Niall Collins (Limerick County, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

916. To ask the Minister for Agriculture, Food and the Marine if a herd number can issue to an applicant in circumstances in which a will has not yet been probated or any living relatives have been located; if this is not possible, the mechanism that may be available to the applicant to progress an application (details supplied); and if he will make a statement on the matter. [10020/22]

Charlie McConalogue (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

A herd number is an administrative device issued by my Department for the purposes of disease control. A herd number does not imply ownership of lands, ownership of any animals kept or tested under that herd number or entitlement to payments under any schemes operated by my Department.

There are two roles associated with a herd number - herd owner and keeper.

If a keeper, who is in the role of ‘herdowner’, dies, then the role of herdowner can only be assigned to another person, when all legal documentation, i.e., certified copies of the will and grant of probate, have been provided to my Department.

If probate is unavailable, a solicitor's letter, confirming same must accompany the will and a certified copy of probate must be forwarded to my Department when later granted.

Therefore, it is open to the personal representatives of a deceased herdowner, to register an interest in the herd by writing to my Department through their solicitor confirming that they are acting as representatives of the deceased and that probate or letters of administration are being taken out in favour of the applicant and indemnifying my Department against any damages or claims arising from the assignment of the herd number to their client.

If there are animals on a holding and the identity of the herdowner or keeper cannot reasonably be ascertained, or the herdowner or keeper is not suitable, a natural person may be nominated by the personal representatives to act as keeper.

Alternatively, a person may apply for new herd number. The applicant must submit evidence of entitlement to use the lands on which the herd number is being applied for, such as, original or certified copies of land registry documents, deed of transfer or a written lease agreement.