Category Archives: Explaining the legals

Chief Vet’s targeted badger cull plans finally scrapped

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The ‘targeted’ badger culling proposals of the last Government are rejected by the new Labour Government but the ‘ineffective’ badger culls still continue, pending a further Review.

Lawyers acting for Secretary of State for Secretary of State for Environment, Food and Rural Affairs (DEFRA)  Steve Reed, have responded to ecologist Tom Langton’s Judicial Review Application [AC-2024-LON-002292] against a ‘future of badger culling’ Consultation (here) prepared by the previous administration. Specifically, the March 14th Consultation had proposed a new wave of ‘targeted‘ badger culling across England, killing many thousands of badgers each year, potentially until 2038.

The controversial proposals were promoted by the Chief Veterinary Officer Christine Middlemiss’s disputed beliefs that badgers play a central role in the spread of cattle TB, the science of which Langton, with other veterinary experts has challenged in recent years (here).

Defra have confirmed their decision not to proceed with proposals to introduce and license targeted culling across England. Defra had received multiple objections to the Consultation as well as support for proposals to better identify cattle disease risks that will still go forwards. The response indicates that the Secretary of State will instigate a fresh review of future bovine TB policy.

The welcome news signals a shift from previous policy but is bitter-sweet, with the news that a new badger cull area is being planned: Cumbria’s Eden valley South of Carlisle and to the east of Penrith under a Low Risk Area  (LRA) policy licence. Communications have been sent to Tony Juniper at Natural England objecting to the consideration of any new LRA licence, on scientific grounds, but so far there has been no substantive response, with a failure to curtail culling licences that are ongoing from before the general election.  It is expected that Natural England will reauthorize licences for over 20 intensive culling areas agreed under previous policy arrangements that many think should also be cancelled. These are in addition to those completing supplementary culls, meaning up to 20,000 badgers will be shot at night over the next twelve weeks with a percentage dying slowly from shot wounds in ways found cruel by a government appointed expert group in 2014.

Concerns remain that despite withdrawing the cull consultation proposals, the Defra’s response leaves some important question unanswered. This includes speculation in a heavily disputed recent Animal and Plant Health Agency report. Further, the Defra response to the economic aspects of culling states that the costs of badger culling may not outweigh the economic benefits, a point of interest in the Government spending rounds in the coming months.

Tom Langton said:

“This is a small but important step towards bringing forwards the abolition of badger culling forever.  Labour has previously stated that culling is ineffective and now the Government has scrapped a Consultation that claimed culling worked. But it is shameful that the Labour administration is continuing the badger culls and expanding them in the Low Risk Area, contradicting its manifesto pledge, to appease a vocal minority based upon old scientific rhetoric and dogma.

Bovine tuberculosis is a disease of mammals needing expert measures that have been neglected for reasons demonstrated in the recent BBC documentary LINK charting the work of Brian May and the Save Me Trust with farms in England and Wales.

Badger culling must stop, but most of all a new testing regime for cattle is needed to give farmers the powers to use the right tests at the right time to beat TB in the herd where a hidden reservoir remains. Something that red tape presently prevents and at massive unnecessary cost to the taxpayer. It could be resolved in an afternoon with the right people around the table. I urge Defra to listen to us as they have promised and to meet with my team to help formulate new policy.”

Langton added;

Meanwhile, I would also very much like to thanks my legal team: Lisa Foster and Hannah Norman at Richard Buxton and Richard Turney and Ben Fullbrook at Landmark Chambers and with Dominic Woodfield from Bioscan as expert witness on the ecological impacts issues. And last but not least all of the Badger Trusts, Groups, Charities  and generous individuals around Europe who have combined to form the Badger Crowd. With the specific aim of creating a voice for and to bring justice to the fight for truth surrounding badger culling. With a key role played in recent months by Protect the Wild, promoting awareness and fundraising.”

Further information

Defra’s decision was made on 23rd August, the date the BBC documentary of Brian May’s research was first screened (watch here), showing the inadequacies of the current cattle testing system.

The Defra response does not address the ecological impacts issues correctly and does not even seem to understand the challenge relating to protected species away from designated nature areas. Dominic Woodfield comments:

“Defra’s acknowledgement that the scientific, ethical and economic justifications for the extirpation of tens of thousands of badgers annually since 2013 have collapsed, is welcome but long overdue. It is tragic that it has needed the pressure of repeat litigation by Tom and others, the publication of competing science exposing the fallacy of blaming and slaughtering wildlife for a disease rooted in poor livestock management practices and failures of animal husbandry, and a change of the party in Government for them to finally concede the point.

Even now, Defra continue to disregard the wider ecosystem level effects of removing an apex predator from wide swathes of England – we may never now know what impacts this has had (and continues to have) on our native wildlife and declining species. Tom’s and others’ persistence in the face of obduracy, reliance on poor science and the making of decisions based on the political clout of those lobbying for the status quo, is extraordinary and commendable, but it is also fuelled by the long-held conviction that they were fundamentally right. There are a very small and diminishing number of hiding places left for those who’ve pinned their reputations and careers on badger culling as being a rational or effective answer to the bovine TB problem.

 

‘Badger culling forever’ legal case update

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With all the changes in Government over the last month, it can be hard to keep track of the legal cases that are developing or underway to end badger culling. Badger Crowd has been supporting a case against the public consultation on bovine TB control by the departed Tory Government that began in March of this year, prior to the Labour landslide victory at the polls at the start of July.

The Consultation was founded on its ludicrous and unscientific headline claim of a 56% benefit from badger culling and aimed at handing sweeping powers to the Chief Veterinary Officer. This would enable her to declare Badger Cull Areas of equal or greater size to those designated for culls to-date, and to allow the numbers of badgers shot to be without limits over an extended time period each year, and to 2038 or beyond.  Effectively, this would be a free hand for badgers to  be shot across farmland, and  to be tempted with bait to leave protected areas to be killed much as since 2013. The aim would be, as in the failed Cumbia pilot Low Risk Area cull, to also shoot healthy animals moving into the culled areas once the shooting starts, with some token vaccination of a few badgers afterwards for a few years.

Badger Crowd has helped stand up against  these wanton plans, now poorly labelled ‘Targeted Culling’  and has helped crowd-fund to enable legal work to challenge multiple aspects of the Consultation that look deceptive, poorly evidenced  and unlawful. A case was lodged at the High Court and DEFRA were due to respond by 29th July.

However, last week Badger Crowd learns that The Government Legal Department representing  the new  Secretary of State, Steve Reed,  indicated that DEFRA would like a four-week extension of the deadline for filing, should it wish to, of  what is called an Acknowledgement of Service, where the defendant makes their case clear.  This would push their response towards the end of August. It was said that the new Labour Government may intend to take a different approach to that pursued by the previous Government and that there was need for more time to make proper decisions. Going ahead with a case now without clarity  on the new government’s position on the Consultation might be contrary to all parties’ interests and the overriding objective of tackling the disease.

This seems sensible, to avoid  significant waste of costs and of court time and resources, albeit that a clear mandate to end badger culling was set out in the Labour manifesto. Agreement to this request was made, in the hope of good decision making.

Equally we hope that ‘supplementary’ and ‘intensive’ culling is brought to an immediate end. With a new self-proclaimed anti-cull government in place, there are 48 cull areas remaining this year, 25  of which ending this year, with  23 ending next year. The contracts should have been ended by now. There is no real argument not to.

However, bringing an end to the tragic cycle of misinformation, financial waste, nature side effect impacts uncertainty  and animal welfare issues of so-called Targeted Culling, is the basis of this current legal case. There will be a further news updates at the end of this month or before if things move faster. Its time now to listen to the science and stop the badger culls.

 

Natural England refuses to stop licensing the badger cull

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Badger Crowd can today reveal a letter from Natural England, stating that despite the sickening killing of over 230,000 badgers since 2013, the Natural England Board intends to continue with the failed and ineffective badger culls across England over the next two years. This despite the change to a Labour Government. In its years in opposition, Labour pledged to end the badger culls. But instead, around 100 adult and young badgers on average will be shot every day between now and January 2025 under the direction of the NE Board who control the plans.

Steve Reed, new Environment Secretary for Labour has inherited the disastrous badger culling legacy

This was revealed in a letter repeating much of the material provided in a freedom of information release in May showing  how Defra want to keep culling to appease the livestock industry and because they think badger culling ‘works’. This is despite the complete  lack of supporting evidence, and with strong evidence to the contrary. Indeed, the new government called the badger culling policy ‘ineffective’ in its manifesto.

The old government position relies on the lies of Defra over the ridiculous, unprofessional, and discredited speculation that badger culling  has been shown to bring about a 56% reduction in bovine TB breakdowns (see ‘TB Testing and Transmission’ letter in Vet Record on Friday).

This is almost as ludicrous as the claim in 2013 that helped to start badger culling in the first place, i.e. that half of cattle-to-cattle breakdowns originate from badger infections – one of the great mysteriously uncontested travesties of modern veterinary epidemiology. It is based on flawed opinion and flawed analysis, promoted by government scientists and contractors to support government policy.  The result has been to support the vested interests that have dominated for two decades. But there was a clear-out at the political level on Thursday night in the 2024 General election.

While dozens of pro-blood sport MPs have lost their positions, entrenched civil servants are no doubt striving to bolster positions they have defended against public interest as a result of tribal behaviour (see here and here), by using the fear-factor that has characterised bovine TB policy.

Notably, Natural England speculate in their letter on how long it might take Defra to gear up for badger vaccination – another cattle disease reduction folly  – and talk about a supposed gap between hypothetical benefit effects that have not been shown to exist. Tainted science, based on poor advice.

These plans to continue culling are now under legal scrutiny. Badger Crowd calls on the new government to stand up and be counted on its promises, and not duped by the range of bad advice, information and opinions floating around from those with a conflict of interest and confused stakeholders. It’s time for the badger culls to stop

Legal pressure grows as end to ineffective badger culls anticipated

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This week yet more legal action is underway, seeking to end the failed badger culls. A Judicial Review Pre-Action Protocol Letter was sent to Natural England by the Badger Trust and Wild Justice,  challenging the issue and authorisation of 26 supplementary badger culling licences in mid-May of this year. This follows the shocking content of Freedom of Information releases obtained in May showing communications between DEFRA and Natural England since April of this year.

This action adds to two other ongoing judicial challenge applications, one of which was lodged today in the High Court, in relation to the recent consultation on the future of ‘badger control policy’ by Defra. This challenge claims that the Defra Consultation to introduce 100% badger culls (of a kind trialled in Cumbria since 2018), under control of the Defra Chief Vet, was unfair when it misrepresented scientific fact about badger culling efficacy to consultees. Other flaws are also highlighted in the challenge.

So how will things play out in the days and weeks to come?

Opinion polls now suggest a Labour government may be in place on Friday 5th July with a substantial majority of MPs in Parliament. Those following the history of badger culling could have expected that a swift and decisive end to the cull would be implemented with an incoming Labour government. A number of Labour MP’s and Shadow Ministers have stated that this is Labour’s intention in recent years. The Labour Manifesto launched last month stated that the badger culls have been “ineffective”, something that makes culling unlawful under the Protection of Badgers Act 1992, confirming that position.

However, last week Shadow Environment Minister Stephen Reed, who has recently been in meetings with the National Farmers Union, threw a surprise question mark over this on BBC Farming Today by saying there would be no ’hard stop’ to badger culling. The implication is that culling could continue for a further two years under existing licenses for Intensive, Supplementary and Low Risk Area culling in England. A terrible prospect for killing protected wildlife with its known inefficiency. How could that be possible?

Dynamics for new Government making the right decisions next week?

There are currently three legal actions underway.

Challenge 1. from Stephen Akrill.
Seeking permission for Judicial Review at the Court of Appeal.

A  legal challenge against badger culling in England was made in a personal capacity by Stephen Akrill from Derbyshire, against the Secretary of State (S/S) for Defra Steven Barclay. With a Judicial Review claim lodged on 14th November 2023, Barclay’s second day in office, Akrill is challenging the historic decision of SSEFRA from 2012 to issue licences to kill badgers under section 10(2) (a) of the Protection of Badgers Act 1992. The claim is that the S/S has acted upon flawed scientific advice that badger culling could influence the  spread of disease.  Akrill is seeking a quashing order to revoke all licences for badger culls issued by the Secretary of State. With a request to stay extant licences issued by the Secretary of State to kill badgers in 2024, pending the outcome of his application for Judicial Review.

This was the latest JR concerning badger culling since the judgement in Northern Ireland earlier this year where DAERA were ruled to have consulted unlawfully on a plan to mass-shoot badgers, and where detailed justifications were wrongly withheld. In short, this new JR claim contends that there is inadequate evidence to indicate that culling badgers can influence the spread of bovine tuberculosis in cattle.  The RBCT experiment was done under Crown immunity despite the Protection of Badgers Act 1992. This, argues Akrill, did not make any subsequent act of killing badgers lawful. While the 2006 RBCT paper was called the established science, Akrill’s argument also is that scientific protocol dictates that science only becomes  ‘established science’ once it is shown to be reproducible, not simply because it has been published. This is the science reproducibility argument.

At the Court of Appeal in London in mid-May, Akrill argued that culling badgers by industry without clear reason, and effectively as an experiment,  was potentially a criminal offence. Akrill gave two recent examples where evidence suggested  non-reproducibility of the RBCT experiment and suggested that the industry led culls had been unlawful from the start of in 2012. Thus, he claims the rolling offence was an error on the part of the decision maker each time culling had occurred, as decided by the S/S, and so remains unlawful.

A related argument was that scientific opinion does not constitute science – specifically it does not overrule the basic premise that science should be reproducible to be safe. On that basis, the Defra CSA and CVO opinion on recent evidence is not sufficient for the S/S to base decisions on. The case continues, and now due to the snap election, will apply to the incoming Government.

Challenge 2. from Tom Langton supported by
Badger Crowd and Protect the Wild.
Challenge to the March 14th consultation on targeted culling.

This is a legal challenge to the Defra consultation on targeted badger culling proposals that ran from March 14th to 13th May 2024.

A PAP response was received from Defra in mid-June and the case application was lodged at the High Court today, 3rd July. It challenges the fairness of the consultation on three Grounds:

1) that it made misleading claims preventing intelligent consideration
2) that it omitted key information on ecological impacts and
3) it omitted information on the likely economic benefits of the proposed policy.

The government’s position has shifted from saying badger culling caused the disease benefit in cattle, to one where they think it helped, but the detail is fuzzy and not backed by evidence. This is not a good position for the government who needed to come up with some evidence that killing 230,000 badgers (and counting) was worthwhile. They have failed to do this due to weak analysis and are now called out for exaggerating to the public.

Challenge 3. from Badger Trust and Wild Justice.
Challenge to the authorisation and reauthorisation of Supplementary Badger Cull (SBC) licences.

The pre-action letter challenges the SBC licences that aim to shoot thousands more badgers from 1st June 2024 and in the next six months of the new Parliament. Also next year  between June 2025 and January 2026. This is more and more ineffective culling of tens of thousands of mainly completely healthy badgers for no good purpose.

Based on the information obtained by Tom Langton from Natural England this May, Badger Trust and Wild Justice have together sent a pre-action protocol letter to Natural England and the Secretary of State for Defra to stop the supplementary badger culls continuing.  This year, as usual, the supplementary culls started on 1 June. The challenge aims  to stop the cull immediately because the advice of Natural England’s own Director of Science (not to cull badgers) was wrongly overruled. The action could lead to the two organisations applying for a full Judicial Review. Natural England has been given until 15 July 2024 to respond and to halt the 26 supplementary culls.

The view is that Natural England, led by Tony Juniper and the Natural England Board, were wrong to overrule Director of Science at NE Peter Brotherton, who felt SBC could no longer be justified. Release of crucial information showed how a Defra official had pressurised NE with advice from  Animal And Plant Agency’s Christine Middlemiss (the Chief Veterinary Officer), to carry on culling in order to meet cull company and livestock industry expectations, and to sustain the so-called benefits that Defra have failed to show exist. The fundamental reasoning behind the decision was inadequate and unlawful.

Why a ‘hard stop’ to badger culling is actually warranted now

The time is right to bring an end to all badger culling.  As things stand, Natural England may also maintain its plans to continue to ‘cull by stealth’ this year (as it has done for several years) using ‘cull extensions’ to kill more and more badgers over hundreds of square kms, by secretly expanding the edges of existing cull areas. Further, in mid-August 2024, just six weeks away from now, over 20 further areas of 4-year culls could be re-authorised by Natural England for the autumn bloodbath to continue.

Scientific analysis has shown these intensive culls to be ineffective. There is no better time for a full-stop, and a new policy to be formed with a change of approach.

What about industry objection to culling ending?

Back in 2019, the government took a decision to stop the first Derbyshire badger cull before it started due to inadequate preparation on the distance standoff between badger culling and badger vaccination areas, that had not been properly thought through. NE paid compensation to the cull company involved for late notification of that decision. However, when NFU took High Court legal action against the government over the decision, the judge indicated that the government had a political prerogative to take such a decision.

A decision to cancel the culls in 2024 would surely follow the same outlook. And in any case, compensation paid to farmers for loss of set-up costs would be less than the cost of government spending on managing ineffective  culls. It would ultimately be a logical, cost-saving decision preventing waste and cruelty.

While the new government might be wary of not doing what some pro-cull rural voters want before an election, there are many more voters (rural and non-rural) who oppose culling, and who will support bringing it to an end. It is true that badger culling retains heavy support amongst niche livestock sectors, fuelled by government misinformation as to its value. The new NFU President has re-iterated his views on the need for badger culling to continue. But this support is misplaced, a result of a relentless campaign of poor information aimed at blaming for badgers for a significant role in the spread of bovine TB, based on weak and misquoted science. The position of Labour on the science of badgers and bTB is likely to consolidate with investigations into maladministration since 2010, and that is what should follow the decision to end badger culling for good very soon. In which case these costly legal actions need not proceed.

Defra scraps pre-election badger cull ambition

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There has been a positive step forward.

Defra have responded this afternoon about how they are handling Tom Langton’s legal challenge to the recent badger culling consultation, that closed just before the General Election was announced last week. A Pre-Action Protocol letter challenged the lawfulness of Defra’s  ‘targeted badger intervention’ policy consultation for several reasons and today Defra were responding about their intentions in the weeks to come.

Defra said they are “continuing to analyse consultation responses with a view to putting proposals for a decision on this policy to the incoming government after the election.”

This is good news at least in the short term. A new policy will not be put in place by the current Conservative government. But it also implies that Defra may seek to defend the claim that the consultation was unfair, which is disappointing.

Defra also say that they want an extra two weeks to consider the PAP letter, but we will learn their position on 14th June. Defra should drop the consultation,  recognise its failings and accept that badger culling has no future at all in bovine tuberculosis control in cattle.

STOP PRESS

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In March Rishi Sunak seemed intent on killing all the badgers by giving sweeping powers and a very free hand to the Chief Veterinary Officer to cull up to 100% of badgers in areas she deemed appropriate. Now he has now called a General Election for July 4th , which means that Parliament will be prorogued tomorrow, 24 May, and dissolved on 30th May. The public will vote 25 working days later. Government actions are limited during the election campaign ‘pre-election period’  that was previously known as ‘purdah’. The shut-down helps to ensure that public money is not used to support campaigning by the political  party in power, and to maintain the impartiality of the civil service.

This could be good news for bovine TB control  and badgers if the outcome is that the government  does not let the National Farmers Union dominate and dictate its actions, as it has for so long.

30th May is also the date by which DEFRA must respond to the Pre-Action Protocol (PAP) letter issued on 16th May that was supported and funded by The Badger Crowd.  We should soon learn what Defra intends to do in response. What are their options? And what will the government that takes over in six weeks’ time be likely to do?

Defra could accept that the consultation was botched and shut it down by doing nothing. The PAP letter gives them the option to withdraw the proposals or to reconsult, which would now be after the election. This is likely to mean that it  would now receive a new political steer.  The PAP letter also asks that no future proposals are decided before a legal challenge is  disposed  of – i.e. dismissed or heard in a court trial.

Defra could accept that the consultation  was rushed out too hastily without proper consideration, just in case of an early general election and so needs a total rethink. Alternatively, they could try to rush a formal response through next week, so that the principle of  ‘targeted culling’  is established before a change of government. They could either keep Natural England licensing or continue to re-badge the NE Bristol licensing office as one of  Defra’s own. However, this now looks like a very tall order in the limited time available.

What will the Lib Dems do? Like Labour they will be looking to take back and win over seats in the southwest, in areas where livestock farming dominates the landscape. Not making badger culling a big election issue looks likely to remain important to both political parties, and both are likely to remain tight-lipped. Labour has previously pledged to scrap badger culling, and are the party most likely to hold power next.

Whoever wins the election will be responsible for the bigger challenge of putting in place the appropriate cattle-based measures that will drive down the disease that is embedded in chronic cattle herds. This will have to involve tough restrictions that will cause the beef and dairy to contract. This is something the NFU have resisted and put off, while at the same time holding out a hand for compensation. It’s no easy choice for whoever wins the election. Scrapping badger culling should be an easy decision, but what will really count is making the necessary changes to  testing using the expertise pioneered by  Dick Sibley in Devon. That might mean scrapping the ineffective BTB Partnership and setting up something that understands the science of the problem, and how to address the problems without reverting to the lay-beliefs of many rural cattle  vets, based upon dogma and misinformation from government.

The winning government might also instigate a rapid review of bovine TB control needs early on. Whatever happens next, the actions of Badger Crowd have again been highly effective. Legal letters sent to Defra on 19th and 28th March demanded an extra 3 weeks of consultation time, which gave the legal team time to submit the PAP challenging the legality of the consultation. All of the three legal challenges supported by Badger Crowd since 2017 have been accepted for trial by the High Court, and it would be great if a fourth substantive hearing is now not needed. This would allow time and resources to be better spent, redeployed  protecting badgers and dealing with bovine disease in meaningful ways.

Yet again we can dare to  find optimism for the future. Let’s hope that it won’t be dashed as it has been so often over the last ten years. The science is clear that badger culling does not work and plays no role in reducing infections in cattle herds. It has to stop. It must stop.

Tom Langton who has figure headed the legal challenges since 2017 said:

“This looks very much more than the beginning of the end. We have fought hard for seven years to highlight the legal and scientific case against badger culling, with breakthroughs more recently, and exposure of actions that are not in the public interest. Of great concern has been the ‘tribal’ behaviour of civil servants and wilful blindness that shows hallmarks of both the blood transfusion and post office scandals. Yet ‘badger blame’ has been ongoing for 50 years now. Thanks to better understanding of the issues involved, we can now start to see the mistakes and misjudgements of the past. The new government will need to focus on how to lower the rates of transmission of bovine TB, much as was done with Covid-19 in humans. This will bring tough times for the beef and dairy  industry, but it has to be done to interrupt the dependency on public subsidy, stop the wide range of collateral damage to rural life and the environment that it has caused in recent decades, and finally see progress in eliminating this horrible infection”.

Thanks, and good wishes to all who have supported the Badger Crowd fight against badger culling.

WE ARE THE BADGER CROWD. WE STAND UP FOR BADGERS.

GOVERNMENT BADGER CULL CONSULTATION – NEW LEGAL ACTION UNDERWAY

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A pre-action protocol letter regarding proposals to evolve the badger control policy was sent to Defra on Thursday 16th May following closure of their extended consultation period on plans to continue badger culling using a so-called ‘targeted’ approach.

Badger Crowd has had sight of the letter sent by lawyers to Defra that challenges aspects of the consultation that ran 14th March – 13 May 2024, as unfair.  A large number of problems are identified including:

  • Misleading and inadequate information regarding badger culling efficacy
  • Failure to provide information on ecological impacts of the policy
  • No meaningful information on economic impacts of the policy

The action is being taken by conservation ecologist Tom Langton who since 2017 has been given permission for and completed three previous judicial reviews (JR’s) supported by Badger Trusts and Groups, wildlife charities and caring individuals. These JR’s have exposed details of the badger culls that have been vital for public understanding of the rationale behind and operational decisions surrounding badger culling, although only preventing culling in a few nature reserve areas to-date. As a professional scientist and with others, he has published since 2019, details of badger culling efficacy and bovine TB trends in England. One of these publications in particular, Langton, Jones and McGill, March 2022 in Veterinary Record, is directly refuted by two government scientists in the recent consultation, but yet again without any supporting evidence. The Government agency APHA have published a paper in front of the new consultation that is weak; it lacks any comparison between culled and unculled areas and states that there is no way to tell whether badger culling is having an effect on measured levels of disease. Despite this, wording in the abstract of the same paper, both as a preprint and as published, has led the Secretary of State and the Defra Minister to make unsubstantiated claims before (since 2022) and within the consultation, saying that APHA data shows badger culling works. This is a very basic misreading of the available published and peer-reviewed science.

Tom Langton said:

“It is with deep disappointment that Defra forces us back towards the courts to seek redress on the ‘badger control policy’, because the current consultation has created a confusion that surrounds safe and informed consideration of the best course of action for bovine TB control in cattle. Defra has not learnt from mistakes of the past and wants to u-turn the 2020 policy that aimed to phase-out badger culling. It wants to award sweeping powers to the Chief Vet to decide when and where to cull, and how many more dead badgers to add to the 230,000 mostly healthy adults and cubs already killed since 2013. This they achieve by simple misinterpretation of science and by implementing further countrywide operations that are veiled in secrecy.

Much of the confusion and misinformation in the consultation obscured public consideration of critically important matters such as rationale, ecological impacts, economic benefit and animal welfare considerations, to a point where it was simply not fit for purpose. Many of the consultations 19 questions and comment opportunities were likewise cloaked in ambiguity, to the point where response was dependent on assumptions and interpretations, so wide as to make collective and comparative analysis of them meaningless. The consultation options were narrow and miscast, appearing to be aimed at quickly pushing though a single, pre-planned approach to keep on killing badgers. This was a construction by a Ministry desperate to use public funds to support a demand that Defra has itself fostered, by blaming badgers as a key part of bovine TB epidemiology for decades, but based on flimsy evidence. The muddled thinking and bad policy needs to stop right now.

On behalf of badgers, cows and farmers I implore Defra to recognise that this consultation was flawed and should be set aside in favour of more detailed and coherent review of current needs, with new planning towards approaches that can be successful.”

The challenge asks Defra to withdraw its proposals or to reconsult in an adequate way. Meanwhile the request to Defra is that they confirm no decision will be made on consultation responses before the challenge and complaints are fully heard and concluded.

Cracks appear at DEFRA

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Badger Cull Consultation extended by 3 weeks to 13 May

At around 5.00pm yesterday (19th April) Badger Crowd was sent Defra’s ‘stakeholder’ message that the badger cull consultation has been extended by 3 weeks. Due to end on Monday 22nd April, it will now finish on 13th May. One legal letter was sent to Defra on 19th March and then two on the 28th March this year, stating specifically that the 5 week consultation period was too short and that an 8 week period would be appropriate.  Defra consultations are often eight weeks long.

Although a three week time extension has been granted, the three week delay in responding to the letter and agreeing it means this still does not provide an adequate response time. Defra just doesn’t get it. 

One of the letters also pointed out the misinformation and lack of detail on aspects of the consultation document. Two long letters were also received from Defra yesterday (19th) and are now under the legal microscope.

Legal pressure from our friends at Badger Trust and Wild Justice, together with their ‘survey monkey’ poll of respondents, illustrates problems with interpretation of the consultation. Extra time will give Defra more time to reflect on how muddled their consultation truly is.

Other voluntary groups are still considering what advice to provide to individuals wanting to write to Defra about the consultation, and we will report further on this as it is made available.  It is still difficult to advise on the best way to complete the consultation, because of the lack of information provided, its limited scope, the misleading content including wrong use of science and the wording of the questions which does not allow adequately for views to be expressed.

Defra’s consultation is a mess and they know we know it’s a mess. They know it’s a big mess. Thanks again to the 700 of you who have joined the Badger Crowd and are supporting the fight for justice for badgers.

We are the Badger Crowd.  We stand up for Badgers.

Help Stop the Badger Cull U-turn

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Kamikaze bovine TB consultation – will it crash and burn?


On Thursday 28th March 2024 two solicitors’ letters were sent to the government. They express grave concerns over aspects of the Defra five-week badger culling consultation that began on 14th March, and attempts to bring about a policy u-turn on the phasing out of badger culling.

As readers may be aware from our recent blog, there is so much wrong with the proposal that it is hard to know where to start. Put simply, the Chief Veterinary Officer, currently Christine Middlemiss who is based at the Animal and Plant Health Agency (APHA) would be given sweeping powers to designate as many new cull areas as she and apparently a group of mostly farmers and cull companies think fit. This would be based upon currently obscure assumptions about how cattle herds have caught bovine TB in any area, yet with the finger wrongly always pointing at badgers.

Future decisions on initiating culls seem to rest around whether badgers share the same countryside areas (mostly they do because of the pasture landscapes) and whether they have the same bTB strain as the cows (mostly they don’t, according to the ‘Badgers Found Dead’ Edge and Low Risk Area surveys). Even if they do, an infected cattle herd may rapidly cause infection of the landscape, including many wild mammal species.

These decisions, to be made behind closed doors, will prevent the promised policy direction to ‘phase out’ badger culling. This phase-out  said that the last cull authorizations would be for 2025, other than in ‘exceptional’ circumstances (we continue to oppose these ongoing intensive culls). But the new consultations would permit an unlimited number of ‘cluster’ cull areas across the whole of England. There would be unlimited badger shootings, over an up to seven month period annually, each year decimating healthy badgers in the hope of killing a handful of infectious ones. Totally unacceptable.

‘Cluster’ culling looks very much like the failed Low Risk Area, so-called ‘epidemiological’ culling, which has killed so many badgers in the Cumbria pilot  without demonstrable effect (see ‘A bovine tuberculosis policy conundrum in 2023‘, chapter 5.). They are trying not to call cluster culling ‘epi-culling’ because of these failures.

What has become clear is that Defra are keen to muddle the effects of tighter cattle testing and movement control  by saying that badger culling has contributed to the well-known reduction in number of herds being withdrawn from trading. But there is no scientific evidence of this, only good evidence that badger culling has shown no effect. Yet Defra and their agency APHA remain in denial. They claim in the consultation that a peer-reviewed published academic study finding no disease benefit is flawed, yet cannot provide the data or any analysis to prove their point. After two years, their public outburst is as useless as it was in March 2022,  when their muddled attempts to undermine published science (the first attempt was withdrawn) came out.

Badger Crowd is in touch with Badger Trust and Wild Justice over a range of concerns over the lack of essential information for fair consultation. Responses from government so far have shed no light on questions asked.

Deadlines are coming up and further legal work is necessary, so an initial fundraiser was launched on Monday 1st April on the Crowd Justice website to fund the Badger Crowd legal work. Our fundraising target was reached by April 11th and the fundraiser has now been closed. Thank you very much to all who have supported. If we are advised by our legal team that we have good grounds to seek a Judicial Review, we will need to launch another fundraiser to cover the costs of this. Thank you for your support.

We are the Badger Crowd. We always stand up for Badgers.

Belfast Court Rules Northern Ireland Badger Cull Plans Were Flawed

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Mr Justice Scoffield has quashed the NI government attempt to introduce controversial  badger culling to Northern Ireland. Granting a judicial review brought by wildlife NGO’s funded by public donation, he said that  consultees were not told enough – and in sufficiently clear terms – to enable them to make an intelligent response in the consultation exercise. The ruling concludes:

“The court was unimpressed by the respondent’s argument that disclosure of the business case would be too complicated or distracting for would-be consultees,”

“The fact that consultees did their best to respond on the basis of the more limited set of information which had been disclosed to them does not alter the respondent’s obligation to act fairly.”

In September 2022 year Legal Campaigners Wild Justice with Northern Ireland Badger Group (NIBG)  were granted a High Court hearing at the Royal Courts of Justice in  Belfast to challenge a cull of badgers in Northern Ireland HERE and HERE.

This legal claim contested a decision announced in March 2022 by the Minister for Agriculture, Environment and Rural Affairs (DAERA), Edwin Poots, to allow killing of up to 4,000 badgers a year along the lines that DEFRA has been mass killing healthy badgers in England since 2013. The primary target was a decision of 24 March 2022 – set out in a statement made by the Minister that day and in a ‘Bovine Tuberculosis Strategy for Northern Ireland’ published by the Department shortly afterwards.

The claim brought was that consultation on the policy was incorrect and did not reach the requirements of lawful consultation. So, the decision to choose to control the badger population by allowing farmer-led groups to shoot free-roaming badgers was unlawful. The judge agreed.

The claim argued that Mr Poots’ decision is unlawful because he issued the Article 13 (power to destroy wildlife) order under the Diseases of Animals 1981 Order, but that he had not made sure that there was no reasonably practicable alternative way of dealing with bovine TB in Northern Ireland.

Finally, the consultation had proposed shooting badgers as a preferred option, based on a “business case” which was not disclosed as part of the consultation documents. Because of this the consultation was not a fair procedure as those consulted were prevented from having a properly informed response without seeing it. Comparisons with Test Vaccinate Remove (TVR) approaches had not been fairly made and an APHA position that firmly place TVR approaches “on a par with proactive culling with respect to impact on cattle herd breakdowns”  was not properly addressed.

As previously reported, with the help of the Northern Ireland farming industry press, the farming sector was being hoodwinked into thinking that badger culling could somehow help them. DAERA had been busy promoting badger culling with ‘roadshows’ making exaggerated claims, disseminating misinformation and use other propaganda tricks to try to garner cooperation.

All the lessons from England including the question marks over government badger culling science, going back to the 1990s are relevant too.  It was barely possible to believe, after year-on-year failure in England and the Republic of Ireland, that DAERA wished to ignore their inadequate cattle controls and cull badgers over the next 10 years across Northern Ireland.

Also proposed was an element of experimental badger vaccination after the mass slaughter, a policy that government appointed experts in England in 2018 said was an unproven approach to the control of bTB in cattle.

DAERA may decide to appeal the decision or more likely to reconsult with a business plan that they have held secret, and will no doubt need to rewrite. Will they now go down the TVR route or cull and TVR – this too would be a huge mistake? With the present absence of an Executive and sitting Assembly at Stormont, it is unlikely that authorisation could be given in any case, even with a new consulted plan. What DAERA should do is think again. Even more new science has emerged since the claim began, showing why badger culling policy science has gone so badly wrong and culling badgers in any way is unnecessary.

Huge congratulations to Northern Ireland Badger Group and Wild Justice for bringing the case and to all those supporting the case and opposing the flawed consultation process.

Badgers back in (Belfast) court

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With the use of the farming industry press, the farming sector is being hoodwinked into thinking that badger culling could somehow help them. Or is badger culling perhaps, as in England, being used as a delaying tactic and distraction from real epidemiological solutions that would prevent both disease and help end dependence on constant public subsidy?

In 2021, the Northern Ireland Department of Agriculture, Environment and Rural Affairs (DAERA) announced proposals to copy English-style badger culling in Northern Ireland. As a result, a legal challenge to this will take place on Monday 21 November next week,  with a one-day judicial hearing by the Department of Justice at the Royal Courts of Justice in Belfast.

It will be the most important day for NI badgers for decades, although the outcome may take months to be announced. The hearing is open to the public to observe in person, and it is listed to start at 10.00 am.

Year-on-year failure

It is barely possible to believe, after year-on-year failure in England and the Republic of Ireland, that DAERA wish to draw a veil over their inadequate cattle controls and cull around 10,000 badgers over the next 10 years across Northern Ireland. With an estimated 2,400-3,200 badger adults and cubs to be killed within the first four-year period, and then supplementary culling for perhaps a further 5 or more years, adopting the unsuccessful 70-96% kill technique attempted in England.

Also proposed is an element of experimental badger vaccination after the mass slaughter, a policy that government appointed experts in England say is an unproven approach to the control bTB in cattle. The ongoing badger culls in England and the Republic of Ireland (RoI) suggest that the DAERA estimates and timescales could prove to be over-optimistic. Twenty years on, the RoI is still culling badgers and still failing to eradicate bTB from its national herd. It hasn’t worked, and since the free movement of diseased cattle continues, it is not a surprise.

The NI legal challenge made earlier this year by Wild Justice and NI Badger Group, is that the consultation by DAERA on options to control the badger population to tackle bovine tuberculosis (bTB) did not meet the requirements for a lawful consultation. The DAERA consultation referenced a ‘business case’ for the cull but failed to make the document available for scrutiny, and for some mysterious reason it has been withheld. Perhaps that is because it doesn’t stack up and is little more than guesswork?

Therefore, the resulting decision to choose to greatly diminish the badger population by allowing farmer-led groups to shoot at free-roaming badgers at night is also, it is argued, unlawful.  On 9th September, a presiding judge at Belfast’s High Court, The Honourable Mr Justice Scoffield, agreed that the challenges were arguable and hence the hearing date was set.

Wild Justice, with others, also argue that DAERA Minister Edwin Poots’ decision, announced in March 2022, to allow farmer-led companies to shoot an average of 1,000 badgers a year, is unlawful because he issued the Article 13 (power to destroy wildlife) order under the Diseases of Animals (Northern Ireland) 1981 Order.  Controversial climate-change denier Poots, did this without making sure that there is no reasonably practicable alternative way of dealing with bovine TB across Northern Ireland.  In September, Mr Justice Scoffield ‘stayed’ a decision on this challenge for consideration later, perhaps when the first two grounds are decided.

Competence of veterinary bodies and advisors

As in England, the competence of veterinary bodies and advisors within government is under close scrutiny, with advice from the ‘cattle vet’ contingent on maintaining intensive beef and dairy production being called into question. They disregard the fact that bTB is changing at similar rates in Wales and England, with Wales not culling badgers.

Now DAERA are busy promoting badger culling with ‘roadshows’ which make exaggerated claims, disseminate misinformation and use other propaganda tricks to force their proposed wishes on the public. See for example:

https://www.farmersjournal.ie/daera-set-out-aims-of-targeted-badger-cull-730904

https://www.farminglife.com/business/farmer-levy-to-fund-btb-badger-cull-3897714

https://www.impartialreporter.com/news/23083437.fermanagh-farmers-hear-tb-eradication-measures-begin-2023/

TB Eradication Partnership (TBEP) Chair Sean Hogan promoting badger shooting on BBC Radio Ulster (from 21.20): 
https://www.bbc.co.uk/programmes/m001d4rx

There is evidence that all the bully-boy tactics used in England will be used in NI.  At a recent roadshow in Armagh, farmers were apparently told that DAERA would, if necessary, invoke the Diseases of Animals Order to cull badgers on lands where the owner refuses permission.

If the JR case is won, DAERA’s credibility would be seriously damaged and the policy would be required to go back out to consultation, perhaps even without an Assembly.  An Assembly could reconvene before fresh elections are announced. But a fresh decision on the outcome would probably need Ministerial authorisation if significant changes were made to the proposals.

The assessment of ecological-impacts question also remains unaddressed

This case may also remind DAERA of another ‘ticking time bomb’ within its proposals only to carry out ‘preliminary ecological assessment’ to form a baseline to monitor badger culling impacts on designated sites and species. Proposals are completely insufficient and don’t even reach the almost non-existent care taken by Natural England in England. Legal challenges in England since 2017 imply that any NI action licensing the culls would be subject to JR, due to inadequate assessment and monitoring of culling impacts in the way described within the various English High Court legal proceedings. Failure to form an adequate baseline and credible monitoring methods could bring any badger cull decision to a grinding halt even if a go ahead was given.

“Insanity is doing the same thing over and over and expecting different results.”

DAERA has created an almighty mess in trying to copy the failed English culls and is heading for a fall. We can only hope that justice is done and this cruel, unscientific and useless killing of protected wild mammals is confined to the history books marked ‘fail’, where it belongs.

Will Government Secrecy on Key Bovine TB and Badger Cull Data Prevail?

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Tribunal sits to reconsider Information Commissioner’s decision.
Badger Cull Data Tribunal Hearing on 01 November 2022. EA/2022/0007

This week, Dr Brian Jones appealed to the first-tier tribunal of the General Regulatory Chamber (Information Rights) in an online hearing coordinated by the GRC Team in Leicester. It concerned a ruling by the Information Commissioner upholding the decision by the Animal Plant and Health Authority (APHA), not to supply the data to him on herd breakdown figures for culled and unculled areas in the High Risk Area. It had been decided that to supply the information would have been an unreasonable burden and contrary to the public interest.

Presiding over the tribunal was Judge Hazel Oliver with Messrs Taylor and Sivers making up the panel. Charles Streeten represented APHA with Dr Jessica Parry attending for APHA while Dr Jones represented himself with nature conservation consultant Tom Langton as expert witness.

Dr Jones was Senior Hospital Immunologist and Head of the Clinical Immunology Unit at Queen Mary Hospital, Hong Kong and Honorary Associate Professor of Immunology in the Medical Faculty at Hong Kong University, until his retirement in 2007. He has published over 100 peer-reviewed papers on human immunology in health and disease. He has taken a keen interest in the immunology of bovine TB, not least in the immune based and failing tuberculin skin (SICCT) test, that releases 15% of infected herds each year to go on to infect stock around the country, because it averages around 50% test sensitivity on individual cows; perpetuating the epidemic at massive public cost.

Dr Jones opening remarks stated that 23 months ago he had submitted his request  for data “APHA should have at their fingertips” and which could have enlightened the contentious issue of badger cull efficacy. He said that APHA would probably argue that this is not the point of issue for this tribunal, only that his request should be lawfully dismissed under the Environmental Information Regulations. 

Dr Jones said that the documents that have been submitted by him essentially argue that culling badgers is not a justifiable component of bovine tuberculosis control and that the evidence was obtained through peer reviewed statistical analysis of DEFRA’s own data. APHA have not succeeded in disproving that evidence, despite all efforts to influence publication of the Langton et al. paper (here) 2022 in Veterinary Record.  Dr Jones said that throughout his career in clinical laboratory immunology he had practiced scientific rigour, impartiality, transparency, and integrity. He would expect these qualities to be universal for all who practice science. He believed this tribunal should take these issues into consideration in interpreting the Environmental Information Regulation 12(4)(b) concerning unreasonable requests and the public interest as it applies to this case.

Charles Streeten of Francis Taylor Building argued that the request was not really an Environmental Information Regulations (EIR) matter (where there is a public interest test and presumption in favour of disclosure) but that it was more of a Freedom of Information Act matter, as he argued the data related only to one species, cattle, and not to biodiversity of human health. Under cross-examination, Dr Jones did not agree with him. He argued that the data, with other data, combined to be of importance to many other species affected due to loss of badgers – an apex predator, including humans, because the healthy natural world is so essential for human wellbeing.

It was clear to the tribunal that APHA had not provided answers to at least some of Dr Jones’s questions, which could have been answered within the defined limit of reasonable time (24 hours) or given options for what could be supplied within that time. Dr Parry for APHA said they had around 5 people who worked on the issue and other specialists were also available for input and to answer public requests, but it was not her who made the decisions on FOI workload. To supply the data in question for Dr Jones APHA would need to create a computer ‘code’ in order to place the electronic data into a file to send to Dr Jones.

Mr Langton indicated that to extract, for example, Defra’s ‘never culled’ data from ‘all unculled data’ used by Defra in rebuttal of his paper, it might have required an additional simple communication between Dr Jones and Defra to identify that data for analysis in a short and straightforward iterative process. APHA had considerable resources for what was one of the great livestock disease issues of our time. This was the data the Defra still refused to provide today. This witholding of data was suspicious becasue APHA had not produced any analysis of badger culling beyond the 2017 data . Despite the apology to him from the CSA and CVO that the figures in their rebuttal to the 18th March paper in Vet Record were wrong, Defra were still refusing to hold a meeting to discuss the science, (here). Mr Langton’s witness statement contained a copy of an email (from APHA’s Eleanor Brown to the Veterinary Record’s editor) from March 2022, showing an attempt to block publication of his March 2022 paper.

In his closing statement Dr Jones said that he only wanted to make a very simple point, and that is that the best science and the firmest conclusions are always arrived at through sharing of unbiased data, collected through transparent processes.  He said:

“The expertise of independent scientists like Mr Langton and his colleagues should be utilised in collegiality with APHA to arrive at consensus approaches to controlling bTB. He was particularly concerned that the opportunity for accurately determining the part played by badger culling in controlling bovine tuberculosis will be lost once the unculled parts of the HRA become vanishingly small. They haven’t yet, but Dr Birch’s abstract presented at ISVEE (here) is saying that they have. This denies the possibility that the incidence and prevalence of bTB in unculled areas is actually falling at the same rate as in culled areas.“

Dr Jones maintained that provision of the data he had requested would have allowed the conclusions in Langton et al. to have been reached at least a year earlier and would have saved the public purse several million pounds. It would have allowed APHA to concentrate on their other important projects;

“Farmers, vets and scientists could have been concentrating on the effective measures that will eventually wipe out this dreadful disease: better diagnostic screening, prevention of fraudulent cattle trading and movement, training farmers in biosecurity, enhancement of slurry management regulations, vaccination of cattle with improved BCG.” he added.

Judge Oliver indicated that there was some potential for the outcome to be decided within three weeks; in November 2022.

Reference

Langton, TES, Jones, MW, McGill, I. Analysis of the impact of badger culling on bovine tuberculosis in cattle in the high-risk area of England, 2009–2020. Vet Rec. 2022;e1384. https://doi.org/10.1002/vetr.1384