Dáil Éireann Debate, Monday - 7 September 2026
2681. Deputy Paul Lawless asked the Minister for Agriculture, Food and the Marine the appeal mechanisms available to an animal owner prior to the destruction of cattle by his Department; whether emergency powers may be exercised without notice; and if he will make a statement on the matter. [61265/26]
View answerThe destruction of cattle outside of the food chain is an exceptional event that is only undertaken by my Department to safeguard human health and/or to protect animal health and welfare. When destruction is considered necessary it is undertaken by my Department in accordance with the applicable legislation.
The Minister has powers under a large range of legislation to destroy or euthanize a bovine animal. The legislation most commonly applied to the destruction of bovine animals is the Animal Health and Welfare Act 2013 (“the 2013 Act”) and the European Union (Animal Identification and Movement) Regulations 2023 (S.I. 254 of 2023) (“the 2023 Regulations”):
Section 42 of the 2013 Act allows an authorised officer of the Minister to issue an Animal Health and Welfare Notice for various reasons, including where there is a breach of the Act, where an animal, land or premises is affected with disease, or where the conditions on a farm give rise to a risk of disease or the spread of disease. The notice may require the owner or person in control of an animal to take various remedial actions, up to and including the destruction of an animal. Section 43 of the Act allows a notice to be appealed to the District Court on the grounds that the Notice is unreasonable having regard to the Act. Where a Notice is not complied with, section 44(1) of the Act allows an authorised officer to seize an animal, and to sell, destroy or otherwise dispose of that animal. Similar powers to issue a Welfare Notice for welfare purposes are contained in Regulation 33 of the European Communities (Welfare of Farmed Animals) Regulations 2010. A Welfare Notice under the 2010 Regulations may be appealed (Regulation 35) and an authorised officer may seize and destroy an animal where there is non-compliance with a Welfare Notice (Regulation 36).
Section 23 of the Animal Health and Welfare Act 2013 allows for the emergency humane destruction of an animal by an authorised officer where the animal is fatally injured, or so severely injured that killing is required to prevent further suffering, or where the animal is a danger to life or property. The officer must first consult with a veterinary practitioner (or make reasonable efforts to do so) and must have regard to expert veterinary opinion and any applicable code of practice. Regulation 37 of the 2010 Regulations provides for the emergency killing of an animal in similar circumstances to s. 23 of the 2013 Act.
Section 30 of the 2013 Act allows the Minister to direct the destruction of an animal in certain further circumstances, in particular to prevent the spread of disease. While there is no appeal in such circumstances, section 31 of the Act provides for compensation and an independent valuation mechanism.
The 2023 Regulations give further effect to EU requirements for animal identification and movement, in particular the Official Controls Regulation (Regulation 2017/625) and the Animal Health Law (Regulation 2016/429). Regulation 28 of the 2023 Regulations allows an authorised officer to issue a Compliance Notice in the case of non-compliance with animal identification requirements under EU law, or where necessary to protect human health or to prevent or control disease. A Notice may require the owner or person in control of an animal to take various actions, up to and including the destruction of an animal. The Notice may be appealed under Regulation 29 on the grounds that it is unreasonable having regard to the 2023 Regulations or the requirements of EU law. In the case of non-compliance with a Notice, under Regulation 30, an authorised officer may seize an animal and sell, destroy or otherwise dispose of that animal. In limited circumstances where it is considered necessary, an authorised officer of the Minister may issue an Identification Notice under Regulation 27 of the 2023 Regulations requiring an owner or person in control of an animal to ensure that it is identified in accordance with EU law. Where the animal cannot be properly identified, the officer destroys the animal in accordance with Article 138(2) of the Official Controls Regulation to prevent the animal entering the food chain and to protect human health.
