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Summary of Selected Cases
MINISTRY OF AGRICULTURE, FISHERIES AND FOOD
1. Case No. C.202/98
Arrangements in respect of cattle slaughtered under the Over Thirty Month (Slaughter) Scheme (OTMS)
From 29 April 1996 OTMS, a European Community co-financed compensation scheme which was operated by the Intervention Board (IB), allowed farmers to receive compensation for cattle aged more than 30 months which were slaughtered under specified conditions. The scheme permitted on-farm slaughter of animals which had to be put down due to sickness or injury; however, special arrangements for the disposal of such animals were not finalised by IB until 24 May 1996. The Ministry of Agriculture, Fisheries and Food (MAFF) subsequently considered making payments in lieu of the statutory compensation which farmers would otherwise have been able to receive had they not been affected by the delay, but did not pursue the proposal in the light of the views of the agriculture departments for Scotland, Wales and Northern Ireland. The Ombudsman found that there had been substantial difficulties facing IB and MAFF in setting up arrangements for dealing with casualty animals under OTMS and in subsequently compensating farmers for the financial consequences of the failure to have such arrangements in place in good time, but he was not convinced that IB and MAFF had done all that they should have done to overcome those difficulties. In the light of the Ombudsman's findings MAFF and the other departments agreed to compensate the farmers concerned at a rate of £230 per qualifying animal.
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