TOPICAL ISSUES DEBATE
7 July 2016
Shooting of cattle by the Defence Forces on a farm in Carrickmacross,
County Monaghan on 5 July 2016 as part of a debt collection exercise
Deputies: Martin Kenny, Martin Ferris, Clare Daly, Niamh Smyth
Opening remarks by the Minister of State at the Department of Justice and
Equality, Mr. David Stanton, T.D. on behalf of Tánaiste and Minister for
Justice and Equality, Ms. Frances Fitzgerald, T.D.
On behalf of the Tánaiste, I thank the Deputies for raising this issue.
I think Deputies should be very careful in rushing to judgement about this
case or operating on the assumption that the various agencies involved –
the Official Assignee, the Defence Forces, the Department of Agriculture,
Food and Marine and An Garda Síochána would have undertaken the action in
question as anything other than as a matter of last resort and in the
public interest.
The House will appreciate that it would not be appropriate for me to
comment in detail here on the affairs of third parties who have been the
subject of proceedings. The inevitable consequence of this unfortunately is
that I cannot put on the record of the House the full facts surrounding the
case.
I can say, however, that some of the public comment about the case – and,
in particular, offensive suggestions which have been made about the role of
the Defence Forces – has no basis in reality.
The Defence Forces carried out the humane cull of five animals on a farm in
Co. Monaghan due to a significant concern for public safety. It is not
correct, as has been alleged, that the cattle were treated inhumanely or
that this case involves the operation of debt collectors.
This operation was carried out at the request of the Official Assignee in
Bankruptcy who is responsible for the herd of cattle on that farm, and it
was done in conjunction with An Garda Síochána, and with the Department of
Agriculture, Food & Marine as well as with the Defence Forces.
While there is a long history to this particular case, I can inform
Deputies that following failed efforts to round up the remaining five
animals and, with a significant concern about public safety, on 4th July,
and at the request of the Official Assignee, a decision was taken involving
the Gardai, the Official Assignee and the Department of Agriculture and
Food that the optimal course of action was that these animals should be
culled.
The protocol between the Department of Agriculture and the Department of
Defence was invoked and the animals were culled by Army personnel in line
with the protocol.
I am aware that the Official Assignee has said publicly that the decision
to proceed in the way he did in relation to the cattle was made very
reluctantly, and was made in the interests of the public safety of the
local community. It should also be noted that this was a TB restricted
herd.
The Minister for Agriculture, Food and the Marine has confirmed that the
carcasses of the five cattle have been removed and are now excluded from
the food chain.
For the information of Deputies, it is relevant to recall the status of the
Official Assignee and the specific statutory duties which he has to
discharge.
The Official Assignee in Bankruptcy is an Officer of the Court, as provided
at Section 60(6) of the Bankruptcy Acts, and as such is independent in the
performance of his duties. However, in doing so he is required under the
Bankruptcy Act 1988 to observe and obey such directions as are given to him
by the Court. Obviously the Bankruptcy Assignee is also subject to all laws
of the State.
The Official Assignee also has specific statutory responsibilities and
duties under the Bankruptcy Acts:
Firstly, when a person is adjudicated bankrupt, all of his or her assets
transfer to the Official Assignee, under section 44 of the Act.
The primary duties of the Official Assignee, under section 61(2) of the
Act, are to get in and realise the property, to ascertain the debts and
liabilities, and to distribute the assets in accordance with the provisions
of the Act.
However, the transfer of the assets to the Official Assignee also has the
important consequence that the duties, as well as the rights, of the
bankrupt person transfer to the Official Assignee along with the assets.
The Assignee, for instance, can be sued for any breach of legal obligations
arising from those assets, just as the bankrupt person could have been.
For example, when a person who owns a herd of cattle becomes bankrupt, the
ownership of the cattle transfers to the Official Assignee. However, the
duties associated with those cattle also transfer to the Official Assignee,
including responsibility for their registration, for testing for
tuberculosis, and for compliance with Department of Agriculture
certification required for removing cattle.
The House will, therefore, appreciate that the Official Assignee has
particular legal responsibilities to discharge.
It is clear, Deputies, that very specific and difficult circumstances arose
in this case, and that it was a matter for the Official Assignee to
discharge his legal responsibilities as best he could in those difficult
circumstances. In doing so he relied on the services of other State
agencies who performed their functions in accordance with their remit. It
is clear from the comments which he has made, and after consulting with
various agencies, that he did not believe any alternative viable strategy
could be adopted.
This House will, moreover, appreciate that cases where the Official
Assignee is discharging his legal responsibilities as an Officer of the
Court, are not ones in which it would be appropriate or open to the
Tánaiste to intervene.
I accept, of course, that, it is a matter of regret that it did not prove
possible to dispose of the cattle in another manner. I hope Deputies can
appreciate that the actions taken in this case by the various agencies
involved would not have been taken lightly or where realistic alternatives
existed.