Murky dealings in England and NI, and why ineffective badger culling continues

If it had been known last Christmas that a Labour government would be in power by July of this year, an imminent end of the cull would have been anticipated. With a public inquiry set up into how the killing of 230,000 badgers could ever have been allowed to happen. The science supporting culling has continued to become increasingly uncertain and is now close to breaking point (here) with many learned institutions poised to be shaken over one of the more serious biological  revelations for  a generation.

Labour had pledged that it would  end the cull, even put  a statement in their manifesto that labelled badger culling ‘ineffective’ to send the message to voters. Surely it would end immediately, as ineffective = unlawful to continue. Voters must have had that in mind when they voted. 

Unfortunately, that is not the way things went. True, the plan that would otherwise have moved forward for ‘targeted‘ or ‘epidemiological’ culling was well and truly scrapped (here). But incredibly Defra and Natural England hung on by their fingertips to the increasingly frail scientific justification for the ‘model’ that is the Cumbria Area 32/Hotspot 21 ‘Low Risk Area’ 100% cull. They have added a new cull area next door to its failed exemplar (here). This is to continue until 2027 at least and, just possibly, more areas could be added, potentially  lasting until the end of this Parliament (2029). ‘Intensive’ and ‘Supplementary’ culling remain in place this year and next.

In Cumbria, the area north of the old cull area has been infected with bTB. Why? Because trading of infected stock continues from infected herds incorrectly declared TB-Free nearby, and cattle testing is only done every four years. Which is truly crazy so close to the original hotspot. Farms within 15 Km of hotspots sharing grazing or exchanging stock should quite obviously be on annual or more frequent testing. The breakdown investigation rules actually favour a cluster developing. APHA assumes the recorded breakdown is the index case, not a nearby farm, and allows 30 days for farms within 3.0 Km radius of the breakdown to sell off stock before radial testing begins. It’s a neglectful recipe for creating a TB cluster. It is one of the things Reed and  Zeichner needed to fix in Week 1, and civil servants should have told them so.

Why has  ineffectual TB management perpetuated – why is the new broom still in the cupboard? Apparently, around a year ago, with Labour uncertain of winning a big electoral majority, Steve Reed then the Shadow Secretary of State for Environment, Food and Rural Affairs, gave assurances to the NFU that ‘some’ badger culling would be allowed to continue.  He did this without a good knowledge of the issue, and apparently without the knowledge of Party researchers. It was a sleazy back door deal for political support in 2024.

Over the last four weeks or so in September, badger blood mixed with persistent rain, as around 10,000 badgers were needlessly shot, often inhumanely. More will die this month at an average rate of 300 a day. Another 10,000 or so badgers are to be killed next year, and an unspecified, smaller number will be killed in 2027 until 2029, because Steve Reed made a pre-election commitment to keep culling going – without understanding the real disease control needs – for political gain.

But we have seen this before. In Northern Ireland in 2021 the Ulster Farmers Union had a similar commitment to ‘wildlife intervention’ (i.e. badger culling) from the ‘top’ in DAERA that they were impatient to see brought forward (Case 2021 here). This was done by suggesting that there was a need (unevidenced scientifically) for badger culling to accompany better cattle testing. Dodgy deals behind people’s backs, for political gain, and irrespective of the cost to the  taxpayer. It has to stop.

 

Gloucs Pilot Badger Cull Area no. 1: Farms Still Swamped With Bovine TB

The figures speaks for themselves. Herd BTB breakdowns in the very first cull area in Gloucestershire have changed little since 2013, after nine years of persistent badger culling.

With a downward trend in ‘confirmed’ (OTFW) breakdowns prior to the start of culling, data is consistent with benefits from continued enhanced cattle controls hitting the limits of their effectiveness. But the poor sensitivity of the skin test has retained diseased cattle less responsive to the SICCT and gamma test, and kept the area as diseased as it was at the start. Elsewhere in  Gloucestershire it’s a similar story. A humiliating moment for Defra and APHA, who know that badger culling is ineffective and that the BTB testing procedures need a revolution, much as they do in Republic of Ireland. There is a dire need to drill down on the disease, especially in the larger dairy herds. Without this £Millions of taxpayer and farmers money will be wasted each week chasing impossible outcomes.

Area 1-Gloucestershire has seen a large percentage rise in number of cattle (up by 20% or 4,124), despite the number of herds decreasing by 13. It is well known that disease rises as herds get larger, so why are the public being asked to support a process that is making things worse? And who is going to step up to resolve the crisis?

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.

 

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.

 

More or less? Truth, life and 56%

August 2024

In life generally people crave the truth, learn from the truth and act on the truth. Truth is the universal source for learning, where trust develops, and where solutions to tackle the myriad of challenges that life throws at us are fostered.

Yet, we all know that absolute truth is a fickle thing. As time passes, new insights evolve, things change. Gradually we may find that what we thought we knew is conditional on certain things, right only some of the time, or even wrong for a clever reason.

So care is needed, especially with the big decisions where large amounts of money, time and effort are employed to address a particular issue or problem.

Take for example the culling of badgers. A Government expert [1] concluded 20 odd years ago that a very small trial study [2] suggested badgers might spread bTB to cattle, especially if frightened away from the setts where they live, and shooting them would help.

Sounds ridiculous? The entire livestock industry eradication policy in GB and Ireland has been based around ‘badger blame’ for the spread of Bovine tuberculosis among cattle herds for two decades. There has been over £2 Billion of subsequent spending and hundreds of thousands of badgers have been culled around a truth that is now uncomfortable to lose, because so many people have enthusiastically believed and embraced it. They own it, and accepting it is wrong messes badly with what they have said and done over the last 20 years.

The matter came into sharp focus in March of 2024, just weeks before the general election was called, with a Government Agency staff academic paper on badger culling effort [3] in England since 2013. This, followed shortly by a DEFRA Public Consultation [4] aimed at extending badger culling for a decade or more, over further huge areas, but with even fewer constraints on when, where and how.

To the general public this is all a mystery. Surveys show that the public largely think that badger culling ended in 2020 when Government said it was ‘phasing it out’, and the new government’s election manifesto view [5] that it has been ‘ineffective’ means it will stop for good. But actually, in the cold night air, from Cornwall to Cumbria, guns with silencers are steadily slaughtering tens of thousands of badgers each autumn. As harvest 2024 is concluding, the culling is now ramping up yet again.

So what about the truth? Well Steve Barclay MP, the old Defra Minister, one of the few seniors to keep his seat during the Labour landslide, had claimed in an ebullient foreword to the March consultation, that a 56% benefit has been gained after four years of culling badgers down to under 30% of their numbers.

So let’s unpack the truth in that. Firstly, the key time marker in all this is 2016 when the first of ten large cull areas were all up and running and followed by around 60 more at a starting rate of around ten a year. Unfortunately for unpicking science and truth, this was also the time that more intensive cattle testing began ramping up. So telling between the effect of culling and testing is not possible, despite what Barclay claimed.

‘Ah’, say the boffins at the Government Agency for badger culling. ‘But without killing badgers, the cattle tests wouldn’t work so well.’

At this point most people switch off….’ I dunno…suppose it’s possible…I’m not that interested  actually….’ It’s one of those speculation moments that is only so interesting given that the facts and alternatives are beyond the non-specialist’s reach and require weeks of fact-checking. This is indeed a complex issue, even for interested parties to consider.

So where did Barclay’s view come from? Well, back in 2012 the coalition government encouraged an academic paper in 2013 [6] that was timed to support badger culling, and that printed its truth, as a part of the justification for mass badger  culling. The paper said a few things that we now know were right and wrong thanks to good old Captain Hindsight.

Right, was that the old small study had been rendered meaningless by a horrendous Foot and Mouth disease outbreak in 2001 [7] that mucked up the experiment’s need for ‘stable countryside’ to be able to monitor change in three of the ten areas – enough to spoil the results. The hapless NFU encouraged rapid restocking with untested TB infected cattle, firing up the bTB epidemic.

Wrong were the calculations that rested upon a belief that cattle do not give bTB to badgers. It was thought to be TB moving all one-way, from badger to cattle, that Defra believed in those days, something that was always suspicious and that modern studies now show is wrong [8-11].

And questionable too was a theory, to try to make the numbers add up in a way no one has ever explained and that looks implausible. That theoretical infections going from badger to cattle are somehow passed on more rapidly than those originating from cattle. Baffling?

Lost already? Well to make the old small study work, the boffins believed that while around 94% of disease was the result of cattle-cattle infection, around 6% was down to badgers. Unfortunately, wildlife groups have believed and utilized these figures, despite warnings, not realising it is part of a dubious study that blames badgers and the king pin in justifying the badger culls since 2013. The so called ‘onward transfer’ of infection from badger to cattle is akin to a biblical myth with no scientific legs, yet it became the truth that key people in Government believed. It was held up as the science to believe in, forming and promoting the badger cull policy. Most cull objectors had realised this by 2016.

Back to Barclay’s 56% and the boffins new paper in March 2024. Despite elaborate graphics, this was a pretty rough-and-ready analysis, looking at before and after culling and substantial cattle testing improvements in the first few years of application, and attributing the decline in herd TB breakdowns to a combination of badger culling and herd testing. It stated (twice) that it is not possible to say which factor caused the change. Yet in a discussion of the results it also said the results were consistent with effects of badger culling seen during the small study, and studies using the small studies assumptions, and this speculation found itself in the paper summary (abstract) at the front.  This now gives an opportunity for apparent disease benefit to masquerade as fact or truth. Hence Barclay and the National Farmers Union ramped up the rhetoric on ‘Badger Culling Works’, and quoted the 56% benefit as a function of badger culling. Not bTB control – the better description of the mix of things being tried. Without evidence. Sunak picked up the mantle and did the same in a shed with farmers shortly before he lost office at the general election.

But the truth, as pointed out by other senior academics observing, is that these public statements were untruthful. Change might or might not have been assisted by badger culling – the very question the small RBCT study 20 odd years ago was supposed to resolve when it came up with a split answer – it possibly does and it possibly doesn’t. Flip a coin. And the real truth is that badger culling could be having some effect or it might all be down to tougher testing and movement control. Saying badger culling helped from 2013 or was pivotal or a catalyst is a bit like any of the innumerable causation arguments that created problems in science before they were recognized for what they were during the 1960’s [12].  Association is not the same as causation. Would anyone propose that Donald Trump being elected as President in 2016 caused bovine TB to start to fall? Well it happened at the same time, and bTB has come down since………..Or was the fall in TB the result of a general switch to tougher testing?

The problem for truth in this case is that Governments need to make decisions, and where there is uncertainty they need to have a plan. But Government scientists presenting their opinions as fact, for politicians and stakeholders to believe and to repeat, is a deception. A dangerous step and something that needs weeding out by journals employing peer-reviewers. And hopefully not by mournful inquiries years later, charged with working out how it all went wrong. The problem here is that there are few people experienced enough to understand and judge boffin science, and so you find your mate reviewing your work, and you review your mates work, and bad habits develop. Bovine TB science is plentiful and this syndrome sees awkward material published quite often; it provides a good exemplar of the issue called the reproducibility crisis [13]. All the Government scientists need to say is we ‘think’ it might be working because…. that is a long way from saying it ‘is’ – think snake oil salesman. It matters, it matters a lot when lots of lives and money are at stake. It matters because lying to the public is undemocratic and wrong.

So if someone asks you about badger culling, you might just say – ‘well its complicated and I don’t know.‘ But if they pick up a gun to shoot a badger, you might just say ‘hang on – I think you might be breaking the law’. Which requires evidence, and sufficient clarity that mass killing badgers to prevent the spread of bovine TB can be justified. And after 20 years there is no truth to suggest it does, only guesswork. However, cattle testing and movement control has worked in England and Wales without badger culling, so using that proven remedy is justified with some confidence and is an honest approach, if truth be told.

References

1. King, D. 2007 Bovine tuberculosis in cattle and badgers. A report by the Chief Scientific Advisor, Sir David King, to the Secretary of State for Defra on 30 July  2007. 

2. Donnelly, C. A. et al. Positive and negative effects of widespread badger culling on tuberculosis in cattle. Nature 439, 843–846 (2006).

3. Birch, C. P. D. et al. Difference in differences analysis evaluates the effects of the badger control policy on bovine tuberculosis in England. Sci Rep 14, 4849. https://doi.org/10.1038/s41598-024-54062-4 (2024).

4. DEFRA 2024 Bovine TB: Consultation on proposals to evolve badger control policy and introduce additional cattle measures. A consultation exercise contributing to the delivery of the government’s strategy for achieving bovine tuberculosis free status in England..

5. Labour Party manifesto https://labour.org.uk/change/        

6. Donnelly, C. A. & Nouvellet, P. The contribution of badgers to confirmed tuberculosis in cattle in high-incidence areas in England. PLoS Curr. 10, 5 (2013).

7. Private Eye 2001 Special Report. Not The Foot And Mouth Report. London

8. Biek R, O’Hare A, Wright D, Mallon T, McCormick C, Orton RJ, McDowell S, Trewby H, Skuce RA, Kao RR. Whole genome sequencing reveals local transmission patterns of Mycobacterium bovis in sympatric cattle and badger populations. PLoS Pathog. 2012;8(11):e1003008. doi: 10.1371/journal.ppat.1003008. Epub 2012 Nov 29. PMID: 23209404; PMCID: PMC3510252.

9. Crispell J, Benton CH, Balaz D, De Maio N, Ahkmetova A, Allen A, et al. Combining genomics and epidemiology to analyse bi-directional transmission of Mycobacterium bovis in a multi-host system. Elife. 2019;8

10. Akhmetova, A; Guerrero, J; McAdam, P; Salvador, LC; Crispell, J; Lavery, J; Presho, E; Kao, RR; Biek, R; Menzies, F et al. 2021. Genomic epidemiology of Mycobacterium bovis infection in sympatric badger and cattle populations in Northern Ireland. bioRxiv 2021.03.12.435101; doi: https://doi. org/10.1101/2021.03.12.435101

11. van Tonder AJ, Thornton MJ, Conlan AJK, Jolley KA, Goolding L, Mitchell AP, Dale J, Palkopoulou E, Hogarth PJ, Hewinson RG, Wood JLN, Parkhill J. Inferring Mycobacterium bovis transmission between cattle and badgers using isolates from the Randomised Badger Culling Trial. PLoS Pathog. 2021 Nov 29;17(11):e1010075. doi: 10.1371/journal.ppat.1010075. PMID: 34843579; PMCID: PMC8659364.

12. Hill, Austin Bradford. “The Environment and Disease: Association or Causation?.” Proceedings of the Royal Society of Medicine 58 (1965): 295.

13. Baker, Monya, 2016, “1,500 Scientists Lift the Lid on Reproducibility”, Nature, 533(7604): 452–454. doi:10.1038/533452a

 

 

‘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.

New scientific paper shows that the badger cull was never going to work

This website has been reporting on the legal challenges to the badger culling policy and licences, and the science that has supposedly supported it since 2019. Over that time, there have been many jaw-dropping moments; government interference in peer-reviewed science, government scientists getting their data wrong in published letters, Natural England claiming that culling has no effect on ecosystems and then desperately covering their tracks in the courts. The list goes on, and the story that has unfolded remains  truly shocking.

Professor Paul Torgerson, Chair, Veterinary Epidemiology, University of Zurich

But an even more dramatic sequel to this long-running saga is the new scientific paper published this week in Scientific Reports by Professor Paul Torgerson and colleagues including Badger Crowd’s Tom Langton. We will be posting a video presentation that will put this new work into context and demonstrate the massive impact that it should now have on Government bovine TB policy.

Why is this new study so important?

Because the government badger cull policy rests all but entirely on the conclusions from the Randomised Badger Culling Trial (RBCT). It is the science that DEFRA has used in court to defend their decisions to experiment with culling. The study is the original  peer-reviewed science that claims badger culling can reduce bTB in cattle; many subsequent studies are derivative from it, use the same flawed methodology, or suffer heavily from confirmation bias. I.e. they are subjective opinion that fails to prove that culling badgers causes disease reduction. However, benefits are claimed from culling when any benefits are, in reality likely from cattle measures. This is because such benefits are “predicted” from the results of the RBCT.

What does the new study say?

The new study re-examines data from the RBCT experiment using a range of statistical models. It concludes that most standard analytical options did not show any evidence to support an effect of badger culling on bovine TB in cattle. The statistical model selected for use in the original study in 2006 was one of the few models that did show an effect from badger culling. However, various criteria suggest that the original model was not an optimal model compared to other analytical options then available. The most likely explanation for the difference in result from the different analyses is that the RBCT proactive cull analysis ‘overfitted’ the data and used a non-standard method to control for disease exposure. The result is that the original model had a poor predictive value, i.e. it was not useful in predicting the results of badger culling. The more appropriate models in the latest study strongly suggest that badger culling does not bring about the disease reduction reported.

How might the RBCT scientists defend their decisions?

  1. The RBCT was a pre-planned analysis i.e. data was analysed in the way they said it would be before they started the trial, so it can’t be questioned.  This is not the case. There was a loosely described plan to compare rates of disease between culled and unculled areas. Their published analysis in fact compared counts of disease between culled and unculled areas. Would the conclusion of the RBCT analysis have been different  if incidence rates had been analysed correctly? Yes it would. Even if the data had been analysed according to any ‘pre-plan’, this would not preclude subsequent re-analysis using correct and more appropriate methods, except you might not do it if you believed rates had been used as was suggested in the paper.
  2. There is nothing wrong with using the model to calculate the number of herds (exposure). There may be circumstances in which a model may be sensibly used to calculate exposure. However, the original model used suggests that bTB herd incidents (a standard measure of new disease) is independent of the number of herds in a study area. That is, if the number of  herds in an area is doubled, the incidence does not change. This is not credible. Not least because the RBCT report (Table 5.4) showed that breakdowns doubled in cull and control areas over the period of study.
  3. You are just model dredging; i.e. you are just picking out the model that says what you want. The new study re-examined RBCT data using a range of statistical models (22 in total). Most of these show no evidence to support an effect of badger culling on bTB in cattle. The statistical model chosen by the RBCT study was one of the few models that did show an effect, but when tested in an accredited way, it is not an optimal model. The new paper is not guilty of  “model dredging”, it is the result of an attempt to find a robust analytical method that could support the claims of the RBCT

Why has this not been picked up before?

It does seem remarkable that the original RBCT a) got through peer review, and b) has not been challenged since. One reason might be the rather casual use of the words ‘rate’ and ‘count’ in the original paper, which implies that rate has been used in the model, whereas in fact an epidemiologically non-standard method was used to calculate a rate. Supplementary information in the original paper showed standard calculated ‘rates’ and the assumption could have been made that these were what was used in the model. They were not.

Interestingly, in the journal Biostatistics in 2010, two authors of the 2006 paper discussed approaches to using a range of statistical methods on a data set to compare their performance, and the choosing of a planned statistical approach that best complimented the subject matter.  They proposed that selection of a specific statistical approach may involve ’subtle considerations about the interplay between subject-matter and statistical aspects and the detailed nature of the data and its compilation.’ And with respect to the peer-review of results, they contend quite boldly: ‘the suggestion of requiring independent replication of specific statistical analyses as a general check before publication seems not merely unnecessary but a misuse of relatively scarce expertise.’

This may go some way towards understanding how problems with the original analysis were not picked up for such a long time. And it goes some way to explaining why there is such a reproducibility crisis in science.

The paper is open access. You can read it here.


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.