A farmer who previously pleaded guilty to breaching TB regulations by tampering with the accuracy of a TB test is not entitled to compensation under the TB Eradication Scheme, Minister for Agriculture, Food and the Marine Charlie McConalogue has confirmed.

The minister was responding to a parliamentary question on the matter last week from Carlow-Kilkenny TD John McGuinness who asked if the farmer in question was entitled to compensation under the scheme.

This was a follow-up question from one deputy McGuinness asked on the matter last September.

In a response to deputy McGuinness’s latest question last Wednesday (February 24), Minister McConalogue said: “I can confirm that there is no compensation due to the person named.

The successful prosecution of the herdowner by my department resulted in the herdowner being ineligible for compensation, including for the animals referenced in the question.

“The case concluded on July 1, 2011, with the herdowner pleading guilty to three categories of breaches of the Bovine Tuberculosis (Attestation of the State and General Provisions) Order 1989 including of article 7(1) requiring that a herdowner not introduce into the body of an animal any substance for the purposes of affecting the accuracy of the TB test,” the minister noted.

“The herdowner was convicted and fined €500 for one offence in each of the three categories of summons.

“These convictions related to the animals referenced in the question. The remainder of the summonses were taken into consideration and all other summonses were struck out.

The fines amounting to €1,500 combined with costs of €2,500 awarded to the department means that €4,000 is owed by the herdowner in respect of this case.

Outstanding payments

Last September, upon being asked whether the farmer in question was due some outstanding payments under the TB Eradication Scheme, the minister said:

“I can confirm that there are no outstanding payments due to the herdowner in question.

“TB compensation payments were made to this herd as a result of a breakdown up to April 2009 (i.e. Reactor, Income Supplement and Hardship payments).

All further payments including reactor compensation as well as four instalments of monthly Income Supplement (May to August 2009) were withheld and marked for non-payment.

“This was after the herdowner was made ineligible for compensation following prosecution by my department.

“This herd was subsequently destocked by order of the court and made dormant on April 2, 2015.”