Natural England keep supplementary culling, despite Gloucestershire bTB spike

Yesterday was a surprising day. In the morning lawyers for the claimant received a letter from Natural England, here, saying they had not yet decided whether to re-authorise the supplementary badger cull licenses in 2019. They claimed that “the representations made in your letter regarding the effectiveness of supplementary culling may be considered by the decision maker in the context of the re-authorisation decision.” They said that “ judicial review is therefore premature and we invite you to await our further correspondence on this issue.”

We didn’t have long to wait. Just a few hours later, we received a letter from Defra with news that the cull licenses had been authorised, coming into effect immediately with letters of authorisation from Natural England placed on the Defra web pages dated 12th June. Word from the field comes that pre-cull activities started earlier in the week so when was the decision to issue actually made?

At the bottom of their letter Natural England said “…Natural England does not accept the allegation in your letter that it acts “under dictation” from DEFRA.”

Events suggest that the first letter was written at the same time the decision to issue the licences was made. What should we make of these two letters? Does it look like two separate hands on the wheel?

This morning a response was made by the Government Legal Department to the claimant’s pre-action letter regarding a request for supplementary badger culling to be suspended. More on this later.

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Supplementary culling licences – update

Hours after receiving this letter from Natural England, comes  a letter from Defra saying that the supplementary culling licences have been authorised in Gloucestershire and Somerset.

So it appears that the challenge to the supplementary culling licences was not premature after all?

What is going on at Natural England?  

Natural England’s new authorisations allow the killing of up to 540 badgers in Gloucestershire Pilot Area 1 and 578 in Somerset Pilot Area 2.

Supplentary culling licences

Yesterday the claimants legal team received an email from Natural England’s solicitor in response to the pre-action letter. The letter says that Natural England have not yet made a decision on whether to re-authorise the supplementary badger cull licences for Areas 1 and 2  (Gloucs and Somerset) in 2019. Presumably the same applies to Area 3. (Dorset) which has had 4 years of culling and is now a candidate for supplementary culling. NE says that ‘’representations made in your letter regarding the effectiveness of supplementary culling may be considered by the decision maker in the context of the re-authorisation decision.”

This doesn’t sound like much of a concession yet, but at least Natural England are actively considering new information and evidence. NE know that their licensing decisions are being carefully scrutinised, and they know that the science is uncertain.

Please help to continue the calls for more openness on environmental information, data and the decision-making processes of badger cull licensing, and to highlight the lack of evidence for the policy as a whole.

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Another magnificent contribution

Badger Crowd is delighted to report that the fantastic trustees of Badger Trust Sussex have yet again made an extremely generous donation to the legal fighting fund. This is great news for our fundraising efforts, and further compounds our determination to continue to judicially defend the badger against bad decision making and procedure. Thanks go out to the BTS trustees and volunteers who have been at the forefront of making this possible.

With just six weeks to go we still need a considerable sum to cover essential costs, and we hope that BTS’s donation inspires other groups and individuals to join us! We are indebted to all our generous donors, and continue to work towards fully funding our cases. Together we are stronger. Together we strive to bring #justiceforbadgers.

To contribute towards our legal funds you can donate through our Just Giving appeal here.

Licensing Question: whose job to monitor the Predators and Prey?

An article in the Farmers Guardian here (17.05.19) reports on certain conditions which Natural England are attaching to this year’s badger cull licenses as a result of legal challenges. The action in 2018 relating to 2017 licences was against Natural England’s omission of  proper process in scrutiny of potential ecological impacts and did not particularise the method or manner of scrutiny or gathering of essential information beyond the normal accepted confines of the licensing system.

Although dispute resolution talks have being held with Natural England over the last few months, the detail and nature of the new licensing requests on predators and prey to cull companies have not been discussed. They are nevertheless consistent with the Natural England internal guidance developed last autumn.  It would seem that the cull companies have been contacted regarding the normal requirements  necessary to ensure that the Carnivore Release Effect (CRE)  resulting from the 70%+ removal of badger populations can be recorded, with emphasis on, but by no means limited to both breeding bird and fox numbers.

Referring to a condition requiring the monitoring of fox numbers, Tom Rabbetts, head of TB delivery at the NFU is quoted as saying “When the cull companies were set up, this was certainly not a requirement. They have not recorded this data and they do not have access to every person controlling foxes in the area.”

He also questioned why cull companies were being forced to carry out the work when fox control was not part of their remit and NE has responsibility for collating data on wild bird populations. Normally in activities that cause or may cause impacts to SSSIs and European sites and species, the applicant is responsible as standard, both for provision of baseline information and for carrying out avoidance, mitigation or compensation activity.

This would include the monitoring of the effects of badger culling on breeding birds, roosting birds, butterflies, small mammals, other invertebrates and habitats that could be influenced by sudden reduction in higher trophic species, either immediately, or over a period of time for more subtle changes. The Badger Crowd believes that the ecological consequences of the removal of badgers could potentially be enormous, and thus far have not been measured.

New Natural England ‘Guidance on evaluating the ecological consequences of badger culling on European Sites’ here, issued within weeks of the judgement on the Judicial Review in 2018, suggests that the ‘trophic cascade’ effect from badger culling may potentially result in a requirement to control the number of other carnivorous species, including stoats, weasels and even hedgehogs. The Badger Crowd believes this is correct recognition of the huge potential impact of badger culling on wildlife sites of national and international importance and the countryside in general. Such impacts need investigating as a requirement of statute and must be taken as seriously as any other threat, such as road building.

Badger Crowd is seeking solutions to bovine tuberculosis for farmers and wildlife. We believe that badger culling is not an acceptable or effective solution and that impacts upon the environment are just one of the major issues that act against the interest of the countryside, taxpayers and farmers. It distracts from the real needs for better cattle testing regimes (including a halt to the misuse of and over-reliance upon the SICCT test) and the stopping of daily transportation of diseased stock around England. Immediate reform of poor veterinary advice and a compensation culture resting on public funds that further accentuates the problem is urgently needed.

Natural England ‘don’t have a clue’ as NFU rejects data gathering.

In an article by Rachel Salvidge, published by the ENDs Report on 13 May here,  Sir Geoffrey Clifton-Brown, MP for the Cotswolds is reported to have said the idea that the badger cull increases fox numbers is “flawed” . Cull companies were being asked for data that they “don’t have because they hadn’t been asked to collect it”. He is quoted as saying that for the badger cullers: “it’s an absolute nightmare… the hoops they have to go through,” and that the demand is “another example of Natural England not having a clue about what goes on on the ground”.

In a statement, the NFU said: “We feel that any area that accepts a licence condition to undertake the control of foxes would not be in a position to do so. As a limited company they are not set up to undertake these actions and are not technically in a position to enforce it.”

Clifton-Brown describe the side effects of badger culling as a “ploy by conservationists to stop the cull”, adding that “people’s livelihoods are at stake.”

 

Another generous donation….

The Badger Crowd had a major fundraising boost  this morning with a generous £5000 donation from a past donor. Now with permission to appeal aspects of last year’s cases, and Court dates of 2/3 July, we have a vital (and possibly last) opportunity to oppose the Secretary of State’s approval of Supplementary Badger Culling and Natural England’s dubious approach to eco-impact assessment. Find out more about other our other current and potential challenges by reading ‘Our Legal Cases’. Please take action and donate now if you can. Tell your neighbours, friends and family. We must make every effort to stem the tide of blood that is the unethical, unscientific failed English badger cull, based on flawed epidemiology.

THANK YOU TO ALL THE GENEROUS DONORS IN RECENT WEEKS. YOU ARE PART OF THE BADGER ARMY.

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