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DEFRA called out over flawed bovine TB claims at international vet conference

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The UK’s Animal and Plant Agency statistician Colin Birch was roundly criticized for his presentation yesterday (12/08/22) at the 16th International Symposium of Veterinary Epidemiology and Economics (ISVEE 16) held at Halifax Convention Centre, Halifax Nova Scotia, Canada.

Birch presented data from badger killing zones in England in recent years, with no proper explanation as to why he had not also used data from unculled areas to compare. He claimed  that a reported 50% reduction in bovine TB herd incidence in culled areas was due to badger culling.

The audience seemed less than convinced. At the end one question pointed out that it is not possible to attribute the reduction in bTB incidence to badger culling as the reduction in the unculled area had a similar trajectory. Cattle measures (Testing and movement controls) that were introduced prior to and over the same period (in both culled and unculled areas) would reduce incidence in the manner observed.

A further point was made from the audience that it looked like Birch and APHA were trying to make and promote ‘policy driven evidence’ to satisfy the ministry (Defra). Birch had no coherent response to this but said that he did not agree.

The unpublished manuscript by Birch and others is yet to be fully disclosed, but comes at a highly sensitive time for Defra and Minister George Eustice and Natural England Chairman, Tony Juniper and his scientific staff. They want to sign off the killing of another 40,000 largely healthy badgers from September of this year, despite the science suggesting that complete failure is the most likely outcome.

In March of this year, Defra issued flawed data (see here) in response to a detailed peer reviewed paper (see here) published in Veterinary Record which showed that badger culling in England since 2013 has failed. In a response to the paper, Defra produced a media outburst designed to undermine it, that claimed badger culling had little or no effect in the first two years, and therefore the analysis used was flawed. Observers have been left baffled and talking about government competence, since all the Defra data presented shows large drops in herd incidence over the first two years, suggesting that it is cattle measures that are responsible for these declines, and not culling.

Despite high public interest in this most controversial of policies, Defra have become tight-lipped on their home-made dilemma since March 2022, and defiantly issued more cull licences in June. But despite well and truly losing the science argument they still  appear desperate to try to show some reason to prop up their policy and to enable them to keep killing badgers. This fell flat at today’s conference as the science community strongly questioned Defra’s handling of data.

Environmental principles ‘usurped’ as Badger Cull ecological impacts case is hijacked

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On Tuesday 26th July 2022 at the Court of Appeal in London, case CA-2021-001918 was heard: The Queen on the Application of Langton v The Secretary of State for Environment, Food and Rural Affairs & Anr was heard in Court 71.  The presiding judges were Lady Justice Macur, Lord Justice Haddon-Cave and Lord Justice Dingemans.

It was not a good day for badgers, or for public interest concerned with how government policy impacts the UKs increasingly nature-depleted rural areas. It showed a sinister ploy by the Government to defeat a well constructed legal claim in what is plainly backroom conduct that only came to light in April 2022, after the Court of Appeal had granted permission for the appeal to be heard. Most of all it shows the level of thinking in government where winning and ‘doing it our way’, takes precedence over doing what is right and in the public interest.

The decisions, read with the House of Commons Environmental Audit Committee recommendations published just two days later, could not provide a  more stark contradiction. Government has created a new low bar, where not knowing enough, not being able to afford essential research and ignoring official reports pointing to evidence gaps, are all good reasons to do nothing. Biodiversity protection just entered a dangerous void, thanks to those in charge at Defra and Natural England.

Background

This case was an appeal from the High Court judgement of August 2021 [2021] EWHC 2199 (Admin), where Mr Justice Griffiths concluded that the Secretary of State for the Environment, George Eustice, was not required to ‘have regard’ to the potential impacts of badger culling policy on biodiversity under Section 40 of the NERC Act 2006, see here. This was in respect of listed priority species and habitats and the potential disruption of biodiversity by removal of badgers from the wider countryside.

The first stage of the Court of Appeal hearing was to consider whether the appeal had become “academic”, after permission to appeal had been granted by Justice Simler on 13th April, following late evidence from Defra in the form of the witness statement of Eleanor Brown dated 28 April 2022 and submitted by the Secretary of State.

Ms Brown’s witness statement showed that Defra took steps to remedy the same defect alleged in the High Court case regarding the all-important section 40 duty to consider biodiversity impacts. The Secretary of State had conceded before Justice Griffiths the assessment under section 40 had not been done when adopting Next Steps in 2020. It was a rearguard action that had significant implications for the case when it was finally before the Court of Appeal this July.

Ms. Brown is DEFRA’s Veterinary Head for TB Policy Advice. She told the Court in her witness statement that following the judgment in the High Court in July 2021, that although Defra had “won” the case, in October 2021, Defra officials nevertheless took steps in case that decision was overturned, and to prepare papers for the Secretary of State, to be signed off in December 2021. This would include the missing s40 assessment of the effects of badger culling on biodiversity. Ms Brown explains that the Defra officials invited the Secretary of State to consider whether to continue with Next Steps badger control policy. A copy of the briefing note to the minister can be found here. Our view of the Minister’s briefing was that it was a wholly inadequate summary of previous information about the risk of badger culling and manifestly failed to fully assess the wider ecological risks.

Ms Brown’s evidence was challenged as being a breach of the duty of candor, given that Ms Brown, and the Government Legal Department who acts for the Secretary of State in legal proceedings, kept these October 2021- December 2021 activities secret both from parties to the case and from the Court, and only declared them once permission to Appeal had been granted in mid-April 2022.

The case for the claimant is made

The question of the Appeal being ‘academic’ (without legal means for ‘relief’: to quash the unlawful original policy, as challenged) was considered as the first stage in the court process. Mr Richard Turney (Landmark Chambers) for the claimant, argued that although relief in respect of the quashing of the badger cull 2020 ‘Next Steps’ policy was no longer available, due to the Secretary of State having latterly remedied any potential omission ‘to have regard’ in December 2021, (Ground 4), an important point of principle remained. This was in respect to the legal requirement to ‘have regard’ under the NERC Act 2006 when making decisions of this sort (Grounds 1 and 2). The claimant was nevertheless entitled to a hearing and if successful, ‘declaratory relief’, this being recognition of the legal error in respect of the generic approach to the issue and the judgement by Mr. Justice Griffiths in August 2021.

Mr. Turney emphasised the importance of the case, that badger culling is highly controversial and possibly the largest intervention ever for protected wild species in the UK. The same duty to ‘conserve biodiversity’ (a central component of obligations under the Convention on Biological Diversity 1992) is now to be taken forward in the 2021 Environment Act. Some parts have yet to come into force, but it is potentially weakened by the original 2021 Griffiths judgement by giving space for provisions to be avoided where uncertainty exisits.  Mr. Justice Griffiths judgement was said to be, in Mr. Turney’s view, ‘stark’:  if the biodiversity duty does not apply in these circumstances, would it apply in any circumstances?

The government responds

Mr. Hanif Mussa QC (Blackstone Chambers) for the government took the court to the government’s ‘no difference’ argument, that it would have done what it did (not take steps to consider, investigate, avoid, monitor, and take action to mitigate potential ecological impacts of badger culling) irrespective of its consideration of the biodiversity duty. He submitted that the claim had to be dismissed because the court no longer had authority to continue. He submitted that the 2021 Environment Act was sufficiently different for the decision not to be that relevant and that there were currently no outstanding cases where the outcome might rest on this case.

He referred to Dr Brown’s witness statement that research into potential impacts would take too long and there was no point studying them over the four years remaining of culling.

Court of Appeal decides not to hear the case.

Within two hours of consideration, the judges came to their conclusion that by reconsidering the matter in December 2021, Defra had corrected any possible error in the Secretary of State’s earlier procedure and therefore any consideration of relief in 2022 was therefore academic.

With respect to the matter being considered on Appeal as exceptional circumstances, the judges did not seem too interested in the issue over whether the subject of the case was part of an ‘ongoing relationship’ between Mr. Langton and Natural England (remedies in the 2017 and 2018 cases proved the long running dispute) although they were ‘aware’ of Natural England’s communications with the claimant.  

Whether the wording of the 2021 Environment Act is sufficiently different to that of the 2006 NERC Act in respect of the Section 40 duty and for there to be a significant concern over the decision affecting future decisions withthe new legislation did not appear to be appreciated as a compelling argument of much interest to the court.  This is where it might be argued most forcefully that the Court of Appeal let things down.

Finally, whether there were other cases waiting to be heard on the point, and to which this Appeal related seemed to be important, and because none were known this appeared to act against the argument for a full hearing so the three judges decided to close the hearing down.

Conclusions

It is disappointing that the Court of Appeal decided not permit the substantive merits of the case to be aired and allowed an important public interest case to be “played” by Defra through the submission of very late evidence that had the effect of rendering the claim ‘academic’, so that the merits were not decided.

For now, there remains doubt over the validity of the main ground in the case as to whether the s40 duty was engaged when Ministers considered Next Steps policy in 2020, and we continue to maintain that the Court of Appeal judges could and should have heard the case given the important legal issue before them.

Defra and Natural England’s conduct since 2013 and during this litigation is worthy of more extended analysis. Those who started off defending doing nothing, and who dug in further when badger culling was rolled out and fought not to take steps and then had to give in a little in 2017 and 2018 doing the minimum possible and in secret. All that behaviour is on the record. There is also a public discussion to be had on the utility of Senior Courts Act when it is used in this way – to remedy clear errors of law after the event, and only in the face of legal challenge, with a claim ‘no difference’ to avoid any consequence.

This repeated approach is against every principle of natural justice.  It also suggests that neglect of, or wilful failure to abide by legal duties and responsibilities is now open to Government departments to employ as a default. Employed on the basis that legal challenges exposing such failures will be precipitated in only a minority of instances, and in such situations, you just remedy the error, claim no difference and can be confident the courts will award no sanction or relief. This disgrace holds all the hallmarks a broken system that can and will be used to limit the expectations that might be had for the 2021 Environment Act.

House of Commons Environmental Audit Committee recommendations

Published just two days later, compare what is being promoted with what happened in this case. In the Environment Act 2021, Parliament agreed five environmental principles which are to guide Ministers and their officials in the formulation of policy. These principles are:

• the principle that environmental protection should be integrated into the making of policies

• the principle of preventative action to avert environmental damage

• the precautionary principle, so far as relating to the environment

• the principle that environmental damage should as a priority be rectified at source

• the polluter pays principle.

Environmental principles of this type are widely used to inform national governments in their approach to environmental policymaking. Reference to them is to be found in several multilateral treaties on the environment, and they are explicitly included in European Union treaties as a foundation of EU environmental law.

After the hearing Claimant Tom Langton commented:

“It is fair to say we have been outmaneuvered by a Ministry intent on culling badgers and ignoring its duty to properly protect the environment from the unmeasured, unmonitored changes that culling may bring about across the wider countryside. The decision not to examine the initial ruling means that our biodiversity crisis has just got deeper, with one of the few statutory requirements to hold back the influence of commercial exploitation on wild species and habitats shown to be both slight and expendable. Many of the basic principles of environmental safeguard have been avoided and this is a bad day both for badgers and biodiversity protection. We will fight on and expose the unscientific and undemocratic actions and attitudes that typify the destruction of our environment and fuel the biodiversity and climate catastrophe.

Environmental impacts expert witness Dominic Woodfield, from Bioscan UK said:

“I believe the refusal to hear the case represents a fundamental failure of jurisdiction, in an instance where any application of logic shows the first instance decision to have been flawed. That failure has been lapped up by Defra and the Government Legal Department, despite their actions since in re-making the decision, demonstrating that they have always known the first instance judgment to be wrong. We went to the court of appeal in the hope of seeing bad law corrected, and if the Court of Appeal are not interested in doing so, one wonders whether the hard work in getting the Environment Act 2021 onto the statute books has been fruitless, even before it has properly come into effect.”

See also here regarding the infamous BTO reports, part of a related ‘broken’ promise by Natural England to monitor badger cull impacts effectively.

Thanks for the huge effort since 2020, to try and bring justice for badgers and their wild communities.

Thanks are extended to the legal team acting for Mr. Langton: Richard Turney and Ben Fullbrook of Landmark Chambers and Lisa Foster and Hannah Norman of Richard Buxton Solicitors, expert witness Dominic Woodfield of Bioscan UK and to all those funding and supporting the legal work as a part of the Badger Crowd. This includes The Badger Trust who helped instigate the legal action against aspects of the ‘Next Steps’ policy in 2020, Badger Trust Sussex for administrative assistance and for managing offline donations, Wild Justice, very many of the badger groups and organisations around the UK, many other animal welfare and conservation bodies and several generous individuals. Hundreds of badger workers and the general public have also chipped in to spread the load. Others have helped with a wide range of supporting actions: research, advice, publicity and coordination. Thank you all.

References

House of Commons 2022. Environmental Audit Committee recommendations on the Government’s draft environmental principles policy statement Third Report of Session 2022–23.

https://committees.parliament.uk/publications/23278/documents/169773/default/       

Record of hearing: Court of Appeal video archive. Search for:  Langton (claimant/appellant) v The Secretary of State for Environment, Food and Rural Affairs (defendant/respondent)

Outcome of the ecological impacts legal case at the Court of Appeal on 26 July

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A detailed account of the legal aspects of what happened last Tuesday 26th is currently being prepared with the help of legal advisors. This is an initial summary of what happened, what it means and where we go from here. The investment of many people in this legal case has been considerable, with a large number of organisations and individuals giving time and resources generously over the last two years. Learning from the outcomes when you don’t win is important and can be valuable, and we will make sure we use the experience to best advantage.

As you may know, the previous cases concerning ecological impacts on designated sites in the High Risk Area in 2017 and 2018 managed to move Natural England to create a system whereby they assessed each designated site for possible outcomes caused by removing badgers and changing the wild community dynamics of species and habitats of international importance. In many cases NE started to impose conditions intended to protect the most strictly biodiversity interests where there had previously been none.  Despite this, and as with other large-scale actions such as the release of huge numbers of game birds for people to shoot, there is a view within Natural England that the impacts of badger culling are low, even if factual evidence for that position is lacking and chronically under-researched. No matter how uncertain the data is in relation to negative effects, the commercial interest in the damaging activity takes precedent. And while the judge in the previous cases chided Natural England for being in breach of their statutory duty, the resulting actions in response have been largely a tick box exercise involving game keeping in shooting areas near nature reserves and a flimsy exercise using volunteer bird watching data held by the British Trust for Ornithology that leaves a lot to be desired (see here). There has been no actual monitoring of change over time in the designated sites, no detailed research (it would cost a lot and is too late now, says government). Basically, Natural England have maintained their position on the back of no proper evidence, that effects are small, and their view is that precautions are barely necessary. They just ride along happily with inadequate resources to do their job thoroughly, and obediently back up their master Defra when questions are asked. The legal challenges have forced them to improve assessments and protective provisions somewhat, but only in relation to protected sites. The latest challenge that began in 2020 and ended in the Court of Appeal on Tuesday, sought to expose and address the illogicality of Defra and NE’s position that there was an agreed need for assessments and protective provisions in and around designated sites, but no such provision in the wider countryside, even dealing with precisely the same species.

So, what went wrong on Tuesday? Well, it started last year when we had the main Judicial Review hearing in July 2021, having waited for over a year to get into court following the 2020 ‘Next Steps’ policy. In August, Mr. Justice Griffiths decided that it was okay for the Secretary of State not to have regard for protection of NERC Act (2006) species and habitats when making the policy. We thought this was plainly wrong and so did many others. Natural England and Defra evidently also thought Mr Justice Griffiths’ decision was vulnerable to being overturned on appeal, and decided on a clandestine plan to cover their backs with some ‘after-the-event’ actions. So, whilst the appeal claim  was being lodged in August 2021, Defra and Natural England were quietly cobbling together a briefing for the Secretary of State (comprised of not very much) to rectify his failure to ‘have regard’ to biodiversity when making the decision to adopt ‘Next Steps’.

This briefing to the Secretary of State on the biodiversity implications of the badger cull (pursuant to the NERC Act 2006 duty) was kept secret, possibly because it was a clear admission that the Government itself also believed that Mr Justice Griffiths had erred when ruling that the biodiversity duty didn’t apply to the impugned Next Steps decision. Not withstanding the recommendations in 2018 (Godfray Review) that further research of biodiversity effects was needed, the duty was thus discharged after the event and in the most cursory manner. Without anyone knowing, without anyone being consulted and without anyone being give the chance to say, hang on, your do-nothing approach is flawed.

Secretary of State George Eustice signed this off behind everyone’s back in December 2021 and the Government then sat on it. They didn’t tell the claimant or the Court of Appeal what they had done. Why not? Because Defra have always liked to play for time and keeping people in the dark is a way of minimising the public interest right to monitor potential government bad practice. In April of this year, the Court of Appeal granted permission for the Appeal case to be heard. Defra then played the card that they had kept up their sleeve. They announced to the court what they had done via a witness statement from Vet Eleanor Brown, deputy head of bovine TB policy at Defra, resting on the Natural England re-hash of the little that is known about ecological impacts of mass-killing healthy badgers. By remaking the decision, Eustice was in effect saying that even if  judge Griffiths did get it wrong, I have considered it now and so I can go ahead and cull this year – you can’t stop me. Your appeal is now of academic interest only because the Appeal judges cannot quash the 2020 policy in front of the 2022 cull season. Defra wrote to the courts wanting the Appeal dismissed before the hearing date that had already been expedited to the end of July.

Of course, this pulled much of the rug from under the legal challenge, and more legal advice was needed. The advice was that there was a chance that the Court of Appeal would still appreciate the trickery that had gone on, and want to correct the legal mistake of Mr. Justice Griffiths and hear the appeal accordingly.  The Court of Appeal admitted the new Defra evidence describing what Defra had done behind everyone’s back on 4th July, set the hearing for 26th July and appointed the three judges.

At the start of the Appeal hearing,  the legitimacy of the request to obtain what is called ‘declaratory relief’  (recognition of the incorrect judgement) would become the first part of the session – simplified to the legal arguments as to whether the case was ‘academic’ or not, i.e. the Griffiths  judgement being determined as wrong, even if the defendant (Defra) isn’t obliged to do anything other than lose and pay costs to the claimant. The judges decided after 90 minutes that they would shut down the case straight away and not hear it. They seemed initially a bit conflicted. We might ask what the point was in holding an Appeal only to shut it down before it happened? This was because the judges decided to take the position on there being no need for the Minister to give relief (remake the policy) because of what he had done behind backs and because of a provision in something called the Senior Courts Act – specifically Section 31(2A). This clause can be used by a defendant (and has been by Defra in the past) to get around legal sanction by claiming that even if an action (decision, policy etc) was done in the wrong way, ‘had I done it in the right way I would still have made the same decision’. This is a sort of ‘get out of jail free’ card, but this is no game. It is governments way of getting away with malpractice and is another part of the story as to how badger culling will continue as government out-manoeuvres public good by throwing time and money (at public expense) at ways to avoid doing things openly and correctly. They might think they have been clever. But they haven’t, they have been somewhere between devious and deceitful, and it does not make for open government or fairness. It is a will to win, only to win and to back up the government policy at all costs. It is a will not to address legitimate concerns about the erosion of the countryside.

As for the badgers and our wildlife in rural areas – they will continue to be subject to the subtle, unmonitored and unresearched stochastic forces that apply to our fragmented landscapes. They will be buffeted by the unpredictable activities of many land managers whose view of British wildlife is that they are pests to commercial land use, to be constantly depleted to low numbers, even if this displaces and disperses them to greater distance and into unfamiliar areas where they seek to feed and compete with resident animals.

We therefore did not get justice, we were strung out by a combination of a government keen to ‘win dirty’ and a Court of Appeal apparently disinterested in a bad legal decision, the biodiversity crisis and the strength of legislation in the 2006 or 2021 Acts, where duties to biodiversity are enshrined. How easy will it be now where there is uncertainty, a lack of research and need for precautions for someone to say, ‘well, these duties don’t really add up to much, do they?’  So it was a bad day for badgers, a bad day for wildlife and a bad day for public interest.

We must try not to be too downhearted and take the fight back to government in every way possible to stop the failed, pointless, damaging , unscientific, cruel and wasteful badger culls. Huge thanks are extended to our legal team, Richard Turney and Ben Fullbrook of Landmark Chambers and Lisa Foster and Hannah Norman of Richard Buxton solicitors, expert witness Dominic Woodfield and to all those funding and supporting the legal work as a part of the Badger Crowd. This includes The Badger Trust who helped instigate the legal action against aspects of the ‘Next Steps’ policy in 2020, Badger Trust Sussex for administrative assistance and for managing offline donations, Wild Justice, very many of the badger groups and organisations around the UK, many other animal welfare and conservation bodies and several generous individuals. Hundreds of badger workers and the public have also chipped in to spread the load. Others have helped with a wide range of supporting actions: research, advice, publicity, and coordination. Thanks to all turning up in London over the last two weeks to show support for the badger culls to be ended.

What has happened is bad governance at the highest level, but we are used to that these days. We will take the learning and redouble our efforts.

Thank you for your part in this. Further information will follow over the next few days and weeks.

Reactions to George Eustice avoiding fair legal scrutiny

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The deeply disappointing news is that the legal Appeal, granted by the Court of Appeal in April and reopening the judgements in the High Court of Mr Justice Griffiths in 2021, has at the last minute been refused. It would have examined the claim of judicial error over potential ecological impacts of badger culling, and the NERC Act 2006, that the government has worked hard to deny. The case has been blocked, and the impugned decision has been protected by those who brought about the legal problem in the first place and then covered it up.

Having been given a date for the hearing, and arrived in court on Tuesday 26th July in expectation of the case being heard, the legal team were turned away after 90 minutes following representations relating to Defra’s last minute actions. Permission for a full hearing was denied due to legal tricks, prepared in secret over the previous nine months, crafted by Defra and Natural England to prevent matters proceeding.This is rough justice and shows that the government is more interested in ‘playing dirty’ than having an open and honest consideration of the essential duties that it carries out on behalf of the general public for the benefit of the environment.

Be very aware that this is the government that has presided over the worsening biodiversity catastrophe in nature-depleted England over the last decade, manoeuvring to prevent the natural course of justice over an issue of huge importance and uncertainty and ensuring that their ‘do-nothing’ approach is sustained.

A full account of events is being prepared and will be placed on this site in the next few days. But for an immediate reaction, please read Charlie Moores blog post here. Charlie, who many of you will know, runs ‘Off the Leash’ podcasts. He has kindly helped publicise the case, and provided an opportunity for the claimant Tom Langton and his expert witness Dominic Woodfield to discuss the important issues at stake in this latest of legal challenges in a podcast here. He attended the Court on Tuesday to listen to proceedings, met with many of the badger protection folk who turned up outside the court to give support, and his blog gives a heartfelt insight into his experience of the judicial system in action.

We will post more about this case shortly.

A letter to the Prime Minister

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A letter signed by 30 veterinary and environmental professionals has today been sent to the outgoing Prime Minster Boris Johnson and other members of the government calling for an immediate moratorium on badger culling in England. Those signing the letter include the three authors of a recently published peer-reviewed paper (read here) on the efficacy of the badger cull using government data.  

A moratorium would allow time for independent scrutiny to establish the veracity of the independent scientific evidence as well as Defra’s claims, and to consider whether culling should be permanently ended as a result. It would also allow for a re-evaluation of the bovine TB eradication policy based on the latest scientific evidence rather than received wisdom that is decades out of date.

Green Party MP Caroline Lucas said:

“It couldn’t be clearer – badger culling simply doesn’t stop the spread of TB in cattle. Yet even when presented with this evidence, DEFRA has its fingers in its ears, and continues to kill at will. We need to see a moratorium to allow time for independent scrutiny of the evidence – which I have no doubt will reinforce the message that this cruel and counterproductive badger cull must come to an end.”

Tom Langton, the lead author of the independent study said:

“Defra have painted themselves into a ridiculous scientific corner and now simply refuse to discuss it. This is the sign of a government that has lost its grip and cannot accept that its own data now shows badger culling to be a cruel and ineffective failure. It’s Defra’s version of ‘Don’t look up!’.”

Veterinarian Dr Mark Jones, Head of Policy at Born Free and one of the co-authors of the scientific analysis, said:

“Huge numbers of badgers have been killed across vast swathes of the west of England over the past decade, ostensibly to control the spread of TB in cattle. However, in spite of Government claims, evidence that the culls are working is lacking. No further badgers should suffer and die for the sake of this failed policy. It’s time that badger culling was ended.”

The letter can be viewed here. The letter is featured in an article in The Guardian here. 

Badger cull eco-impacts to be heard next week:

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Court of Appeal hearing date has been set for Tuesday July 26th

Next week: Tuesday 26th July, the Court of Appeal in London will reconsider the 2021 Judicial Review finding, in respect of the judgement of Justice Griffiths in the High Court. This is relates to the Secretary of State’s (George Eustice) alleged failure to have regard under the Natural Environment and Rural Communities (NERC) Act 2006 when approving the 2020 ‘Next Steps’ policy to allow badger culling in England to expand.

The original claim, brought by ecologist Tom Langton, and supported by the Badger Crowd Network, was that of a failure of government to adequately consider the potential ecological impacts of mass badger removal upon priority species and habitats across the wider countryside. It argued that there was a deficiency in the government for not taking adequate steps to deal with potential impacts.

Earlier hearings in 2017 and 2018 brought similar claims in respect of ecological impacts upon statutory designated sites of national and international importance. It resulted in the initiation of measures to more properly address potential impacts. Such safeguards are missing away from designated sites.

The Appeal is marked for a one-day hearing with an outcome likely before the commencement of continued intensive badger culling in September 2022.

About that BTO report……

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British Trust for Ornithology (BTO) opens up about its ‘secret’ work for Natural England.

Gavin Siriwardena, a BTO ecologist, has been writing online about his experience of working with Natural England (NE). Please see the third comment below the guest piece by Dominic Woodfield on Mark Avery’s blog here. He writes regarding the prolonged suppression of the release of a BTO scientific report, paid for with public funds, that contained a flawed analysis. He helped prepare this report in 2018, with others, for Natural England. A published version was not released until 2021 when the 2018 version was suddenly labelled as a draft, despite not being cited as such before in official documents used for decision making. This report was a promised outcome of a legal case pointing out lack of attention to ecological protection from the effects of mass-killing badgers on sensitive nature reserves.

Why was the initial 2018 report suppressed? Turns out that yet again, government funded work surrounding bovine TB eradication and badger culling has been cloaked in secrecy and hampered by error. In this case the mistakes were rendered inconsequential, but only because the design of the study was so scant and unconvincing that it made the results ‘low inference’, and the exercise not fit for purpose anyway. Perhaps NE did not want to expose the mistakes, how poor an effort it was, and that they were using it to justify decision making to meet the expectations of a High Court judge. It was, after all, one of their main defences from legal challenge, having promised the court to look carefully at badger cull impacts. However, in exposing these problems the BTO employee has revealed a lot about the situation regarding a further, similar legal case on biodiversity protection that goes to court this month. Here are some of his remarks and some thoughts on those remarks:

“Badgers are a top predator in the UK today and are also ecosystem engineers to some extent. Changes in their numbers are certain to have some effect on some other animals and plants, some of which may be biologically significant. “

Natural England’s previous defence in court was that effects are uncertain, and avoidance or mitigation is in general “ultra-precautionary”.  Not the case now it seems.

“The analyses were limited by scale and context: this was not an experiment and cull areas are likely to have differed systematically in land-use from non-cull areas, added to which sample sizes were small. “

But NE relied on the BTO 2018 report in court. Gavin S acknowledges it is fraught with limitations, yet it remains the only action NE are taking. Disgraceful?

“However, there was a misunderstanding within the project team and a filter for inclusion of species was set at 30 square-year combinations, as opposed to 30 unique squares, and this was reported incorrectly in the report.”

Although NE used this non-peer-reviewed (at the time of use) analysis in their legal case, it contained mistakes that changed conclusions regarding many species.

“I sympathise with the view that policy should not be made on the basis of reports before they have been improved by peer-review, but I also sympathise with policymakers who may not have time to wait for the process to be completed. “

So BTO feels sympathy for policy rested on inconclusive work – not such a good idea to say this really?

“We could only analyse the species for which we had enough data, which inevitable biased the work towards more common species. “

Limitations to the data make the analyses worthless for many of the cohorts of scarcer species for which impacts are most likely to be significant in conservation terms.

“Monitoring therefore remains critical and we will continue to investigate the cull’s effects on birds where we can. “

We are in agreement that a proper monitoring scheme to look specifically at this issue is needed. Despite this, it appears the BTO is planning to repeat their previous dubious exercise with another year’s data, even though it is inherently non-conclusive/low inference by design. Is this just because they are being asked to do so by Natural England and the (taxpayers) money is just too good to refuse?

So, what do we make of all this? A BTO scientist appear to agree with us that there is/was a need to monitor the ecological impacts of badger culling properly. They say they did what they could with low-powered subsets of volunteer data. They admit that they made mistakes in the analyses of these data . Natural England used the error-infected study as evidence in a Judicial Review. A later process of peer review found the mistakes. NE and BTO declined to release the original report to their supporters and interested parties, or to confirm what they were doing with the BTO data. The report was submitted for publication as a peer reviewed paper but rejected on the grounds that the science was weak. They submit the report to BTO’s own journal. It is accepted for publication but conveniently not published until it is too late for it to be subject to legal scrutiny.  Pretty stinky?

As others have said, this is not a good look for BTO and is damaging to its reputation for independence, scientific integrity and impartiality.  Do NE, on the other hand, care that much?  What has been said by a BTO scientist in the Mark Avery online comment is useful. Very useful in showing the world how Defra and Natural England find ways to sidestep the necessary ‘due regard’ of the impacts of Government policy on the natural world. To deliver what their political masters want and to pick up the rewards for doing so.

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Christine Middlemiss, Gideon Henderson and the Defra bovine TB data fiasco

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In March 2022 the Chief Veterinary Officer (CVO) Christine Middlemiss & Chief Scientific Advisor (CSA) Gideon Henderson joined Defra Media Centre in attacking a peer-reviewed, freshly published scientific paper on bovine TB control (Langton et al.), stating that they thought it was flawed, and had ‘inappropriate’ analysis, see here.

The graph the CVO & CSA produced (top right) looked odd, and the authors of the original paper immediately suspected an error in the data, and wrote to Defra with an enquiry to this effect.  In addition, much of their written rebuttal seemed invalid. Further, the CVO wrote a personal blog highlighting her criticisms of the new paper. The blog then received a number of posted comments from external observers and academics which reiterated the papers’ authors’ concerns about potential errors in Defra’s analysis and incorrect conclusions. A response to the CVO & CSA from the authors of the paper was printed in Vet Record on 02 April, see here.

It took more than six weeks before Defra admitted that it had got it wrong and published a new graph of data (above, bottom right). But they maintained that this did not change their overall conclusions about the new paper; basically that it was ‘wrong’. They did not respond to the rebuttal arguments that the authors put forward in the 02 April issue of the journal Veterinary Record. On this there is still strange silence.

The authors of the paper had a further letter published in Vet Record on May 21st responding to Defra’s admission of data errors and their replacement graph. You can read this here. 

This week, CVO Christine Middlemiss made a small adjustment to her blog, but did not change her faulty graph. She added some wording to the following paragraph (in bold).

“Our analysis indicates a clear reduction in OTFw cattle breakdowns, relative to unculled areas, in culled areas from cull year 2 onwards (Fig 1). For example, TB incidence in the areas where culling started in 2016 has dropped from 17.2 OTFw breakdowns per 100 herd years at risk in 2016/17, to 8.7 in 2019/20.

Similarly in the areas where culling started in 2017 it has dropped from 15.3 in 2017/18 to 8.4 in 2019/20.

In contrast, in the parts of the high-risk area (HRA) where no culling took place, incidence has only fluctuated slightly from year to year, from 10.9 in 2015/16 rising to 12.8 in 2016/17 before returning to 10.9 in 2019/20.”


It is a shame that the CVO does not seem to have grasped that the first bar in the graph represents the first year data after culling and not pre-cull incidence. Incidence levels before culling began are missed off, and these better shows the pattern of change in the first two years that they focus on.

The CVO & CSA’s main criticism of the new paper is that (they imply) bTB does not come down enough in the first two years for those years to be grouped with later years of culling. Looking at their graph, this is clearly not the case and the CVO and CSA’s position is a paradox and nonsense. There is a drop in culled and unculled areas if you examine all the culled and unculled data, and not just a sample of unculled (never-culled) area. The steady decline in incidence, as shown in the Langton, Jones and McGill paper, is attributable to cattle testing and movement control measures. Defra’s attempt to show otherwise falls at the first hurdle. It is something Middlemiss and Henderson seem reluctant to address. It is understood that Defra intend to ignore their own faulty response, and endorse an APHA study at a disease conference in July in Canada as justification to carry on culling in September.

Christine Middlesmiss doubled down on her position in an interview on Farming Today on 26th May (the focus of which was Defra’s badger vaccination licensing scheme), using very strong language and stating that in the Langton, Jones and McGill paper, “the whole methodology was wrong and so the conclusion was wrong.” Again, she claimed that the authors had “not used a robust methodology to examine and assess it and therefore the conclusions are wrong, they’re not scientifically valid.”

This is a bold claim about a rigorously peer reviewed paper in a leading scientific journal, and one that it could be said she should be able to clearly and concisely articulate in a debate, or at least to the authors. It is not good enough for the CVO to just claim, as she did in her interview, that “it is complex“.

Further she said “we believe that culling is effective“, apparently relying on faith rather than understanding of published science. She must be able to explain her reasoning for dismissal of peer reviewed science. She also said that “It’s not absolutely my decision to release it [the data]“, implying political interference? The authors are still waiting for a response to their April invitation to discuss the CVO’s criticism with her.

You can listen to the CVO’s interview on Farming Today, available here.

The CVO & the CSA must look again and accept the findings of the new robust peer-reviewed research. Prevailing science shows the current badger culling policy to have failed, with no detectable impact from it on the incidence of bovine TB in cattle herds in the High Risk Area. The 29 Supplementary Badger Culling licences authorised this Wednesday were issued on the back of a government veterinary service in denial.

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Why Defra’s Badger Vaccination Proposals Risk Perpetuating Further Culling

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Today, the Government has released its plans for a new and simplified licencing system to facilitate badger vaccination. While on the face of it these plans appear to be helpful for those who wish to see an end to the culling of badgers, wildlife campaigners are concerned that they will be used as a smokescreen, to perpetuate further ‘reactive’ culling, and to prevent those who wish to protect badgers from speaking out against the culls.

Indications are that the government aims to allow vaccination in 2 of around 60 areas where badgers will be killed in 2022, with any further areas covering but a small proportion of the designated High Risk Area for bovine TB in cattle in the west of England. There are concerns that there may be restrictions, such as vaccination being promoted only once badger numbers have been decimated, and ‘gagging orders’ placed upon those who sign up to government funding – including that badger protectors would no longer be able to speak out against the badger cull.

The Government’s announcement claims that its badger vaccination plans form part of its long-term strategy to eradicate bovine TB in England by 2038. However, the strategy relies on the assumption that badger culling is working to reduce bovine TB, when current peer-reviewed scientific evidence suggests otherwise.

Government also claims that badger culling is being phased out. The reality is that it continues to be expanded, with 29 supplementary culls authorised yesterday, 25th May. A further ten new intensive badger culling zones are expected to be announced later in the year. The expected kill figure over the next 4 years is up to another 100,000 badgers. The Government wishes to retain the option to continue killing badgers in perpetuity under its proposals for ‘epidemiological culling’ which has, as anticipated also so far failed to reduce bTB herd breakdowns.

There are several reasons why vaccinating badgers might be desirable – principally to prevent bovine TB spilling over from cattle into healthy badger populations and to protect individual badgers from disease. However, there is little evidence to suggest that vaccinating badgers will prevent or reduce bovine TB among cattle – just as with culling, the move to promote the vaccination of badgers is based on the false assumption that badgers are a significant source of TB for cattle, and that badger intervention is necessary to control cattle TB, when the evidence suggests tighter cattle measures are the answer.

There are also good reasons why vaccination of badger populations previously subjected to culling is unlikely to be successful. Badger culling will reduce a population, but there is some evidence that it may increase the prevalence of TB among surviving badgers. Also, surviving badgers may be trap shy making them much more difficult to trap and vaccinate.

Ecologist Tom Langton, one of the authors of a new peer-reviewed study, With vets Mark Jones and Iain McGill has been closely monitoring & challenging government bTB strategy failures, said:

“It is depressing to see the smokescreen approach to Defra’s badger cull policy continuing. There is no evidence that vaccinating badgers, particularly after culling has massacred the population, can hold any benefit to bTB disease eradication in cattle and this was confirmed by the Godfray Review in 2018. Government is trying to normalise badger culling long-term, by initially claiming to the public that it is being phased out, when the plan is to perpetuate the so-called ‘epi-culling’ – the failed reactive culling of old. 

“Failed government tactics could see the killing of thousands of badgers per year to 2038 and beyond. It is a disgusting, unethical slaughter of wildlife. It circumnavigates the legal protection of badgers under The Protection of Badgers Act 1992 and does nothing for farmers or cattle. Badger vaccinators should not be induced to mislead farmers into thinking that badger vaccination is known or expected to help control bovine TB in cattle. This is particularly unwelcome as our recently published, extensively peer-reviewed paper using government data* shows how badger culling intervention has failed to influence bovine TB herd breakdowns during the last decade, with the Chief Vet and Scientific Advisor putting out botched data and flawed argument to try to cover their trail.”

Veterinary surgeon Dr Mark Jones, another author of the recent science paper, said:

“From the lockdowns we have all suffered since 2020, we are all only too aware of the movement restrictions, accurate testing and vaccination that were necessary to control Covid 19. These kinds of measures need to be rigorously applied to cattle if bovine TB is to be successfully brought under control. Our recent peer-reviewed research clearly demonstrates that culling badgers is not reducing bovine TB among cattle herds, and while there may be good reasons to vaccinate badgers, it’s highly unlikely that badger vaccination will help control TB in cattle, and the promotion of badger vaccination continues to frame badgers as the culprit. This badger blame game needs to end.”

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It must surely be time to kill the badger cull?

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A new article for BBC Wildlife Magazine by James Fair takes a look at newly published peer reviewed research that concludes that the badger cull isn’t working. It’s worth a read because it puts the new analysis into the context of the historical background of bTB and the previous analyses of the results of badger culling.

It is of note that the conclusions of the Independent Scientific Group (ISG) in 2007 are mirrored by the conclusions of the latest study;

ISG: “After careful consideration of all the RBCT and other data, including an economic assessment, we conclude that badger culling cannot meaningfully contribute to the future control of cattle TB in Britain,”

And

Langton, Jones and McGill 2022: “This examination of government data obtained over a wide area and a long time period failed to identify a meaningful effect of badger culling on bTB in English cattle herds.”

Despite this confirmation of the expected & predictable results of nine years of badger culling, Defra (Chief Vet & Chief Scientific Adviser) have kicked back strongly with accusations of partiality on the part of the authors. This is somewhat ironic as (nearly) all published English bovine TB science to-date has been published by Defra or their funded contractors. Commentary on the paper via the Science Media Centre was supplied by two recipients of Defra contracts who are or have been heavily engaged in bTB policy.

The paper’s authors are still waiting for a reply to their request for an explanation of how Defra manipulated data in their un-peer reviewed rebuttal analysis letter, published in Vet Record, which claims to show culling does reduce bTB in cattle.

You can read James Fair’s article here, and Langton, Jones and McGill (2022) here.

New Study: Badger culling is a national failure and must stop immediately

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A new scientific paper published in Veterinary Record today 18th March 2022 analyses government data on bovine tuberculosis (bTB) collected by farmers and vets for a decade. It has been made available on open access here. A short video summarising the findings of the paper is available here.

It is quite a lengthy paper, and although much of the presentation is straightforward, the statistical parts in particular are highly specialised. We’ve put together a short summary of the papers’ findings, to show what is most important.

There are two main findings. The first is really good news for farmers, cows and badgers. Data suggests that the cattle-based measures implemented from 2010, and particularly the introduction of the annual tuberculin skin (SICCT) test are responsible for the slowing, levelling peaking and decrease in bovine TB in cattle in the High Risk Area (HRA) of England during the study period, all well before badger culling was rolled out in 2016.

Tuberculin skin tests have decreased bovine TB by around 6% per year in the High Risk Area since 2015, arrows depict start of badger culling

Cattle-based measures also include other controls and measures such as improved hygiene and the use of interferon-gamma testing as a supplement. The downside of the SICCT test however is that it has a relatively low sensitivity; this means it can miss up to 50% of true positive cases. One in seven ‘cleared‘ cattle herds, is not free from bTB, perpetuating the crisis as they are traded and infect new herds. In other words, testing and movement controls need to be further improved to root out the undetected reservoir of disease that remains hidden and undiagnosed in cattle. Cattle measures have brought bTB down by 33% over the last five years and should continue to cause a drop in rates. Declines will slow and stop however as they have in Republic of Ireland without tighter controls and use of new generation testing, as with the ‘Gatcombe’. protocol,

The second finding came from a look at the amount of cattle bTB in areas that had undergone a badger cull and compared it with the amount of disease in areas that had not had culling. This was done over a six year period 2013-2019, so before and after culling was rolled out. Multiple statistical models checked the data on herd breakdowns over time and failed to find any association between badger culling and either the incidence or prevalence of bovine TB in cattle herds. Badger culling efforts appear to be to no effect.

Results showed that that heavily culled counties, culled for longer, had similar disease change patterns to counties culled for just a year or two more recently. Breakdowns peaked on average in 2015, with reductions thereafter. As previously stated, this is well before the badger culls were rolled out in 2016. The analyses do not provide any evidence for the efficacy of badger culling as a bTB control intervention. The results are consistent with predictions by the earlier scientific reference study (RBCT) that badger culling can make no meaningful contribution to the control of bTB in cattle.

Wildlife, farmer money and effort all wasted by the badger culling since 2013

Further, although Defra keep the data based on each badger cull area secret for reasons that are not in the public interest, and in defiance of multiple rulings by the Information Commission, they do claim to have additional data that may be of use in analysis. This may include the number of badgers for which money has been claimed in each cull area.

It is strange that since the legal cases in 2018 when Defra pleaded to the effect that they would ‘adapt (their policy) and learn’, no learning in the form of reporting has been published, which defies legitimate expectations. Is this because their data says badger culling is working? It seems highly unlikely. It seems more likely that it suggests it is not working, which may be why nothing credible has been said about the four years of data since the report on 2013-2017.

Badger Crowd understands that letters will be sent to the government asking them to explain the scientific reasoning behind the decision to phase down Intensive ( 70 %) badger culling in favour of ‘Epi’ (100%) badger culling. Also, asking them to bring the cruel ineffective £100 million badger culls to an immediate and complete end this year as they should have done based on the data and views exchanged with them in March 2021 that were dismissed to allow the killing of an estimated 50,000 badgers last year.

The Badger Vaccination Trap and the Geronimo Effect

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When the March 2020 “Next Steps” Bovine TB policy was released, there was a rumour from inside DEFRA HQ, that its senior officials were secretly in despair. This related to compromises over its content, and the prospects to implement it in the years to come.

The policy was considered by many to be, ‘something for all, but nothing for anybody’. It would require substantial increased public funding to initiate. But it was not, with bTB still spreading, the planned tailing-off of the ruinous public funding poured into this festering agri-crisis over the passing decade.

“Next Steps” formed new mountains to climb, engaging the industry with more regulation: tighter cattle testing and movement controls, and with badger and cattle vaccination. A triple-finance whammy that the 2018 Godfray Review had hinted at. To have legs, it required stakeholder acceptance of just how bad the tuberculin skin (SICCT) test sensitivity really has been, and why ‘TB-Free’ status, after a breakdown is very  often untrue, allowing bTB to perpetuate within the High Risk and Edge Areas and to spread further to the east and north via cattle sales. Further, it required their resetting of farmer-psyche to help badgers, the animal they have been told and taught to eradicate, as vermin.

Influence from No.10?

The Prime Ministers interest in Bovine TB, beyond stalling the first Derbyshire cull for a year in 2019, has recently re-emerged. Rather off-message however, regarding the bTB threat in milk to humans, yet perhaps more visibly concerned with the claims of DEFRA, APHA and the Chief Vet’s bungling, in the ‘tough one’ case of Geronimo the alpaca. BTB is going to get fixed, Johnson promises.

Pressure from ‘high up’, had it seemed reawakened the badger and cattle vaccination policy options that rather looked like ‘window dressing’ in early plans back in 2011. Yet officials had just managed to maneuver them in, in 2020, but still to be largely ‘down the line’. To bite financially in a new Parliament. For now, work included a few modestly scaled badger vaccination ‘trials’ and a further look at the doomed immune-based ‘DIVA’ test (See here). Both are the epidemiological equivalents of fiddling while Rome burns. The disease is now so widespread that only mass cattle vaccination can possibly turn the tide.

DEFRA sleight of hand

The main DEFRA challenge in 2020, was how to present a policy moving from ‘proactive’, intensive, mass badger culling, to multiple small-scale farmer-lead ‘reactive-style’ intensive culling, but with minimum outcry. This was somehow miraculously achieved, with a press briefing claiming badger culling was being ‘banned’ or ‘phased out’. This was embraced by those who had not read the small print and who seemed unaware of the ‘epi-culling’ monster described within. Trialled in Cumbria since 2018, the flawed APHA ‘epi-culling’ (see here) approach kills 100% of badgers in a poorly badged ‘Minimum Intervention Area’, and most of them in a surrounding ‘buffer’ area, before trying to vaccinate the survivors left. The Cumbria ‘epi-cull’ has been a total flop, as breakdowns rose again in 2020, sinking the APHA showboat.

Figure 1. All breakdowns in the East Cumbria cull area per 6 month period, showing commencement of enhanced cattle controls and the period with mass badgers culling with a small amount of badger vaccination from 2020.

Derbyshire: a stinging rebuke of APHA ‘Risk Pathways’ approach

As it happens, after 2022, Defra will be running out of large areas of West and Central England to mass-kill badgers. So, it wants to switch to smaller badger killing areas both inside and beyond the High Risk Area, and a future approach that is simpler and cheaper to operate. For this, the Animal and Plant Health Agency (APHA) has been promoting a ‘Risk Pathway’ approach, to try to ascribe badgers as the cause of many or most of the bTB herd breakdowns in, for example Derbyshire. However, the capable Derbyshire conservation folks have veterinary expertise and were onto it with a stinging rebuke of the claim that 77% of bTB in that county is down to badgers (see here).

The original bTB policy promises to undertake badger vaccination, related then to the need to help navigate culling around the national and local Wildlife Trusts, which it did successfully. And what looked like a contrived difficulty in accessing BCG vaccine for badgers in 2015, only lasted a couple of years once, under pressure, Minister George Eustice allowed the switch to a new vaccine brand supplier. Defra had decided that they could not afford to fund badger vaccination or would only fund it on a small scale, with preference for places where badger numbers had been largely culled-out. The cost and feasibility of vaccinating badgers on a large scale was probably never really factored-in at the start, and as the bTB problem has spread, the cost of doing so has escalated.

More badger meddling: a nasty rural conflict with yet more unknowns and complexity

Badger vaccination, like badger culling, holds several important technical uncertainties. The science suggests it reduces the probability of a given badger being infectious. However, as with badger culling, there is no direct evidence that it can help reduce bTB cattle herd breakdowns. The wisdom of doubling the number of uncertain interventions (see here) in tackling bTB in cattle was not lost on Defra. The approach just gives the nasty rural conflict yet more unknowns and complexity. More expense without evidence-base or any credible efficacy monitoring system.

Defra promises to the Bern Convention and a new BTB Partnership

A few weeks ago, government began to reveal what its badger vaccination plans are. Firstly, in a letter to the Bureau of the Bern Convention (see here). While repeating the falsehood of intensive badger culling being phased out, it stated that it would carry out a badger vaccination feasibility trial on ‘unculled’ farmland in a corner (7%) of Sussex, for five years.

A further commitment to train 30 vaccinators (10 a year) from 2022, to cover 2,600 sq km by 2024 was confirmed to the Bern Convention. This is partly it seems, as a replacement for a further five years of ‘supplementary badger culling’ (SBC) for 4-yr culls ending in a few years’ time. SBC is the method fiercely opposed through the High Court in recent years, that the government has pledged to closely report upon, has hidden the results of, and will terminate in January 2026.

In relation to government planning ahead, secrecy appears to surround the new ‘Bovine TB Partnership’ made up largely of farming stakeholders, the voting majority of which clearly want to see badgers culled (see here). 

Defra have flagged to the partnership the ‘mountains to climb’ problems (including little money allocated), but they are apparently trying to get the ever-biddable, National Trust to front it. An online Badger Vaccination Conference this summer was shelved and APHA sent away to try do the impossible – find evidence of badger vaccination reducing bTB herd breakdowns.

A bTB ‘cordone sanitaire’ for the Edge Area

DEFRA do still seem to be hanging onto the old ‘cordon sanitaire’ concept for the Edge Area and this may also be a target for the 2,600 sq km capacity by 2024 target. The ‘cordone’ keeps moving back, like an army in retreat, due to infected cattle movements. And it is not much of a ‘cordone’ when unidentified infected cows are being transported by road into and beyond it, with regularity.

APHA has a new mapping procedure that produces their view of where badgers have or have not been infected by cattle. The grey hexagons on their map, they estimate, are bTB free and may be the kind of area for the ‘Sussex’ approach, but what status will they have in five years’ time? In truth, getting vaccination going in the key battleground counties including Cheshire, Derbyshire, Leicestershire, Oxfordshire, Buckinghamshire, Berkshire, and Hampshire would require a ‘cordone army’ of 1000 people and a £12 Million annual budget, just to get off the ground. The cull areas, if not left alone, will need twice or more effort with a bill of £100 Million by 2030. DEFRA’s value for money accounting ‘wonks’ have little hard reference. Like badger culling, there are no measurable benefits to bank. External advice suggest that cattle vaccination will be ruinously expensive too. Which civil servant wants to front these initiatives moving forwards?

The scale of badger vaccination currently described is just a pinprick compared to the military style moblisation of gunmen to shoot badgers since 2013. Further, badger vaccination licence applications are now being discouraged by Natural England in the bTB Low Risk area e.g. in Essex and Herts & Middlesex. This is a significant change to allowing badger vaccination to protect badgers on public and private nature reserves, and other places under threat from diseased cattle in the fields next door.

Defra seems largely to want to vaccinate badgers as a part of a ‘cordone’ and once badgers have been decimated after four years. Not for it to be used proactively to protect badgers which is its only current ethical and scientific application.

Badger vaccination is now being manipulated into being the speculative exit strategy following mass destruction of badger clans. But this year, just a handful of new farms, in a 25 sq km area have been started up, in an area (believed to be in Cheshire) where a new project is pushing the government beliefs. Signing up to badger vaccination is a whole new ball game for those wanting to help badgers. The concern is that in doing so, a system is created where the price of vaccinating badgers is the killing of badgers before-hand or elsewhere, both now and forever, and while the disease in cattle continues.

Vaccination groups and Wildlife Trusts are already speaking out (see here) and seeking much better operational terms that those offered by Natural England, who seem to view the regular shooting of vaccinated badgers as inevitable and acceptable. BBOWT, the Wildlife Trust of Berkshire, Buckinghamshire and Oxfordshire are urging government to develop and deliver a proper badger vaccination strategy, and not secretively and at the current snail pace.

The Geronimo effect

Finally, it is hard not to relate the mishandling of bTB policy in England by DEFRA, over the last decade, including badger culling and vaccination, to the events of recent weeks. The way in which an alpaca breeder Helen MacDonald and her alpaca Geronimo have been dealt with by Defra. The enforced euthanasia and post-mortem of Geronimo, suggesting, in this instance (subject to culturing of tissues) false-positive Enferplex testing, is a very public display of both the inflexibility of government veterinary services and the external pressure of industry bodies, forming and evolving a failing policy.

It is a reminder of why and how on a much greater scale, bovine TB testing and movement control has gone wrong over the last twenty years or more in Britain and Ireland. If Prime Minister Johnson is going to fix the Bovine TB issues in England, then he needs to put a new policy in place with the funding to make it happen. He needs to stop Defra doing ill-advised things that don’t’ work and to kick out those whose actions have made bTB worse in England. Those who have placated commercial interest and allowed vested and biased veterinary inputs to dominate animal welfare and environmental considerations.

Badger vaccination is not a valid exit strategy for badger culling. Badger vaccination should not become a fig-leaf of respectability for a culling policy that just seeks to carry on culling badgers forever.

Vaccinators need to be extremely careful of what they are endorsing or signing up to and how actions in a local area risk complementing and sustaining the routine killing of badgers to 2038 and beyond elsewhere.

Vaccinators should avoid:

  • Advice that badger vaccination, with epi-culling is a viable way to overcome bovine TB in cattle.

  • Advice not to support or fund legal action against badger culling in order to qualify for government badger vaccination contracts.

  • Offers of funding and staff posts for ‘buying in’ to the government’s ‘epi- culling’/vaccination plans.

  • Vaccination contracts with non-disclosure clauses, requiring vaccinators to;
  • Be silent on cruelty and opposition to badger culling.
  • Share sett data with cull companies.
  • Accept that vaccinated badgers may be shot occasionally or even routinely.
  • Suggest or imply to farmers that badger vaccination may help reduce bTB in cows when this is not known.