A BEEKEEPER who was forced to destroy his hives after the discovery of American foul brood disease in September 2009 had to appeal to Ombudsman Emily O’Reilly before Waterford County Council would pay him €349.30 in compensation. Noel Jones, of Gracedieu, Co Waterford, had received prompt payment of €180 from Kilkenny County Council for the destruction of six hives in its administrative area in October 2009, but Waterford council was holding out.
Mr Jones was told by Waterford’s veterinary inspector, Frances Connolly, that when she had applied for payment on his behalf, director of services Brian White said it had “no funds for the compensation of bee-keepers”.
The Bee Pest Prevention (Ireland) Act and regulations made in 1978 provided for the payment by a local authority of compensation at the rate of £25 (€31.50) per hive.
In Mr Jones’s case, 11 hives had to be destroyed.
Mr White argued that the functions of county committees of agriculture had been removed and “now reside with Teagasc”, the agricultural training authority, and that either it or the Department of Agriculture should pay the compensation.
But in a written reply to John Deasy TD (FG, Waterford) in November 2009, then minister for agriculture Brendan Smith said compensation was “the responsibility of the individual local authority” under the 1978 bee pest prevention regulations.
Mr Deasy subsequently wrote to Ms O’Reilly making representations on behalf of Mr Jones and asking her to examine whether Waterford council was “legally entitled to refuse compensation in this case”.
Fifteen months later, Mr Jones received a letter from the Ombusdman’s office explaining that the delay in dealing with his case was due to its “lengthy correspondence, oral and written” with Waterford council, the department and other local authorities.
“The office had not previously encountered a case similar to yours so we had to carry out a great deal of research, which was complicated by the fact that the main piece of legislation – the 1908 Act – preceded the foundation of the State,” Mr Jones was told.
“However, Waterford County Council have now accepted the Ombudsman’s suggestion in principle that they should make the outstanding payment due to you to the amount of €349.30”, wrote Maurice Kiely, on Ms O’Reilly’s behalf.
Last month, Mr Jones wrote to Mr Deasy saying he had finally received a cheque from the council “for compensation for the loss of my bees” and thanking him “for all your help, support and encouragement”.
