Luke Flanagan (Roscommon-South Leitrim, Independent)
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562. To ask the Minister for Agriculture, Food and the Marine further to Parliamentary Question No 172 of 13 February 2013 regarding all the bovine tuberculosis and brucellosis reactors removed under section 20 of the Diseases of Animals Act 1966 as referred to in his written reply of the 13 February 2013, if he will confirm the actual number of bovine tuberculosis and brucellosis reactors that have been taken possession of by agreement in accordance with section 20(a)(i) of the Diseases of Animals Act 1966 since its inception; if his attention has been drawn to the fact that in failing to take possession of all bovine TB and brucellosis reactors by agreement in accordance with section 20(a)(i) of the Diseases of Animals Act he is committing a criminal offence;; and if he will make a statement on the matter. [19135/13]

Simon Coveney (Cork South Central, Fine Gael)
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As indicated in the previous reply, the Diseases of Animals Act, 1966 (as amended) makes general provision for the control and eradication of disease, the categories of animals and classes of diseases to which the Act applies. Section 20 of the Act empowers, but does not oblige, the Minister to make Ministerial Orders for specified purposes and the nature of offences that may be prosecuted. The Bovine Tuberculosis (Attestation of the State and General Provisions) Order, 1989 was made under powers conferred by several sections, including a number of those provided for in Section 20, of the Act. The Order provides for, inter alia, the prohibition of tuberculosis testing without Department permission, the type of test to be used, the tagging of reactors, the removal, movement, control and slaughter of reactors. Similarly the Brucellosis in Cattle (General Provisions) Order, 1991 as amended was made under powers conferred by the Diseases of Animals Act, 1966, including section 20, and contains similar provisions to the TB Order. Statistics on the numbers of TB reactors removed up to the end of 2012 were provided in the February reply. The number of reactors removed to date in 2013 (21 April) is 3,240. The number of reactors removed during the same period in 2012 was 3,702.