine Gael)
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My reply of 14 July, 2011 sets out the procedures that are followed in relation to changes to a herdnumber.

On 9 December 2009 a copy of the death certificate of the person in whose name the herdnumber was registered was received by my Department. In accordance with standard procedures in such circumstances, the herdowner was then registered under personal representatives of the deceased person. An application was received on 4 January 2010 from the personal representatives of the deceased person to register details of the herdnumber in the name of the son of the deceased person. The application was accompanied by a copy of Probate of the Will of the deceased person, indicating that the son was the executor and sole beneficiary of the Estate. Following an on-farm inspection on 27 January 2010, it was decided that no change in registration of the herdnumber should take place pending clarification of the issue of ownership of the land and or cattle thereon. In the meantime, the herd keeper role, which assigns responsibility for the care and maintenance of the cattle to a nominated person, was assigned to the son of the deceased person in whose name the request for transfer of the herdnumber had been received. An on-farm inspection was carried out by the DVO on 27 January 2010 and all of the cattle present on the holding were inspected and found to be in order. As outlined in my earlier reply, a nominated keeper may or may not be the legal owner of the animals held under a herdnumber or the holding where the animals are held.

With regard to entitlements to certain farm payments, under EU Regulations governing the Single Payment scheme, entitlements are not attached to land and do not transfer automatically with land. Entitlements form an independent asset that is owned by a specified person and, upon the death of that person, is governed by normal testamentary procedure. In accordance with the will of the deceased person, the son was the executor and sole beneficiary of the Estate. Therefore he became the beneficiary of these entitlements which he subsequently sold to third parties from 2008.

With regard to Suckler cow and Disadvantaged Area payments, any payments due under these schemes issued into the bank account of the deceased person and hence the normal testamentary procedure regarding execution of the will and her estate would have applied to those payments

On 5 May 2011 an application for registration as a herdowner was received from the daughter of the deceased person. Evidence of ownership of land accompanied this application. This application is currently under consideration and it is anticipated that a decision will be made in regard to that application in the near future.