Matt Carthy (Cavan-Monaghan, Sinn Fein)
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172. To ask the Minister for Agriculture, Food and the Marine the circumstances in which a cull of poultry may be ordered arising from an outbreak of avian influenza; and the criteria which determines if a farmer receives compensation in such circumstances. [66731/25]

Martin Heydon (Kildare South, Fine Gael)
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Since early November, there have been four outbreaks of highly pathogenic avian influenza (HPAI) caused by the H5N1 virus in turkey flocks in counties Carlow, Meath, Monaghan, and Laois.

The Animal Health & Welfare Act 2013 states that I, as the Minister, may pay compensation to the owner of a farm animal or animal product, feed or other thing relating to a farm animal, if I have directed that the animal or item must be killed or destroyed to alleviate the risk of disease, to prevent the spread of disease or to diagnose, control or eradicate disease. Highly pathogenic avian influenza is one of the diseases to which the act applies.

Where a flock is infected with a low pathogenic avian influenza virus, this does not fall under the definition of an outbreak of highly pathogenic avian influenza. In such a circumstance, I would not order the cull of the flock and thus the question of compensation in respect of culling would not arise.

Compensation will not be payable in respect of any animal killed or any item destroyed, if I have not directed the killing or destruction. Any compensation payable by the State will not be paid to anyone other than the owner of the animals or items affected. Consequential losses are not compensated for.

Section 35 of the Act provides that compensation may be reduced or not payable at all in a number of situations, including if an owner failed to implement appropriate biosecurity measures or if the owner failed to take reasonable measures to alleviate the risk, or spread, of disease or a disease agent.