Yet More Cumbria Badger Killings

Who is really in charge of Bovine TB control at Defra?

It’s very strange. The brand new Labour Government’s manifesto says that badger culls are  ‘ineffective’, yet they will ‘honour’ those existing ineffective cull contracts. Doesn’t sound right? Furthermore, they say that they will not issue new culling licences, but then issue a licence on 6th September to start a new ineffective cull, with one group boasting that they killed 22 adult and young badgers over the weekend.

It seems that great efforts are being made to avoid explaining what Labour mean by  ‘ineffective’ culling. The expansion of the culls from February 2026 to the end of 2029  looks and walks like a quacking duck manifesto u-turn, if the consultation that closed last week is any guide.

It looks like the brand new licence for what is called Low Risk Area culling have started in Cumbria across most of a zone called Hotspot 29, with around 1,000 mostly healthy  badgers to be shot dead over an area of around 350 sq km. Actually, according to local knowledge in Penrith, it started (unlawfully) around six weeks ago, when at least one participating farmer was told  to get on with it. The area is below Carlisle running south, bordered to the west by the river Eden, and to the east side of Penrith. Specifically, much of Hotspot 29 forms the cull zone, then the area surrounding the current 4 breakdowns will form the Minimum Intervention Area (MIA) where all badgers are targeted. The land to the north and south of MIA will form the outer area for some culling. The area north of Penrith to the West of the river Eden has had one breakdown. This area is sandwiched between the A6/M62 boundaries and could also get some culling.

The Appearance is that a culling licence has been arranged by the same cull company that ran the previous Cumbria cull, Area 32 south of Penrith, already reported in detail. It’s where culling started after cattle testing had reduced breakdowns close to zero, and bTB was found to be embedded in a handful of chronic farms – not badgers at all. In Hotspot 29, livestock farming is generally being run down, with several farms closing and the older generations taking Rural Payment Agency retirement deals. Badgers are a scapegoat for this miserable demise and the local gamekeepers are all over it, believing badgers are the problem because they have been told so.

Any badger cull licence issued will have been issued due to intense pressure from farming industry bodies who have been gearing up to cull north of Penrith since the end of winter. It was long promised. They made preparations in May, but then Rishi Sunak called the election, and Labour said they would end the culls and not issue new licences. So why do DEFRA / APHA  appear to have said ‘yes’ to this new badger cull, despite the failure of badger culling in Area 32? 1,115 badgers have been killed there since 2018 for no good reason at all (here). 

Hotspot 29. Herd breakdowns 2013-2024. Note in 2020 due to covid restrictions, cattle testing was suspended. This resulted in increased trading of diseased cattle and further infections in subsequent years. In 2022 many new enhanced tests began to address the 2021 increase in the area, with the APHA/CVO epidemiological mistake of blaming it on badgers. It is what the 2018 LRA policy calls a ‘precautionary’ measure, and is the travesty of a failed policy that Labour now perpetuates, despite promising not to.

Few breakdowns have occurred in this area during the past 10 years. Killing hundreds of healthy badgers because of the trading of  infected cattle and mixed grazing is unnecessary and disgraceful.

So what’s going on? Do Steve Reed and Dan Zeichner have a proper handle on their civil servants – are they running the shop or not? Christine Middlemiss met with Steve Reed recently, still insisting badgers are to blame, based on her dubious scientific understanding. Has she overstepped the mark and will the Ministers turn a blind eye? We need to know. This week in response to a Parliamentary Question, (here) we see the same old language creeping back in, with words prepared for Daniel Zeichner saying “the gap between the end of one form of badger disease control and the successful deployment of another, should be as narrow as possible to bank the maximum disease control benefits.”  But there has been no evidence of tangible benefits to bank from the ineffective badger culls, and badger vaccination is a total distraction and waste of time. Why is he letting the old rhetoric prevail, distracting from the task in hand to revolutionize the cattle testing system and saving taxpayers £Millions? Just doesn’t add up.

Hotspot area (HS29) was established in January 2023 in response to the increase in OTF-W breakdowns in the area over the previous years, a result of infected cattle trading and 4 yearly testing. It covers 510 square km. Enhanced TB surveillance measures have been implemented in cattle across the whole hotspot area, with collection of ‘found dead’ badger and wild deer carcasses. The problem appears to be a group of landowners pursuing an original ‘Potential Hotspot 29’ designation to be upgraded to full hotspot status, in order to apply for a cull licence.

Meetings were held locally by the NFU acting alongside the cull company who were encouraging all the farmers/landowners to sign up, together with supplying/distributing, peanuts and equipment to farmers for baiting. The intention seemed to be to cull 95% of badgers ‘before they became a problem’. Being told by someone: “just get on with shooting and don’t wait for the licence to be issued”. Rumours suggest that local farmers were wound up by this rhetoric until they were champing at the bit to get on with it. Groups have been seen out lamping at night, with an eye witness to two separate groups shooting across the valley from opposite directions at the same target. 

There are currently only six breakdowns in Hotspot 29. With four in a cluster to the east of Penrith. One of this cluster is Hole Farm, Ousby, in a general area where unlawful culling has been reported. It is doubtful if Natural England and the police will investigate due to lack of guidance and resources.

Meanwhile in and around the  failed Cull Area 32 breakdowns continue despite badger culling and vaccination. When will they twig they are wasting their time and other peoples money with huge human and animal welfare costs?

 Hotspot 29

In Spring 2024, the APHA introduced a staged strategy for BTB hotspots. To determine whether an index (initial) case should trigger a hotspot area, APHA vets will try to establish the likely origin of infection for the affected herd or cluster of herds. If the origin of the index case(s) is likely to be the introduction of TB-infected cattle into the herd, then APHA will not instigate a hotspot area and the standard procedures for a normal OTFW breakdown in the LRA are followed, including radial surveillance testing to monitor for any spread from those introductions. APHA has said for many years, most LRA breakdowns are due to cattle movements, confirmed by Whole Genome Sequencing.  But demonstration of shared strains between cattle and badgers once cattle have polluted the landscape is now sufficient to cull badgers, without evidence  of directionality. This dumbing down  is simply bad science with no justification and should be considered unlawful. (See here)

The Defra  2014 strategy predicted LRA TB freedom by 2025.  Just look at how badly things are going. Herd incidence has nearly doubled. Largely because APHA are only now increasing cattle testing measures (e.g. from four-yearly testing to annual and 6 monthly) hence more disclosure and with badger blame to cover their inadequacies. Government strategy has been so poor that they need something to be the cause other than their own failings and neglect.

Rise of BTB herd incidence in the Low Risk Area of England over the last 25 years due to inadequate cattle testing and movement controls. Costing farmers and taxpayers dearly.

Badger Crowd has one message to Steve Reed and Daniel Zeichner –

You need to get a grip on your Department right now.

 

Defra outlines a refreshed bovine TB control badger strategy.

Defra has today (30th August 2024) announced plans for a refreshed bovine TB control badger strategy. Whilst it is good to see a clearly stated intention to stop culling badgers, that this will not happen before the end of the current parliament (2029) is completely unacceptable. These plans propose five more years of badger culling, all without sound scientific basis, and would result in the total number of culled badgers exceeding 300,000, all with no measurable disease benefit.

It is equally disappointing to see proposals for mass badger vaccination to be employed as a tool against bovine TB in cattle. This is an unwelcome, and scientifically unjustified continuation of the badger blame game. The scientific evidence just does not support the continued focus on badgers as a significant source of bovine TB in cattle, despite ill-informed media reports in recent weeks. It is a complete waste of resources when the real need is to retrain vets on the science of bovine TB and wildlife, over which they have been misled for many years, and to change cattle testing policy.

While we welcome the statement that “The full strategy will be co-designed with farmers, vets, scientists and conservationists”, we are somewhat sceptical about how inclusive this will be. There has been no engagement with scientists involved in important peer-reviewed science (here and here), despite frequent requests for meetings or at least dialogue. Will there be continued resistance to accept published science that challenges the views of those civil servants at Defra who have been pushing un-evidenced, expensive and unethical policy for so long?  An uncomfortable history of bad decision making by those who need to stand aside to allow genuine progress.  

Not mentioned in the statement, is the 22nd August consultation on licensing of a new badger cull  in the Low Risk Area (LRA). It looks likely that Labour are not just re-authorising existing licences, they are planning to start new licences in new areas, this one in Cumbria in the Eden valley north and east of Penrith. This will have a 100% cull objective, repeating the failed epi-cull of the immediately adjoining area, the subject of a report last year (see here).  There are rumours that two further LRA culls may be licenced this autumn or next, possibly in Lincolnshire and Hertfordshire / Bucks and who knows where else?  

Here is the Defra announcement in full:

 

Government to end badger cull with new TB eradication strategy  

  • First Bovine TB strategy in a decade to end badger cull and drive down TB rates to protect farmers livelihoods
  • New holistic approach will ramp up cattle control measures, wildlife monitoring and badger vaccinations
  • Proposals co-designed alongside farmers, vets, scientists, and conservationists to beat TB that devastates livestock farmers and wildlife

Work on a comprehensive new TB eradication strategy has been launched today (30 August) to end the badger cull and drive down Bovine Tuberculosis (TB) rates to save cattle and farmers’ livelihoods.   

Over the past decade, TB has had a devastating impact on threatened British livestock and wildlife. Over 278,000 cattle have been compulsorily slaughtered and over 230,000 badgers have been killed in efforts to control the disease, costing taxpayers more than £100 million every year. 

For the first time in over a decade, the Government will introduce a new bovine TB eradication strategy working with farmers, vets, scientists and conservationists to rapidly strengthen and deploy a range of disease control measures.   

The new strategy will mark a significant step-change in approach to tackle this devastating disease, driving down TB rates and saving farmer livelihoods and businesses. It will use a data-led and scientific approach to end the badger cull by the end of this parliament.   

The work to end the badger cull starts immediately and includes:     

  • First badger population survey in over a decade: The last major badger survey was carried out between 2011-13, leaving policy makers with no clear idea of the impact culling techniques have on our badger populations. The Government will work at pace to launch a new survey this winter to estimate badger abundance and population recovery to illustrate the impact of widespread culling over the past decade.  
  • New national wildlife surveillance programme: After a decade of culling, the prevalence of TB in remaining badger populations is largely unknown. The development of a new national wildlife surveillance programme will provide an up-to-date understanding of disease in badgers and other wildlife such as deer. Together with updated estimates of badger abundance, this will unlock a data-driven approach to inform how and where TB vaccines and other eradication measures are rapidly deployed to drive down TB rates and protect farmers’ livelihoods.   
  • Establish a new Badger Vaccinator Field Force: Badger vaccinations create progressively healthier badger populations that are less susceptible to catching and transmitting TB. A new Badger Vaccinator Field Force will increase badger vaccination at pace to drive down TB rates and protect badgers.   
  • Badger vaccination study: To supplement the Field Force, the Government will rapidly analyse the effect of badger vaccination on the incidence of TB in cattle to encourage farmers to take part and provide greater confidence that doing so will have a positive effect on their cattle.  

In addition, we will accelerate work on the development of a cattle vaccine, whichis at the forefront of innovative solutions to help eradicate this disease. The next stage of field trials will commence in the coming months. Our aim is to deliver an effective cattle TB vaccination strategy within the next few years to accelerate progress towards achieving officially TB free (OTF) status for England.   

The full strategy will be co-designed with farmers, vets, scientists and conservationists. It will consider a range of further measures including boosting cattle testing, reducing the spread of disease through cattle movements, and deploying badger vaccination on a wider, landscape scale. This will build on Professor Sir Charles Godfray’s 2018 independent strategy review.  

Minister for Food Security and Rural Affairs, Daniel Zeichner said:   

“Bovine tuberculosis has devastated British farmers and wildlife for far too long.  

“It has placed dreadful hardship and stress on farmers who continue to suffer the loss of valued herds and has taken a terrible toll on our badger populations.   

“No more. Our comprehensive TB eradication package will allow us to end the badger cull by the end of this parliament and stop the spread of this horrific disease.”   

Chief Veterinary Officer Christine Middlemiss said:   

“Bovine tuberculosis is one of the most difficult and prolonged animal disease challenges we face, causing devastation for farming communities.   

“There is no single way to combat it, and a refreshed strategy will continue to be led by the very best scientific and epidemiological evidence. With the disease on a downward trajectory, we are at a crucial point. Working in collaboration with government and stakeholders will be the only way we achieve our target to eradicate bovine tuberculosis in England by 2038.”  

John Cross, chair of the bTB Partnership said:   

“As chair of the bTB Partnership for England, I am delighted to hear Minister Zeichner’s intention to refresh the current bTB strategy. Ten years after its launch, the time is right to look again at the tools we use to tackle this persistent disease.  

“Bovine TB is the common enemy, not farmers or wildlife groups. Only by working together, will we reach our goal.”   

 The government will also publish additional information about animal and herd-level bTB risk – for example, the date and type of the most recent TB test completed in the herd of origin of that animal and how long the animal has been in the herd.  

This greater level of detail will be made available on ibTB – a free to access interactive map set up to help cattle farmers and their vets understand the level of bovine TB in their area and manage the risks when purchasing cattle.  

Today’s announcement ensures the government meets its manifesto commitment and represents a new direction in defeating this disease that will both protect the farming community and preserve wildlife.    

Notes to editors:  

Existing cull processes will be honoured to ensure clarity for farmers involved in these culls whilst new measures can be rolled out and take effect.    

The Bovine TB Partnership is a stakeholder-government collaboration established as a driving force for further progress towards disease eradication.  It is made up of experts from government (Defra, APHA and Natural England), as well as farmers, veterinarians, scientists, academics, and ecologists/conservationists, including representatives from the National Farmers Union, British Veterinary Association, British Cattle Veterinary Association, and the National Trust.

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Chief Vet’s targeted badger cull plans finally scrapped

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.

 

Brian May – The Badgers, the Farmers, and Me

Brian May: The Badgers, the Farmers, and Me’ is a documentary that was aired on BBC2 at 9.00pm on Friday 23 August, and is now available on the BBC iplayer. Filmed over 4 years, the programme charts Brian May’s journey as he explores the ongoing battle against bovine tuberculosis, and the differing views of both farmers and those who oppose badger culling .

The new film covers 12 years of practical research ongoing over the last 12 years. The shocking truth around the monumental failure of Defra to effectively address the problem of bovine TB  is highlighted, and the resulting tragic slaughter of both cows and badgers is revealed with horrible clarity.

Animal campaigner Brian May and Anne Brummer, CEO of May’s Save-Me organization, have spent the years since culling was first mooted by David Cameron’s government uncovering the truth about bovine TB. Rather than fighting the farmers, May and Brummer have looked at the problem from the viewpoint of the farmer and the vet , following a case study which has transformed a chronically infected cattle herd into a healthy herd with TB-free status. This was achieved without killing a single badger. The revolutionary methods used are now known as the Gatcombe strategy.

Meanwhile, over the same period, nearly a quarter of a million badgers have been killed on the basis that they spread bTB to cattle. This new documentary shows that the badger cull policy implemented since 2013 has failed farmers completely. Rates of bTB infection and consequent numbers of cattle slaughtered are in some areas no better, and in others worse than ever, following the cull. The work from the case study farm in the documentary clearly shows with that blaming badgers has been a wildly incorrect reading of the facts.

May and Brummer conclude that the very idea that badgers are part of the bTB re-infection process is unsupportable. Government and NFU policy has been based on the work of a small number of scientists who have persisted in claiming disease benefit  from  statistical models, ignoring the uncertainty around them, and doubling-down when challenged.

This new documentary is the first time that an alternative view about badger culling has been presented in documentary format. Do watch it for a sincere, refreshing and honest take on badger culling. It goes to the heart of the problem, and shows compassion for the farmers, the cattle and badgers. And it provides answers and a way forward. Congratulations to all involved.

 

RBCT uncertainties debate gains momentum

On December 13th 2022, a preprint was put up on the ResearchSquare platform. Entitled ‘Absence of effects of widespread badger culling on tuberculosis in cattle’ [1], it was a reanalysis of the Randomized Badger Culling Trials (RBCT). Following a protracted period of review, with a number of very long silences, and relatively few revisions, it was published in Nature Scientific Reports on July 15th 2024 (Torgerson et al 2024) [2]. Finding a major anomaly, it uses a range of statistical models to re-examine the RBCT data  and concludes that most standard analytical options did not show any evidence to support an effect of badger culling on bovine TB in cattle.

Torgerson et al 2024 [2] noted that the statistical model selected for use in the original study in 2006 [5] was one of the few models that did show an effect from badger culling. However, various model assessment criteria suggest that the original model was not an optimal model compared to other options available. You can read a short blog on the new Torgerson et al paper here, and the full paper is available here. Essentially, the more appropriate models in the latest study strongly suggest that badger culling does not bring about the disease reduction reported.

Following publication, the new analysis [2] was mentioned in an article in Vet Times on July 24th, and in Vet Record in their 3/10 August edition. Neither publication noted its major significance. No other mainstream media reported on it at all. This is perhaps surprising since the government badger cull policy rests all but entirely on the conclusions from the RBCT. It is the science that DEFRA has used in court to defend their decisions to experiment with culling. It is the science that has resulted in 11 (12 including 2024) years of intensive and supplementary badger culling across huge areas of England, and around 230,000 dead badgers. In other words it is the pivotal piece of work for the decision-making around badger culling policy.

The reluctance of the media to report further on Torgerson et al. is a prelude to work by two of the authors of the original 2006 analysis (Christl Donnelly and Rosie Woodroffe) together with a DPhil Statistics student at Oxford University (Cathal Mills), who had, at the time of publication, two rebuttal papers in press with Royal Society Open Science [3,4]. Unusually, the abstracts and supplementary information for these new papers were posted online and available to view before publication without the main text. Enquiries regarding the posted information and the main papers resulted in in press versions being helpfully forwarded. The new analyses from Mills et al. are entitled An extensive re-evaluation of evidence and  analyses of the Randomised Badger Culling Trial (RBCT) I: Within proactive culling areas [3], and  An extensive re-evaluation of evidence and analyses of the Randomised Badger Culling Trial II: In neighbouring areas [4].

Published on August 21st, the two new papers largely duplicate the analyses in Torgerson et al 2024, but use different model assessment criterion to come to a different conclusion. In fact they double-down on the conclusions of the original 2006 analysis: “…we estimate substantial beneficial effects of proactive culling within culling areas, consistent with separate, existing, peer-reviewed analyses of the RBCT data.”

So in the year and a half since the posting of the Torgerson pre-print [1], Mills, Woodroffe and Donnelly have been working on their rebuttal to it. Torgerson and his team have looked through the in press versions of the Mills et al (2024) publications [3,4] for a few days and multiple problems stand out. In particular:

  1. Incorrect statements regarding disease control outcomes since 2010
  2. Use of a non-peer reviewed publication
  3. Confusion between the offset and overdispersion leading to incorrect calculation of disease exposure
  4. Incorrect and confused statements regarding model comparisons
  5. Exaggerated claims during use of new modelling.
  6. Failure to address the modern interpretation of SICCT test reactors
  7. Failure to recognise the onward effect of the analytical failure on multiple subsequent publications and policy outcomes.

Somewhat unusually, the new Mills et al papers do not refer to or cite the published Torgerson et al paper [2], only the first pre-printed version of Torgerson et al. from 2022 [1]. So in essence, the new Mills et al papers [3,4] are out of date at the time of publication, failing to refer to the updated 2023 preprint or the final version in  Scientific Reports published 15th July 2024 [2]. Following contact with the Royal Society, a response raising concerns with the newly published papers is being written and will be submitted shortly. An interim report has been put together by Torgerson and Langton with brief observations on the new papers (see here).

The Royal Society says it is committed to reproducibility. Reproducibility is the ability of independent investigators to draw the same conclusions from an experiment by following the documentation shared by the original investigators [6]. The issues identified in [2] and “rebutted” in [3,4] illustrate one of the major issues of the reproducibility crisis: poor statistical inference. It is hoped that the conclusions of this exchange will inform future bovine TB intervention policy this autumn.

References

[1] Torgerson P, Hartnack S, Rasmusen P, Lewis F, Langton T. 2022 Absence of effects of widespread badger culling on tuberculosis in cattle. In Review. (doi:10.21203/rs.3.rs-2362912/v1)

[2] Torgerson, P.R., Hartnack, S., Rasmussen, P. et al. Absence of effects of widespread badger culling on tuberculosis in cattle. Sci Rep 14, 16326 (2024). https://doi.org/10.1038/s41598-024-67160 (available: https://www.nature.com/articles/s41598-024-67160-0)

[3] Mills CL, Woodroffe R, Donnelly CA. 2024,  An extensive re-evaluation of evidence and analyses of the Randomised Badger Culling Trial (RBCT) I: Within proactive culling areas. R. Soc. Open Sci. (doi:10.1098/rsos.240385)

[4] Mills CL, Woodroffe R, Donnelly CA. 2024, An extensive re-evaluation of evidence and analyses of the Randomised Badger Culling Trial II: In neighbouring areas. R. Soc. Open Sci. 11:240386.

[5] Donnelly CA, Woodroffe R, Cox DR, Bourne FJ, Cheeseman CL, Clifton-Hadley RS, Wei G, Gettinby G, Gilks P, Jenkins H, Johnston WT. Positive and negative effects of widespread badger culling on tuberculosis in cattle. Nature. 2006 Feb 16;439(7078):843-6.

[6] Gundersen Odd Erik 2021The fundamental principles of reproducibility. Phil. Trans. R. Soc. A. 37920200210

 

 

Why are we waiting?

Things are starting to become slightly clearer as we near the point of discovery over the future of badger culling in England and beyond. Consultees to the online Defra Consultation  questionnaire of 14th March were told this Monday (5th August) that an analysis of Consultation responses will be published in the autumn (Sept-Nov?) giving more time for policy development without badger culling. But there is no reason now to delay clarification on the big 56% lie surrounding the ineffective badger culls.



 

Notably, the NFU appeared fully taken in by the spin from the Animal and Plant Health Agency paper by Colin Birch and Defra, that badger culling ‘is working’. Birch et al. follows on from a paper published in Veterinary Record in 2022 that showed quite neatly how recorded bovine TB levels (recorded OTF-W incidence)  peaked after the introduction of annual tuberculin testing in 2010 and began dropping in the High Risk Area from 2013 in some counties and generally by 2015. And, at a steady rate that did not increase once badger culling started (and that was more widespread from 2018), showing no evidence that badger culling had contributed to a slow decline of around 6% per year. 

Steve Barclay, and previous Environment Ministers before him, had made wild claims of a culling benefit of around 50%, based on APHA parroting the claims made since the 1970s that this is the badger contribution to cattle TB. This has always been a poorly evidenced, lame and far-fetched claim, making a mockery of professional epidemiology.

Not to be fooled, Labour are onto the problem and have firmly labelled badger culling as ‘ineffective’ in their manifesto. They have highlighted the need to work with farmers and scientists which is now the helpful – but not very specific – new Defra mantra.

The Birch paper makes it quite clear in two places that the cause of the welcome decline in bTB first identified formally in 2022, cannot be attributed to any particular intervention, be it better testing, different tests and more frequent tests, better biosecurity or badger culling. It is just a crude before-and-after effort with no controls, showing what was already known in a slightly clunky way. This is no help at all, as Professor Macdonald at Oxford pointed out in his November 2023 ‘state of the science’ review. However, the unfortunately misleading abstract for the Birch paper transmutes opinion into ‘fact’, to give the casual  reader a misinformed overview of the findings. How very CVO.

So what are we left with as we approach the time of Labour’s big reveal this month? Firstly, an increased interest in badger vaccination with Defra organising a media spree with its dutiful contractors to suggest a direction of travel that Natural England seem to think is appropriate.

Also, news from Oxford, where a 50,000 signature petition to the School of Biological Science, organised by the Oxfordshire Badger Group calling for increased academic engagement seems to be working. A response to the Torgerson et al. 2024 paper on the choice of models for analysis of the Randomised Badger Culling Trial data, published  recently in Scientific Reports is imminent. The Torgerson paper wallowed rather oddly for 18 months in peer review, emerging little changed, so plenty of time for the RBCT folk to have prepared.

How the 50 something % cull benefit lie has been peddled in recent months and years:

Farmers Weekly: Badger culling policy reduces cattle TB by 56%, study shows 

Farmers Guardian, Farming matters: Lord Robert Douglas-Miller – ‘The science is clear that the tide is turning on bovine TB’ 

Shrewsbury Conservatives, DANIEL KAWCZYNSKI MP MEETS WITH MARK SPENCER, THE MINISTER OF STATE FOR FOOD, FARMING, AND FISHERIES, URGING HIM TO TAKE TOUGHER ACTION TO REDUCE CASES OF BOVINE TUBERCULOSIS:  

Parliamentary Question response from Mark Spencer: To ask the Secretary of State for Environment, Food and Rural Affairs, what assessment her Department has made of the (a) effectiveness of badger culls in tackling bovine TB and (b) reliability of the TB test used to identify cattle for slaughter; and what estimate her Department has made of the (i) annual cost of bovine TB in Shropshire and (ii) level of bovine TB in that county. 

 

‘Badger culling forever’ legal case update

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.

 

The vigil of Betty Badger outside DEFRA offices in London

Betty Badger (AKA Mary Barton) has stood outside Defra offices in Marsham Street every Thursday for over 7 years now. She has done it in all weathers, sometimes unbearably hot, sometimes soaking wet, sometimes freezing cold.

She is doing it to protest at the ongoing badger cull that has now killed over 230,000 badgers. She is doing it to raise awareness of the issue, and to make sure that this dreadful policy does not become considered as acceptable.  Because it’s not. She is doing it to make sure that the Defra employees who go in and out of the building are reminded that their badger cull policy, that they oversee, is causing huge suffering and depletion of native wildlife. She does it because she is so distraught about it, that she can’t NOT do it.

Sometime she gets words of encouragement, sometimes she gets verbal abuse. Occasionally she gets physical abuse.  Sometimes passing Defra employees reveal their complete ignorance of the science of bovine TB and badger culling by their comments to Betty. Occasionally a civil servant will approach Betty say “ I can’t talk to you because I would get into trouble, but thank you Betty for doing this and please carry on”

She has secured meetings with each Secretary of State for the Environment during her vigil (except for Therese Coffey), who have for the most part listened politely, but insisted the badger cull is the ‘right thing’ and pressed on with it.

Last year, as the political tide turned, she had a meeting with the Shadow Minister for Defra, Daniel Zeichner. He made positive noises, suggesting Labour would aim to get rid of bovine TB without culling badgers (not shown to work), but using cattle measures (known to work). He advised her that with Labour in government, Betty could have her Thursdays back: she wouldn’t need to stand outside Defra any more.

But here we are……..Betty is still outside Defra after all. Natural England have released information under Freedom of Information saying that up to  28 thousand badgers will be targeted this year. And this is despite the statement in the Labour Manifesto that culling badgers is ‘ineffective’ and will end.

Betty has read the science and thinks badgers have been framed.

Oxford – we have a problem……………50,000 people think so

On Thursday 18th July, as Keir Starmer visited Blenheim Palace in Oxfordshire, the Oxfordshire Badger Group (OBG) presented a petition, with over 50,000 signatures to Oxford University School of Biology in central Oxford.

OBG called on Oxford University to own what it called “YOUR FLAWED SCIENCE” and asked them to “SPEAK OUT AGAINST BADGER EXTERMINATION.”

OBG press statements say that Oxford University is the birthplace of the Badger Culls. Scientists from Oxford, with others, designed, conducted and analysed data from the original Randomised Badger Culling Trial (1998-2005). It is the findings from this trial that DEFRA has used to claim that badgers have a substantial role in spreading bovine TB (bTB), and to justify killing badgers on an industrial scale. Since 2013, over 230,000 badgers have been slaughtered, most of them completely healthy adults and cubs. Cull zones now cover much of the west and central England. Badger populations are reported to be close to local extinction in some areas. Over 60% of Oxfordshire is covered by various cull areas, along with neighbouring counties, infected in more recent years by careless cattle movements.

Oxfordshire Badger Group say it has been pleading with Oxford scientists over the past year to use their influence in the badger cull debate. But the School of Biological Sciences has declined to engage in meaningful way, snubbing any chance of a serious dialogue.

OBG representatives said:

We ask them to speak out against the misuse of their research. Keeping silent on one of the major animal welfare issues of the day is not scientifically principled. It allows DEFRA and Natural England to ignore new evidence and keep on culling regardless. Their silence is deadly for badgers, does not help farmers or cattle and is condemned by many members of the public. Our petition and open letter “Oxford University’s Scientists Must Speak Out Against Badger Extermination” now has over 50,000 signatures.”

The university scientists have said in correspondence that they have ‘no appetite’ to revisit the RBCT in the light of new evidence. They refuse to engage in what they see as a political rather than a scientific debate, which it is not – it is a scientific debate. Yet this is a pivotal moment. DEFRA are considering moving to ‘targeted culling’ with no credible evidence other that its’ pilot cull in Cumbria has failed.

The new Labour government manifesto states that badger culling is ‘ineffective’, yet is still allowing it to continue, even as government-funded scientific evidence against culling piles up. DEFRA’s own scientists analysed the overall impact of implementing a range of bTB control measures (cattle measures and badger culling combined). They did not find clear evidence to link culling badgers to a reduction in bovine TB (see section on Birch et al here). Yet the paper by Birch was widely and incorrectly reported as showing that culling badgers had reduced the incidence of bTB by 56%.

In April 2024, Natural England’s Director of Science advised against issuing supplementary cull (SBC) licences stating “Over the past few years, the balance of evidence has shifted….” and “….. farmers can avoid the considerable expense and inconvenience of undertaking the SBC without increasing the risk of their cattle suffering from bTB”. Officials overruled this advice and badgers are now being killed over the summer (including we believe Oxfordshire Cull Zone 49 which already had completed 4 years of intensive culling).

Professor David MacDonald reviewed the evidence base for the current cull policy for the Badger Trust in November 2023. He concluded “in 2023, much as in 2007, it is hard to see that killing badgers will make a meaningful contribution”. Sadly, his fellow scientists have chosen not to support this narrative.

An important new paper, “Absence of effects of widespread badger culling on tuberculosis in cattle” by Torgerson et al raises serious questions over the validity of the methods used to analyse the RBCT data. This study re-examined original RBCT data using a range of statistical models. It found that the RBCT analysis chose to use one of the very few models to show that culling had an effect on bTB herd incidence, and not in the way the paper had actually reported. The new paper concludes that the RBCT results are not reproducible and “there was insufficient evidence to conclude RBCT proactive badger culling affected bTB breakdown incidence”. In other words, the original Oxford study that underpins culling badgers is fully compromised. 

The RBCT was a politically charged, high profile research project that ran for 8 years and cost UK taxpayers ~£49 million. Perhaps the worst transgression in science is when you don’t admit that you are fallable. If you do admit oversights or mistakes, you are a good scientist. Badger Crowd supports OBG in calling for Oxford Scientists to pursue scientific rigour in acknowledging the new understanding of the science that has developed over the last few years and that changes the narrative. We ask that they join us in calling for an immediate end to the badger cull as they did in 2012 before it started and in 2015 before it was rolled out. Why not now, at the time when they predicted it would fail?

Eileen Anderson OBG Trustee said:

“It is horrible knowing that innocent badgers are being killed across Oxfordshire, in contradiction to the science and with so little concern for their lives or the survival of a native mammal.”

Linda Ward  OBG Trustee said:

“The scientists were reluctant to openly challenge the former Conservative governments pro-cull policy. But to continue to keep silent in the face of the emerging new evidence would be inexcusable and call their scientific integrity into question. In my view they need to either publicly defend their RBCT or accept that it’s findings are flawed.”

Julia Hammett Chair of Trustees said:

“Oxford University’s research has enabled the cattle industry to kill 230,000 badgers. DEFRA is openly ignoring the scientific evidence that culling is not associated with a measurable reduction in bTB. The eminent scientists who led the RBCT must demand that the government returns to robust, evidence based policies.”

Please speak up Oxford University. It’s well past time to stop the cruel, wasteful useless badger cull.

Labour and Badger Culling?

In 2019, when Jeremy Corbyn was the leader of the Labour party, their manifesto stated clearly that, if elected, badger culling would stop. Labour under the leadership of Keir Starmer had a less clear position on badger culling, until Reform UK split the Conservative vote, and in the recent election manifesto it was said that Labour would “work with farmers and scientists on measures to eradicate Bovine TB, protecting livelihoods, so that we can end the ineffective badger cull”.

How will Labour work with farmers and scientists?

Since the election, Steve Reed, the new Secretary of State  for Environment, Food and Rural Affairs, and Daniel Zeichner, the new Minister of State in the Department for Environment, Food and Rural Affairs, have been busy making their presence felt amongst the farming community. They seem to have been rubbing shoulders every other day with the NFU for the last two weeks, and yesterday (18th July) were at the National Farmers’ Union Summer Reception in Parliament in front of dozens of MPs, where Zeichner said:

And I know the culling debate is a really, really hard one. Very, very contentious. Huge passion on both sides of the argument. But let me tell you, the Secretary of State has been clear: the current round of licences will be honoured. I absolutely believe we’re only going to eradicate bovine TB by working closely and constructively together to use all the science and everything that we’ve got to beat it. We are going to beat it. I tell you, I’ve already said to the department, that is my top priority. So, you have my assurance.”

So who will be working closely and constructively together? Zeichner is fulfilling his commitment to meet with industry representatives. How about meeting with the scientists? And other stakeholders shut out by Government for a decade or more? He may be talking to the scientists who have spent the last 20 odd years presenting work from their own Randomised Badger Culling Trials (RBCT) as the best evidence of the role of badgers in bovine TB, but they are definitely not talking to published scientists who have found that culling badgers has no role in the management of bovine TB in cattle (Langton et al 2022 and Torgerson et al 2024).

Are Labour taking ‘evidence’ from only one side of the debate and filtered through the lenses of civil servants? The civil servants seem to be doubling down to keep uncertain and flawed science that they have propped up for two decades. Will Labour keep in place the really dreadful  Bovine TB Partnership that is made up largely of those with the commercial interests of farming and cattle vets, to advise on badger culling. Mostly not scientists. With a new scientific paper out this week (here) that shows that there were no measurable effects of widespread badger culling on tuberculosis in cattle in the RBCT, will there be better thinking from Labour? Will they drop the unscientific inference (from Birch et al.) regarding the 56% reduction in breakdowns (2013-2020) being due to badger culling rather than from cattle testing? (See what Professor David MacDonald says about this here). If they will not stop culling now, with yet more science suggesting badger culling is ineffective, then when will they, and can the law let them?

Ineffective badger cull?

It was heartening to see in Labour’s manifesto that they agree that the badger cull is ineffective. It would have been good to see a little more detail on why this is their view. We would like to hear more on this. But surely, if culling is ineffective, it is illegal under Section 10 of the Protection of Badger Act 1992? Culling badgers would only be permitted under licence if it could prevent the spread of disease  – which it cannot if it is ineffective? So is Labour talking in riddles, or poised to backtrack and go back on its first manifesto pledge? We are about to find out.

We can end the ineffective badger cull?

‘We can end’ the ineffective badger culls’ they say, but when? Millions of people voted Labour because they hoped and believed that Labour would end the culls on coming into power. Why wouldn’t they, they are ineffective? Or do they believe they are effective, as Defra Vet Christine Middlemiss has been telling them, with the fake ‘56%’ nonsense that is now under legal challenge. Newly published science shows that there can be no measurable benefit from continuing culling. They cannot be continuing them because of contractual obligation to culling companies, because the Derbyshire cull that was cancelled in 2019 was legally challenged by the NFU, but the judge found that the government had a legal entitlement to make a political decision about culling. So they could make a political decision, and a scientific one, to stop all culling straight away if they wanted to. So why don’t they? This is now the big question that they need to answer next week before they pack up from Parliament for the summer.

Natural England refuses to stop licensing the badger cull

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

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.