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Dáil

Written answer

Agriculture Schemes

178. Deputy William Aird asked the Minister for Agriculture, Food and the Marine the average length of time taken from initiation to conclusion of the arbitration process under the TB compensation arrangement scheme; the number of cases currently awaiting determination by the arbitration panel; whether delays have increased in recent years; and if he will make a statement on the matter. [52206/26]

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Martin Heydon Minister for Agriculture, Food and the Marine Fine Gael

The On Farm Market Valuation Scheme (OFMV) is the principal compensation measure available to Herdowners whose herds are affected by a bovine TB breakdown in their herd. The Scheme aims to compensate farmers up to the open market value of an animal as if they were not affected by disease, subject to ceilings.

All animals valued as part of the On Farm Market Valuation Scheme are valued by independent livestock valuers. The valuer visits the holding to assess the animals and award values reflective of pricing on the open market.

The On-Farm Market Value arbitration process is used when a Herdowner or my Department disagree with the appeal valuation of the animals that are due to be removed because of TB. An independent expert panel will review the case and decide on the final value.

Whichever party rejected the appeal valuation may subsequently choose not to proceed with arbitration. Payment of OFMV will then be made on the basis of the appeal valuation (subject to the other party having accepted the appeal valuation).

There were 37 cases heard at Arbitration in 2025. With an average of 7 cases heard at each meeting of the Arbitration Panel.

Currently there are 4 cases awaiting to be heard by the Arbitration Panel. Under the OFMV scheme there is no fixed statutory timetable for Arbitration. However, the panel generally aims to meet four times per year. The date and location for a hearing is determined by the number of cases outstanding and the locations of the Herdowners to be scheduled.

Other factors also contribute in the timing of a hearing of the Arbitration Panel, including but not limited to, the number of outstanding cases to be heard, the requirement of relevant documents and submissions from Herdowners and my Department, the availability of panel members, representatives or Herdowners, the availability of designated meeting locations etc.

Compensation due under the On Farm Market Valuation Scheme in respect of cases which can (in line with legislative requirements) proceed to Arbitration cannot be finally determined until the Arbitration hearing has been concluded. On that basis, arrangements are made for an interim payment being approximately 85% - 90% of the lower valuation to issue to the Herdowner. The issuing of any payment due is subject to receipt of all relevant documentation required by the RVO and to the checks carried out for compliance with scheme criteria.

All Arbitration Hearings are conducted in accordance with the legislation governing compensation, and the 2010 Arbitration Act. The decision of the Arbitration Panel is final and binding on both parties.

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