Bovine TB compensation arrangements: consultation responses

6. Next Steps

The responses submitted have provided us with some useful feedback on the TB policy changes proposed, which in turn has helped inform our thinking on how we would like to see this policy developed in Scotland. We have therefore made the decision to take forward all changes detailed in the consultation document, with the exception of the introduction of a £3,000 Automatic Justification Threshold for cattle valuations.

The views expressed on the introduction of an Automatic Justification Threshold were fairly evenly split (No 33% -Yes 27% 40% Not sure) and on balance we tended to agree with those against the proposal, in that the present valuation process is already satisfactory and fit for purpose. We also felt that the small number of TB reactor cattle valued between the £3,000 justification threshold and the £5,000 compensation cap being implemented did not justify the additional resource required to make this change.

Changes being implemented

• Compensation will be withheld completely (£1 nominal payment) for animals illegally moved onto TB restricted herds that subsequently go onto become TB reactors
• Where statutory TB testing obligations have not been met the compensation paid for any subsequent TB reactors disclosed will be reduced on a sliding scale depending on the length of time the test is overdue.
• A process of appeal for any decision to either reduce or withhold compensation in the above circumstances will be introduced to ensure that this policy is administered fairly and allows for any mitigating circumstances to be considered.
• Post movement testing will have to be completed on the original holding of destination before animals are permitted to move again.
• A £5,000 cap on compensation paid for individual animals will be introduced.

We will also introduce the following changes advised in the consultation document, which were out of scope and therefore included for information only.

• Cost recovery where removal of a reactor animal is refused by the owner and a warrant must be obtained by APHA allowing them to do so.
• Non–payment of compensation (£1 nominal payment) for animals that have only a Notice of Registration ( NoR) instead of a cattle passport.
• The prohibition on testing is being extended to cover any test for tuberculosis, including any newly developed serological tests.

It is the intention of the Scottish Government therefore to introduce an amendment to the Tuberculosis (Scotland) Order 2007 and we would expect the amending legislation to be in place by July 2018.