Sandra McLellan (Cork East, Sinn Fein)
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Question 769: To ask the Minister for Agriculture, Food and the Marine the position regarding the payment of compensation in respect of a person (details supplied) in County Cork; and if he will make a statement on the matter. [27211/12]

Simon Coveney (Cork South Central, Fine Gael)
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My Department has withheld payment of compensation in respect of animals removed from this person's herd under the Bovine TB Eradication Scheme following the outcome of investigations which disclosed clear evidence of interference with a TB test .

I should point out that my Department takes a most serious view of any attempt to interfere with the test process, which is an offence under Article 7 of the Bovine Tuberculosis (Attestation of the State and General Provisions ) Order, 1989 which prohibits interference with the test and, more particularly, Article 7(2) which obliges the owner or person in charge of an animal to take such care as to ensure that any substance could be not be introduced into the body of an animal for the purpose of affecting the accuracy of the test.

An appeal subsequently lodged by the person concerned to the Regional Assistant Principal Officer was unsuccessful and the person was informed of her right of appeal to the Agriculture Appeals Office. I understand that whilst an appeal was initially lodged to the Agriculture Appeals Office, it was subsequently withdrawn.