Sandra McLellan (Cork East, Sinn Fein)
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Question 552: To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question Nos 769 of the 6 June 2012 and 541 of the 19 June 2012, in view of the fact that in the court case in question his Department failed in a prosecution against the herd owner and the judge stated that there was no case to answer, the reason his Department are refusing to pay compensation and telling the herd owner to appeal this decision; and if he will make a statement on the matter. [32071/12]

Simon Coveney (Cork South Central, Fine Gael)
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While the criminal prosecution mounted by my Department was not successful, the Department is satisfied that there was substantial evidence that the test was interfered with. Therefore such action was considered to be a "Flagrant Breach" as set out under the terms and conditions of the scheme, which are outlined in the Information Booklet provided to herdowner at the time of restriction. Accordingly the penalty of 100% which was applied in this case is considered justified but the herdowner has been advised of the appeal options which are available to all herdowners under the terms and conditions of the scheme.