Tag Archives: consultation

GOVERNMENT BADGER CULL CONSULTATION – NEW LEGAL ACTION UNDERWAY

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

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

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

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

Tom Langton said:

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

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

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

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

The Defra Badger Cull consultation on the ‘targeted badger intervention’ policy – where are the swerves?

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The Defra consultation on more badger culling ends on Monday 13th May 2024, at midnight. Since it was launched on 14th March there has been increasing incredulity over how sketchy and confused it is. It is a classic example of how not to consult with the public over an extremely important decision on how to tackle a complex disease epidemic.

The problems are largely of Defra’s own making, with the scientific aspects of the issue particularly poorly handled. Questionable management of the bTB policy is exemplified by the ‘BTB Partnership’. This was was set up under the 2020 ‘Next Steps’ policy, after the Derbyshire badger cull licence was put on hold for a year in 2019 by Boris Johnson who fought off the NFU and announced a  move to phase out badger culling.

The BTB Partnership was set up as a group of largely cherry-picked farmers and vets, most of them it would seem wedded to badger culling, and ‘hired and fired’ by Defra who also control the agenda, with secrecy over its work, reporting and outputs. There is a blog about the shambolic Partnership here. Not surprisingly, it recommends more badger culling and tries to row back on actions that might inconvenience the beef and dairy industries, thus preventing the industry contraction that must inevitably come, but that could have been so much smaller, if done earlier.

The main problem with the consultation is that it blurts out its intention without actually consulting. It’s a bit like asking what colour your new car should be, and do you need a sunroof? But the bigger questions have already been fixed; make, model, engine size, fuel type, all decided for you. You are being asked questions about the trimmings.

So, the consultation is not at an early stage, not at a stage where the various options are reviewed and described, with a sound build up to a presentation of the top range of possible alternatives and asking you about which path to take. Instead, Bang!, this is what you get. And it is being handled in a  similar way to previous bTB consultations  only this time it is much, much worse. It looks sloppily written and rushed. Rumour has it the NFU wanted to get it in place before the general election, although it is not actually needed in 2024. The problem for Defra is that views, or perhaps expectations on the government consultation process have been changing, and this kind of approach is no longer acceptable. Witness last October the judgement in Northern Ireland that found the badger culling proposals unacceptable. Why wasn’t the lesson heeded you have to ask?

Looking specifically at factual issues, the ‘elephant in the room’ is the discovery over the last ten years that all but a few of  (SICCT) test reactors are infected. With few false positives this makes any narrative that the herd status OTFW (officially bTB Free Withdrawn) is the yardstick for eradication (or better expressed, elimination), very old thinking.

This has some unfortunate consequences, not least for the now challenged RBCT (Randomised Badger Culling Trial) which actually found no effect of badger culling when all reactors (OTFS (Officially bTB Free Suspended) and OTFW are taken into account. This should have led to Defra reviewing their approach, but ‘stick to plan’ is the order from somewhere – the farming industry? It doesn’t make sense. And it isn’t mentioned at all in the consultation. Neither is the increased frustration and louder and louder complaints by vets and test developers that the current policy is unviable and useless. Not fit for purpode. It follows the failed trend of the Republic of Ireland who have culled badgers for over 20 years. The consultation seeks endorsement without adequately, or in many cases at all, explaining its rationale and alternatives.

Further, the consultation is not adequate in explaining the progress and new development of badger vaccination and cattle vaccination. With badger vaccination, DEFRA now pull back, saying its efficacy is unknown, much as the Godfray Review did in 2018. There is no enthusiasm for it from the farmers either. They have been told since 2022 that badger culling works and a new generation of advocates for culling have developed, bringing sentiments of badger hatred to new highs on social media.

How has this happened? Well by a series of announcements, interviews and parliamentary statements by Secretaries of State and Ministers since 2022, based upon a combination of staff at Defra and its agencies telling people that badger culling works. This continued until just before the start of the consultation on the back of unpublished data, uncheckable analyses and inference trying to transmute association to causation. Same old.

The new Secretary of State in Defra’s revolving doors of sackings and appointments is Steve Barclay. No one in cabinet wants to do the Defra job. You have to deal with climate change, flooding, sewage and farm waste in rivers and on beaches and wangle ways around protecting nature as a flurry of screamingly bad diseases flourish with industrial farming.  So Barclay sets out the consultation, claiming a figure of 56% decline in herd breakdowns after four years of culling, based on the ‘before and after’ APHA paper (Birch et al published Feb 28 this year), with absolutely none of the controls of a scientific study checking causation. There is no comparison of culled areas with unculled areas. There is a blog about the problems of Birch et al. preprint here.

Using words from a rather flaky abstract, designed to please, Barclay mis-quotes and misrepresents what the paper actually says, no doubt incorrectly briefed by the hapless APHA who are desperate to find a way out of the 2020 policy car-crash and not to call the last decade out as one huge mistake. Barclay follows other politicians, Eustice, Coffey, Spencer, Douglas Miller who have groomed the farming industry to believe what they want to hear i.e. that but for the badgers the cows would be clear of bovine TB. What is irrefutable is that the influence of badger culling on bovine TB in cattle herds is unclear.

Defra seem to have gone out of their way to bias consultee’s opinion in front of their consultation. Some observers thought it had been put on hold, with the hope of a new Parliament sorting out the mess in a years’ time. The consultation fails to distinguish between the scientific opinions of a handful of Defra staff who have spent the last decade blaming badgers, and what the published science actually says and means. Not to do so is not just worrying, it is unfair and unlawful.

Why did they drop a weak bit of analysis (Birch et al. 2024 ) just in front of the consultation and weaponise it to try to force a return to mass culling? Results from Cumbria, south of Penrith, showed that cluster culling was a sham in Area 32, and cattle measures had resolved bTB in all but chronic herds before the first of the 1115 mostly healthy badgers were shot, from 2018.The independent report “A Bovine Tuberculosis Policy Conundrum in 2023” demonstrates this clearly, and the follow-up addendum produced in April 2024 confirms it.

The failure of their ‘epi-cull’ or ‘cluster-cull’ trial is too uncomfortable for them and doesn’t fit with their ‘keep to plan’ strategy, so they pretend it hasn’t happened? Then they delay the economic evaluation until later because it looks like everything done to date has been done at a financial loss, but can be fudged in four years’ time?

The confusion and lack of technical reporting on cattle vaccination, and the need for enhanced testing according to the learning from Gatcombe farm in Devon has not been mentioned at all – no options provided. Airbrushed out.

The consultation normalises the least humane option for shooting badgers without going through the difficult considerations behind that decision. This is extraordinary, given the shift to free shooting over cage shooting for cull companies that have had praise heaped upon them with offers to make their killing easier..

The executive powers that would be passed to the Chief Vet and the appointed BTB Partnership for day-to-day decisions looks like an unrepresentative, unaccountable closed shop. Methods for identifying where badgers would be culled are unformed and justified using the unsuccessful Low Risk Area model (see here and here) and the unproven intensive culling results (see here, here and here). Why was the consultation not held back until these problems had been addressed? Answer, because the trials have failed. Why does this consultation even exist if this key point is not absolutely clear for all to consider? As APHA said in 2023, there are now more questions than answers.

This consultation is an abomination. Following the failed DEARA consultation in 2023 it is unprofessional and embarrassing. We should know who is responsible for it. It is so far away from the interests of the public and industry that it must be stopped.  

Responses to consultation questions: some thoughts:

Q7. Should there be an annual cap on the number of clusters that can be licensed to undertake badger culling? 

If you answer Yes, you may be accepting that the policy is fine as long as it is limited to x number of culls per year. Don’t be misled by this trick question. It does not offer the alternative of knowing that no targeted culling should be done.

Q8. What other factors should be taken into consideration in defining a cluster under the targeted badger intervention policy?

If you suggest new factors, this may imply that you agree with the other factors suggested. 

Q10. & Q11. To what extent do you agree or disagree there should be a separation of Natural England’s statutory conservation advice from licensing decisions?

These are tricky. At face value it might suggest that you are being asked if NE need no longer fulfil its statutory nature conservation role. But that is very unlikely to happen without a change in law. What it might be asking is whether you think NE should stop licensing culls in order to distance its  advice on badger culling ecological impacts from the authorisation of killing badgers, which would be a very good thing. However the question is very general and vague. Perhaps the question supposes culling should continue (which it should not), so does agreeing to it endorse the act of culling? NE should never have taken on the role of licensing culling, it was the worst decision in its history and has seen rampant killings of around 230,000 badgers since 2013. The next question, 11, deals with whether cull licensing should go to Defra, (to join with vaccination permissions), to which the answer should be no because culling should stop.  So Natural England  who are just told to get on with it without question should stop and it shouldn’t go to Defra? It would seem sensible not answer these ones on the grounds of confusion.  Defra would love to keep licensing with NE as it gives culling the respectability of endorsement by a conservation body. Be careful how you answer this one because the question isn’t clear. It could trick people into supporting keeping badger culling responsibility with NE. It is not clear if you can use question 12 to explain your views if you have not answered questions 10 and 11 however. What a muddle.

Q12. Please give reasons for your answers to this section (optional)

Here you could make the point that Question 10 is faulty. The question does not reflect the text of the consultation adequately.  Natural England, in preparing impact assessments free of charge for cull companies and being instructed by Defra to issue licences, has lost its supposed  independent role. NE has taken direction from and rubber-stamped Defra and the CVO’s instructions to issue licences, and for the NE Chief Scientist to describe culls as successful whether or not minimum cull targets are met.  And on an uncorroborated assumption that Defra’s badger culling policy has an disease benefit, which it has consistently failed to show.

Q13. Do you have any comments on the Information for Applicants at Annex B for carrying out the culling part of a targeted badger intervention policy? (optional)

This information is inappropriate given the unfair nature of the consultation.

Q15. Should animal level bTB risk information be published on ibTB?   

Yes

Q16. Please give reasons for your answer (optional).

Any information on disease risk should be publicly available.

Q17. To what extent do you agree or disagree it would be helpful to share information on where herd owners source their stock from?

  1. Strongly agree

Q18. Please give reasons for your answer (optional).

Any information on disease risk should be publicly available.

Q19. Do you have any other comments? (optional)

Here is your chance to offer your full view.

This consultation is an utter shambles and should be withdrawn. It is thrown together, unfair and misleads on multiple counts. It avoids providing essential background facts and leads those answering questions into endorsing ill-described proposals. This consultation will be challenged and measures are already in place for that to happen.

WE ARE THE BADGER CROWD

 

 

 

 

 

Cracks appear at DEFRA

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Badger Cull Consultation extended by 3 weeks to 13 May

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

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

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

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

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

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

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

Help Stop the Badger Cull U-turn

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Kamikaze bovine TB consultation – will it crash and burn?


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

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

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

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

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

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

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

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

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

New badger cull U-turn signals the end of the Badger Protection Act in England

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Defra have today announced a 5-week consultation on chilling plans to kill 100% of badgers (also known as epi-culling) in bovine TB affected areas. Rowing back on the pledge for its use only in rare exceptions, this is effectively an increase on the cull limits imposed since culling started in 2013. It is set to be implemented this year in both previously culled and new areas, although not in areas culled in 2024 and 2025 because most of the badgers are already dead there.

The new culling method is based on a ‘model’ trial in Cumbria where over 1100 badgers were shot dead between 2018 and 2022, but where a published report states no demonstrable benefit was achieved in terms of reduced TB breakdowns in cattle herds.

The new policy is partly concealed by a move to encourage the vaccination of recovering badger numbers after culling (for which farm take up is likely to be resisted). The new prolonged killing spree, under what looks like a highly simplified license system, could see the badger tally rise from around 250,000 shot to-date, towards 300,00 by 2030 and half a million by 2038. This would be a cull of largely healthy adult badgers and their cubs, cruelly slaughtered using crude methods opposed by the British Veterinary Association, and for no good reason.

This is a government U-turn on the current policy implemented in 2020 under Boris Johnson. Johnson indicated any future culling of badgers would  be in ‘exceptional’ circumstances only. But the new draft policy has already established ‘cluster groups’ across many central English ‘Edge’ counties where ‘free-for-all’ culls may be allowed locally starting this autumn. Culling will return to previous ‘intensive’ cull areas, where it has currently failed to have an effect.

It is not clear how quickly the new approach will be rolled out or whether a new incoming government would stop it. The Labour party has previously pledged to bring an end to badger culling. Will this change following the NFU’s hope and plea at its conference that the issue will not become an election ‘wedge issue’?

The government claim that badger culling has enabled a drop of 56% since 2013 is repeated in the new consultation, but is based upon a misreading of the recently published Birch et al, who acknowledge that the overall result cannot be attributed either to badger culling or cattle measures; the different measures were analysed together and it is as likely to be cattle measures as badger culling. They then headline that the effect was caused by badger culling alone, something that top Oxford academic David Macdonald has stated in a January 2024 Badger Trust report is absolutely not the case. So why have they lied?

The APHA have stated more than once, that breakdown data by themselves cannot be used to evaluate the effect of badger culling. Christine Middlemiss on Farming Today in 2022 said that it was ‘very difficult’ to  compare culled and unculled area so as to isolate the effect of badger culling on bovine TB. Birch et al (2024) do not claim to have done this and they have not, but their scientific paper has confused wording and this has badly mislead the Defra Minister Douglas-Miller. The only peer-reviewed analysis since 2017 that compared culled and unculled areas found no difference in cattle disease between the two (Langton et al.).

It would seem that DEFRA are unable to interpret the science their own staff have published. They are also refusing to hand over the code that they used to analyse the data.

So what does this all mean? It means the end of the Protection of Badgers Act. There are no restrictions on the number of cull areas and no one will know where they are. Slack controls and confusion will confuse enforcement bodies and the public. This proposed policy is a disaster and must be stopped.

U-turn on phase out? Defra to consult on 100% badger culling.

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Eleven years of intensive badger culls in England have left over a quarter of a million mostly healthy badgers, dead using cruel methods. This has been justified on the back of a hypothesis that any infected badgers frequently spread bovine TB to cattle. There is very little science to back this up, and no credible evidence that culling badgers has any effect on cattle TB.

Badger culls aimed to reduce infected and uninfected badger numbers by 70% within cull areas, but population numbers are not known, confounding the basic assumption of the theoretical benefit. Badgers may be wiped out or bounce back quickly, but nobody is monitoring with any accuracy and reporting. This current policy of intensive culling is due to finish at the end of  January 2026. But what happens after that? We may see an attempt to set something up very soon to take over, as the ruins of the current pro-cull government crumbles away with a shockingly bad record on nature protection.

Public consultation on the next phase of Defra’s bovine TB eradication policy has been attempted for over a year, rowed back on, and is now thought to be imminent. The 2020 ‘Next Steps’ bovine TB policy suggested that the follow-on policy would aim to phase out intensive (70%) badger culling, but allow 100% culling (as in the failed Cumbria culling effort) but only in ‘exceptional’ circumstances.

What will these ‘exceptional’ circumstances be?

It seems likely that to qualify as exceptional, a farm or defined area will need to have found a dead badger within an unknown distance which has tested positive for bovine TB or have been found with the same strain of bTB present in the local cattle. However, this proves nothing as the directionality of transmission is not known. You could cull badgers anywhere on this basis. It is not rational. We know that once a strain is introduced by cattle it can rapidly pollute the countryside with TB bacteria for considerable distance.

Such culling attempts have been termed epidemiological culling, or ‘epi-culling’, which is a contradiction as it breaks many epidemiological principles and discredits the veterinary profession.  Already the APHA Risk Pathways approach has been discredited following the successful independent report on the subject in 2023. The reasoning behind epi-culling sets a low bar in simplifying the implication of badgers infecting cattle, when presence of disease in badgers does not prove causation of disease in cattle. It never has done. The problem of undetected bTB in cattle is due to poor sensitivity of the tuberculin (SICCT) testing over decades. Poor testing and unwise cattle movements, coupled with residual infection remain by far the most likely cause of all herd breakdowns. The knowledge of the last ten years points directly towards the paucity of testing, while some researchers twist the evidence to bolster government policy.

It is almost as if this is a pre-planned effort to enable badger culling to become a free-for-all, and this has  been suspected by some, from the beginning. Removal of badger protection by stealth, not science. The licensing method of future culling is unclear and if it is ‘farmer-led’ as the Godfray Report (2018) suggests, what will that mean in practice? Without cull companies and detailed veterinary supervision, the approach could be even more of a shambles than it has been thus far, particularly in terms of welfare. Details of the new plans are about to be made public shortly it would appear.

What will ‘epi-culling’ look like?

Since 2018 APHA have been experimenting crudely with ‘epi-culling’ in Cumbria and Lincolnshire. This new style culling aims to kill 100% of badgers within designated areas but of unclear size. This pilot has failed to eliminate bovine TB however, (see Chapter 5 of ‘A bovine tuberculosis policy conundrum in 2023′ ) and simply served to highlight recurrent infection in a handful of farms and how concentrated testing effort can remove bTB from a few dozen herds. Clearing of these herds by intensive effort will still leave the Cumbria Area 32 a full failure in terms of demonstrating that badger culling can reduce bTB in cattle. This is no model for the future.

Badger vaccination?

Vaccination of badgers may be offered after epi-culling from year 3 as in Cumbria Area 32. This is a massive operation that the NFU may have agreed to in some kind of deal enabling more culling. The entire Edge Area may potentially be available, with cluster areas already having been prepared. Wildlife Trusts and others may, if not careful, become obligated to support and justify the process of culling with the offer of vaccination follow-on. An unwise route, supporting the pretence that vaccinating badgers will help reduce disease in cattle. This is unproven and effectively a unsubstantiated deception that will be a cover for more badger culling, both licensed and illegal. Badger vaccination is likely to be offered for the HRA with possibly more culling – this is the biggest worry of all. We hope not. Badger Groups need to be aware of the risk of being manipulated to promote vaccination projects to farmers under false pretences, which will in effect facilitate more culling to 2038 and beyond.

Is badger culling scientifically justified & has it worked?

The science behind culling is uncertain & becoming unevidenced. A peer-reviewed paper, Langton, Jones, and McGill (2022) failed to find any association between the industry led badger culling 2013 – 2019, and either the incidence or prevalence of bovine TB in cattle herds.

The paper has two main findings. Firstly, data show the slowing increase, levelling off, peaking and then 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. This suggests that the cattle-based measures implemented from 2010, and particularly the introduction of the annual tuberculin skin (SICCT) test are most likely to be responsible for declines in disease.

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. Models that most accurately fitted the data were those that did not include badger culling as a parameter, suggesting that factors other than culling (time, cattle testing etc) were likely to be the cause of the reduction in disease in cattle.

Defra does not accept the findings of this peer-reviewed study but have not produced a credible peer-reviewed rebuttal to it, and (following the change of DEFRA leadership from Richard Benyon to Robbie Douglas-Miller) they still refuse to engage on the matter. They also refuse to release their ‘secret’ and withheld data, and thus-far have not produced their own published science to show that badger culling is effective in reducing bTB in cattle. A preprint (Birch et al 2023) by APHA staff is discussed here and here.

Following on from Langton et al, a pre-print looking at the original RBCT analysis has found that alternative & more appropriate analyses of the data found no effect of badger culling (Torgerson et al. 2023). This is important, because the RBCT has been used as the basis for all culls since 2013. If badger culling during the RBCT produced no measurable disease benefit, the justification for badger culling has no scientific rationale.

What about the ecological impacts of 100% badger removal?

Under Judicial Review of their decision to licence badger culling, DEFRA undertook in 2018 to monitor the ecological impacts of 70% badger removal. This has not happened, with some vague fox count numbers used as a smoke screen. There was cheating and disgraceful behaviour in court in 2022.

So what will be the ecological impact of trying to remove entire populations of badgers, in patchy ways? What will be the licensing requirements for epi-culling and how will species and habitat impact assessments be provided?  How will Tony Juniper at Natural England continue to support culling? Will he keen to keep saying that there is nothing to see?

Despite the frailty of the science behind badger culling, despite the lack of monitoring of the ecological impacts of culling, despite the financial cost and the cruelty, it looks as if the government is about to proceed with yet another ugly and ill-conceived badger culling consultation for its disastrous bovine TB policy.

 

Defra’s consultation on the 2020 ‘Next Steps’ badger culling policy

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In recent years Defra have made no secret of the fact that they aim to continue badger culling after the current intensive culls finish at the end of January 2026. The 2020 bovine TB policy outlined the intention to continue badger culling in ‘exceptional’ circumstances. APHA have been piloting a new ‘reactive’ style culling policy that aims to kill 100% of badgers, otherwise known as epidemiological culling or ‘epi-culling’ in Cumbria and Lincolnshire. This pilot has failed to eliminate bovine TB however, (see Chapter 5 of ‘A bovine tuberculosis policy conundrum in 2023′ ) and simply served to highlight persistent infection in a handful of farms.

‘Epi-culling’ has been licensed by Natural England since 2018 despite its ongoing failure. Badger Trust was told by Lord Richard Benyon (Minister of State at Defra) in written correspondence, and by Eleanor Brown (now deputy Chief Veterinary Officer) at a meeting, that a consultation on this new epi-culling policy would be launched this year. This now seems not to be the case. In this recent article in VET Times, a Defra spokesperson was asked whether the anticipated consultation would begin before Christmas. The reply was “we are working to provide further detail at the earliest opportunity.”

Initially it was thought that the consultation would be in winter 2022 or Spring 2023. This was delayed to Summer, then Autumn, and then the middle of November. It may yet appear, perhaps this winter, but indications are that Defra are rethinking.

The National TB Conference in Worcester on 29th November might have been an opportunity to set out Defra’s intentions going forward. The programme for the event listed senior speakers/participants including Lord Benyon (Defra Minister), Christine Middlemiss (CVO) and James Wood (Head of Department of Veterinary Medicine at Cambridge), long-time supporter of badger culling. But Lord Benyon did not even turn up, & it was left to a few of the pro-cull vets to make statements on their personal ‘views’ about the success of badger culling. Perhaps they had hoped that APHA’s pre-print on the effects of badger culling might have been published by now. But there are serious issues with this analysis, see here and here.

So why has the consultation on epi-culling been delayed? Are Defra beginning to realise that badgers are not a significant player in bovine tuberculosis after all?

Three possibilities………

  1. The epidemiology of bovine tuberculosis science does not support their position on epi-culling, (see this independent report). APHA’s latest epidemiology report has changed its method of assessing attribution of disease, (see here).
  2. The science behind culling is uncertain & becoming frailer. A peer-reviewed paper in 2022 failed to find any association between the industry led badger culling 2013 – 2019, and either the incidence or prevalence of bovine TB in cattle herds (see Langton et al 2022). Following on from this analysis, a pre-print looking at the original RBCT analysis found that alternative & more appropriate analyses of the data found no effect of badger culling (Torgerson et al).
  3. There will probably be a General Election next year. Pushing out a consultation on a scientifically fragile badger cull policy, that is also cruel, potentially ecologically damaging and economically unsound is not a vote-winner for a political party. A majority of the public remain opposed to badger culling.

Meanwhile, in the House of Lords on December 12th, Conservative peer Lord Colrain, asked “What progress they have made towards identifying a vaccine for eradicating bovine tuberculosis?” Labour peer Lord Granchester took the opportunity to quote a reduction of 51% in herds under restriction in Cheshire, appearing to claim this as a win for badger culling, and suggest  that it would make sense “to allow all areas of England to undertake a cull to control disease in cattle, disease in badgers and stress in rural communities before introducing vaccination?” He failed to mention that Cheshire has actually had more gamma testing than any other county in the country as shown in the bar chart below. It is the increased use of gamma testing that is most likely responsible for the observed decline in herd breakdowns. 

It is still a bit unclear what Labour will do with bovine TB policy if they are elected to government in due course, with their messaging inconsistent at present. Shadow Defra Minister Steve Reed recently told journalists at the Countryside Land and Business Association conference that there is enough reason to believe that badger culling is a way of preventing transmission, so “in the short term we have to continue with that”. Sue Hayman (former Shadow Environment Minister) meanwhile said at the launch of a Wildlife Link report recently, that badger culling would be brought to an immediate end. Current Shadow Environment Secretary Daniel Zeichner was quoted in The Guardian (here) in October saying “I’ve spent a long time looking at this…….We’re going to make England bovine TB free by 2038, but with a range of measures that do not include culling.”

None of this is satisfactory. Secrecy cloaks every move, and stakeholders remain outside what should be an open and careful discussion of the various technological and economic options. It is in no one’s interest to let factional lobbying and secret deals continue with the wasteful and cruel outcomes seen over the last ten years.

We have now reached the point where a handful of pro-cull lobbyists are promoting their ‘views’  on the success of badger culling and making statements that are simply not borne out by the facts. Dick Sibley (a vet who has worked on alternative bTB testing approaches), in a recent letter to Vet Record, comments on “the unfortunate paucity of scientific evidence” that currently underpins current advice, and concludes that “the effect of the mass killing of hundreds of thousands of badgers has been disappointing, to say the least”.

The latest government epidemiology summary shows that half of breakdowns are now herds with embedded disease, herds breaking down for a second, third or more times. Why? Because infection is not being caught by conventional testing. It is not that hard to work out why public money has been frittered over the last ten years on a policy with no end point. It has been deemed just too tough to grasp the nettle and get on with the difficult and expensive job of better testing and some herd depopulation, with farms left fallow for several years. This reality cannot be put off any longer and the economics of a new campaign need to be clear for all to consider, with relevant measures to achieve prompt bTB control, not decades more of subsidised nonsense.

APHA, evidence and distortion – the badger blame game continues

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A new analysis of Bovine TB data by the Animal and Plant Health Agency

“Difference in Differences analysis evaluates the effects of the Badger Control Policy on Bovine Tuberculosis in England”, by Colin P.D. Birch, Mayur Bakrania, Alison Prosser, Dan Brown, Susan M. Withenshaw, and Sara H. Downs.

This new analysis was posted as a pre-print on 6th September, on the ‘bioRXive server. You can view it here, although there is no access to the data to check it.

With the current programme of intensive badger culling winding down and coming to an end in 2025, up to a quarter of a million largely healthy badgers have now been killed. A new consultation on Defra’s intentions going forward under the 2020 “Next Steps policy is expected on or after 16th November. This new scientific paper has therefore been constructed at an important moment for the future direction of new bovine TB policy.

Both Therese Coffey (Secretary of State for Environment Food and Rural Affairs) and Lord Richard Benyon (Minister of State for Biosecurity, Marine and Rural Affairs) have said in public and in correspondence that badger culling should continue. Mark Spencer, (Minister of State for Food, Farming and Fisheries), has been using the Birch et al pre-print in parliament to claim large disease reductions from badger culling.

But how certain is the science behind these claims of disease reductions, and the stated intentions to carry on culling badgers?

In a 30 minute presentation available to view on YouTube here, Tom Langton talks through recent scientific pre-prints and publications that have analysed bovine TB in cattle herds and badger culling. Inevitably it is a technical presentation as the issues and the statistics involved are complex. But at this critical moment, as bTB policy is further revised, the controversy and uncertainty surrounding the science of bovine TB control needs even closer scrutiny.

Is the Badger Cull Consultation unlawful?

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Revised 27th April 2021

George Eustice’s Badger Cull consultation misrepresents reality. Tony Juniper should prevent Natural England processing further licences based on the flawed Ministerial claim.

On the 18th March, the Badger Crowd was pleased to see a solicitor’s letter being sent to the Government Legal Department and Natural England raising serious concerns over Defra’s “Next Steps” (March 2020) Policy consultation that ended on 24th March 2021. This relates to attempts to deliver the government’s strategy for achieving bovine tuberculosis (bTB) free status for England.

Fundamentally misleading and erroneous…

The main concern is a fundamentally misleading and erroneous statement by the Secretary of State on 27th January 2021 which underpins the consultation proposals. It  states that badger culling “…has played a critical role in helping to start turn the tide on this terrible disease.” This is an extremely serious matter in many regards. Up to a further 150,000 badgers may be culled under these proposals over the next six years. This will be as many or more as have been killed to-date, involving huge use of public funds, police time and other government resources.

The legal letter asks that the consultation is postponed until mistakes have been corrected, to ensure  a fair and lawful consultation, based on a proper understanding and articulation of the evidence.

In recent years both the Chief Scientific Advisor (CSA) and Natural England have expressed concerns over the scale of badger culling (see here) and the ability to link any changes in bTB levels in cattle to badger culling. Prior to his retirement  CSA  Prof. Ian Boyd described the problem as badger culling ‘often not working as predicted’ and needing an operational control approach based upon face value outcomes.

Natural England’s internal deliberations on the uncertainties of evidence when licensing culling were shown in Dr Tim Hill’s note to Natural England Board meeting of 6 November 2019, as released under Freedom of information, see here.

“7.1. As implementation of the culling policy has progressed a series of evidence needs and gaps have emerged. Culling is taking place over an expanding area of England and, as we advised in 2010 and 2011, it means the Government is increasingly less able to rely on the evidence base provided by the RBCT. Implementation of the policy has also identified operational challenges for which the existing evidence base is proving unsatisfactory. Finally, intensive culling was never proposed as the long-term solution to controlling TB in badgers and – particularly in light of the Godfray Review – we need to revisit the available evidence to inform future strategies.”

The 2021 statement and consultation

The statement that badger culling has played a critical role in helping to start turn the tide on bovine tuberculosis has been widely repeated in the media in recent months, including by the chief veterinary officer and by government officials. It underpins and hugely influences the current consultation.

Data on bTB herd breakdown for the High Risk Area (HRA) has become available online in recent months, both in the APHA bTB monitoring reports and bTB statistical data for Great Britain.  That data has not been properly presented in the consultation. It contradicts the public statements surrounding the consultation and the terms of the consultation document itself. On proper scrutiny, the data is telling a different story. We are analysing the latest data at the moment, and will be publishing an analysis of the ‘real world’ results of the bTB policy soon.

Cattle measures beginning to have an influence, well before badger culling started

Results  are suggesting that any changes in bTB incidence in the HRA have been brought about by cattle measures beginning to have an influence, well before any mass badger culling started. For the government to use the average figure for herd breakdowns for the four years prior to culling commencing is wholly misleading. All the signs are that the previous modelling has been inaccurate in reflecting what can now be shown to have actually happened.

For these reasons, there is grave concern not just that past theoretical modelling simply has not  reflected reality and the face-value evidence of outcomes, but that the real time data on the period 2013-2019 has been repeatedly misrepresented to the public by the Secretary of State, both in public statements and in the current consultation process.

The demand now is for proper correction of the misleading information within the consultation in relation to the effectiveness of culling from the evidence held to date. The Secretary of State George Eustice must correct his public statement accordingly. Any further consultation must take the real situation into account and not articulate false information to influence stakeholders in a misleading way.

Tony Juniper at Natural England should instruct his staff to allow no further badger cull licence applications to be processed. A new position should be  set out by the Secretary of State based upon the effectiveness of such licensing, as is required by the Protection of Badgers Act 1992 and other legislation and Natural England’s wider duties to protected species, habitats and designated nature conservation sites.

We ask that the costly, cruel, failed and pointless badger culls are brought to an end right now. Emphasis should be switched towards more comprehensive cattle measures that are known to be effective. These could make deep inroads in disease control in four years if carried out properly. This is in line with aspects of the Godfray review and the current government’s stated wish to tilt the policy away from badger culling. Hopefully for good.

We are the Badger Crowd and our fight is to seek justice for badgers, cows and for sustainable farming & wildlife management.

 

 

 

Supplementary Culling in retreat, but the war against English badgers continues

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On 27th January 2021, Defra published a new consultation on parts of its March 2020 “Next Steps” Bovine TB eradication policy for England. This aims to continue to mass kill badgers in the last 30% or so of badger strongholds in the High Risk Area of the West of England and across parts of the Edge and Low Risk Areas for the foreseeable future.

Defra intends to make small changes over the next six years as it moves towards ramping up more localised badger culling and apparently some badger vaccination, once populations have been freshly decimated. The final twenty, up to 4-year intensive culls starting in 2021 and 2022 may, with existing kills, shoot up to around a further 150,000 badgers between this Autumn and February 2026. A sickening ‘keep to plan’ commitment with ‘killing as usual’.

The new consultation does not address the policy expansion of ‘reactive’ (localised) culling of 100% of badgers taking place in the Low Risk Area (as e.g. already in parts of Cumbria & Lincs) and potentially across the entire English countryside from the mid-2020’s. Like the March 2020 policy, the recent consultation was unfathomably branded in the media as a major ‘shift in policy’ and ‘badger culling coming to an end’ or ‘banned’.

However, the 6-year phasing out of Supplementary badger culling (SBC), both as a long term sustained killing policy and as a post-intensive cull option, is one of the more notable decisions. As the method for keeping badger numbers low in High Risk bTB Areas, its overdue departure is more than welcome.

This is a victory for those who have funded and supported the Badger Crowd coalition of Badger Groups, Trusts and charities plus many individuals, who enabled legal action against SBC when it was introduced in 2017, based on secret un-reviewed modelling.  The High Court challenges unearthed internal government rationales and they unpeeled the policy decisions. Finally High Court judges only just found favour in government using the Protection of Badgers Act 1992 to introduce SBC, despite the exposure of it as a risk-laden experiment.

Government has spent up to £2 Million over the last 5 years responding, defending and reacting to Judicial Reviews brought by the Badger Crowd and has now made huge concessions in the two cases that went to trial. So a moment of thanks, to all those challenging the policy in a wide variety of ways and to the legal team and experts who have combined so ably to help bring about these significant shifts. It is not unusual for government policy documents, considerations and briefings to now make reference to legal constraints and challenges.

Government giving up on Supplementary culling is a logical reaction to what is being seen on the ground by vets and farmers – no tangible benefits in bTB reduction after huge effort and expenditure killing badgers.  At time of writing, two further Badger Crowd Judicial Review applications are still extant, seeking change to the government’s badger culling policy, including the 2020 policy for which this consultation applies.

The inevitable reduction and plateauing of the rate of increase of bTB breakdowns in the English HRA is not unlike the pattern in the Republic of Ireland. (Figure 1), where the futile killing of badgers now sees bTB herd incidence levels that are similar to those of ten years ago, with cattle testing and movement controls still very poorly addressed.

Figure 1. Bovine TB herd incidence in the Republic of Ireland.

Source: most recent DAFM stats (NI Badger Group)

Likewise, the rate of spread of bTB in the Welsh and English countryside starts to level off (England), with a clear downward trend in Wales since 2012. But it offers no evidence that badger culling plays any part.  Defra can see that Wales is out-performing England, without culling badgers (Figure 2.)

Figure 2. New herd incidents per 100 herd years at risk of infection during the year, GB, per quarter.

Link to data source

Defra also know that the former chief scientist supporting the culls has said in legal exchanges that a first look at cull efficacy would require six cull areas to be studied for four years, plus the following year as an observation period. This might give enough data for a tentative indication of efficacy to be seen, but even then not a very strong one. So the results might not be that reliable and any true contribution (from badger culling) to bTB eradication will always remain obscure. 

It is likely that an analysis of the outcomes of four years of culling using the ‘new in 2016’ badger cull cohort data, plus one observation period (to Sept 2020) has now been completed but not disclosed.

Government scientists following policy science (the RBCT and RBCT-derived work) might say the lack of any substantial change in bTB prevalence is either because the conditions of the RBCT don’t apply to real-time control effort, or/and that cattle measures are inadequate. Or it could be that Supplementary Culling is removing any putative bovine TB benefits. This was predicted as a distinct possibility within peer-reviewed science a few years before badger culling started.

Defra should know its modelling projections are more than dubious. In addition to George Eustice’s usual reading-out of the government position script, the Chief Veterinary Officer Christine Middlemiss has also disgracefully again promoted on BBC Farming Today, the fantasy of badger culling working, to try to mislead farmers and the public. Why the government bare-faced lies?

The new consultation: details on badger measures

Table 1. Summary of what the new consultation is proposing in relation to intensive and supplementary culling only.

The new Consultation includes (proposal 6.) restriction of Supplementary Badger Culling (SBC) licenses for those four year intensive culls commencing on and after 2017, to two years duration (rather than five) and to cease the re-issuing of SBC licenses for the first three areas in Gloucestershire, Somerset and Dorset after completion of 5 years of SBC.  This is a phasing out of Supplementary Culling over six years and by the end of January 2026.

The general effect of the proposals is to reduce current culling durations from 9 to 6 years and new intensive four year culls to possibly a 2-yr duration, according to  decisions by the Chief Veterinary Officer. There is some rather tortured Defra speculation (rehearsed in court in 2018/19) on why theoretical bTB breakdown reduction can be achieved from just two years of Intensive Culling. As usual this guesswork rests heavily upon multiple uncertainties.

Badger Crowd supporters have helped  take-on the government for three years now, to some good effect and the work is far from over. Thanks to all who have contributed generously so far. We will not rest until we have justice for badgers and proper science-based solutions for farming and wildlife that are not simply a ruinous waste of public funds and wild animal lives.