Letters issued to farmers by the Department of Agriculture detailing their herd’s TB risk history may leave the State open to legal challenge, the Irish Natura and Hill Farmers Association (INHFA) has warned.

INHFA president Colm O’Donnell questioned how animals that passed a TB test a number of years ago and have continued to do so ever since can be deemed high risk for TB. He asked what that meant for the State-approved testing programme.

Farmers have contacted the INHFA office “confused and angry” at the contents of the letter, O’Donnell said. It was a feeling reflected with farm advisers and public representatives across the country, he added.

There was now an urgent need for Minister for Agriculture Charlie McConalogue to intervene with his Department and provide clarity on the value of the current testing programme and several other points.

Questions

The INHFA’s questions include:

  • Who was involved in the decision-making process?
  • As these reports will have a major impact on all farmers and especially those dependent on trading of stock, what consideration was given to the impact of these reports and was legal opinion sought before any final consideration?
  • How many farmers have been advised to cull stock and how many cattle does this involve?
  • In relation to the advice on culling stock, what consideration has been given to the impact this will have on the marketplace?
  • In the last number of years there have been calls to reduce the national herd in order to help deliver on our climate change targets. Was this a consideration in the recommendations to cull stock?
  • When farmers are selling stock in marts, will their herd details relating to their TB status be reflected on the noticeboard? If so, what impact will this have on the stock value and is this in compliance with GDPR?
  • Has the Department considered the legal implications for the State in advising farmers to cull stock a number of years after a Department-approved test gave that farmer the all-clear?
  • For farmers with a single reactor animal that subsequently tested negative when slaughtered, do these TB statements still list this herd as having a TB outbreak?
  • Issues

    O’Donnell said he believed that in answering the organisation’s questions, the Department would see “will see how ill-advised this is and withdraw the letters”.

    It may also ensure the Department “don’t just look at issues from an administrative viewpoint but also consider how actions such as these impact on farmers”, he concluded.

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