Michael Healy-Rae (Kerry, Independent)
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46. To ask the Minister for Justice and Equality the status of the killing of heifers (details supplied); and if she will make a statement on the matter. [21803/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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Further to the details supplied by the Deputy, I can confirm that this is not a case of receivership or repossession. The cattle in question were, at the time of the cull, in the ownership of the Official Assignee in Bankruptcy, who is an officer of the Court with specific statutory functions and duties to discharge. As the Deputy will be aware, the cattle were from a herd that was restricted due to tuberculosis and the Official Assignee was legally responsible for compliance with the relevant Department of Agriculture regulations.

In the case to which the Deputy refers, the Defence Forces carried out the humane cull of five cattle, following consultation between the Department of Agriculture, Food and the Marine, the Garda Síochána, and the Official Assignee. The cull was carried out pursuant to the relevant protocol between the Department of Agriculture and the Department of Defence, and under veterinary supervision. The Deputy will also be aware that there is a long history to this particular case, and this decision to carry out a humane cull was taken in response to significant concerns, and in the public interest.

The Garda Commissioner is directly responsible for Garda operational matters, including the direction and control of Garda members. I have no direct role in relation to these matters. I am informed that members of An Garda Síochána attended at the farm in question in Co. Monaghan to deal with any possible breach of the peace. Members of An Garda Síochána may attend at such incidents in order to prevent a breach of the peace or a criminal offence occurring and in complying with the functions of An Garda Síochána as provided at section 7(1), Garda Síochána Act, 2005, as amended.