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

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.

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

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.

Out & about in Oxford this week

Badgers have been speaking up for themselves in Oxford this week. They  have been making their presence felt, raising awareness of the current government badger cull policy, and explaining what the future of badger culling could look like in Oxfordshire. Now that Minister Therese Coffey has thrown doubt over government previously stated intentions to stop culling in 2025, everyone needs to be alert to a possible U-turn on getting rid of badger culling for good.

The Oxforshire Badger Coalition (OBC) is a growing network of people and organisations from Oxfordshire and beyond who are concerned about the continuing, and potentially accelerating government badger cull policy.  This is a policy that is based on the Randomised Badger Cull Trials (RBCT) and what Lord John Krebs described recently in the House of Lords as ‘unsettled science’.

Badger culling has been happening in Oxfordshire since 2020, firstly on the periphery as overspill from adjoining counties, then with a full cull area added each subsequent year. An estimated 50% or more of the county now has culling, with 5000 or more badgers shot so far, and plans for thousands more this year and next.

The situation for Oxfordshire’s badgers is moving to a point where there is a serious risk that culling is running out of control. The NFU has been setting up large ‘cluster area’ projects that may include future 100% culling, perhaps starting next year and even though bovine TB breakdowns have reduced greatly in recent years with better testing.

The risk is a change from the existing proactive policy, to a new reactive culling policy, a move that it is thought will be subject to consultation later this year. No culling, even in exceptional circumstances, is warranted. Reactive culling threatens to become the ‘new normal’, but it is not based on sound or impartial epidemiological evidence (1).  The result could be 15 more years of 100% localized badger culling, and another 200,000 or more largely healthy badgers killed.

This is justified in part by Minster (Spencer) claiming in Parliament that badger culling is working, with a 45% benefit after three years and 50% after four years, but these numbers have no peer-reviewed or even published basis, and appear to be misinformation. Alternative peer-reviewed analyses (2) show that badger culling has produced no benefit in disease reduction. Despite a lot of claims and accusations by government, this work has not been effectively challenged.

The Oxfordshire Badger Coalition is determined to raise the profile of these issues in Oxfordshire over the coming months, so you may be seeing more badgers in Oxford in the very near future. Please say hello, and if you can, join in and spread the word. Most members of the public who stopped to say hello this week were supportive and said that they were not aware that the government is still killing badgers. This is because both badger culling and the results are being being kept secret from the public from reasons that remain unclear.

“A culture of flawed government veterinary beliefs”

Independent Report Exposes Unsafe Procedures in Bovine TB Control in English Cattle

 

A new report on the possible future use of so called ‘epidemiological badger culling’ is being released to MPs and Parliament on 11th May 2023. Compiled over the last year by a group of independent experts, it looks closely at one specific element of the government’s bovine TB control policy proposals for English cattle herds; that regarding the role of badgers in bTB disease hotspots as they develop.

The report can be accessed HERE.

Government Policy in 2020 had suggested a move away from intensive mass badger culling, that by 2022 killed over 210,000 mostly healthy badgers in England since 2013. This huge programme of wildlife intervention has produced no demonstrable benefit to disease control in cattle, with the government silent on results since 2017.

Authored by experienced and independent researchers, veterinarians, and epidemiologists, it addresses DEFRA’s handling of the disease crisis, and why the 2020 “Next Steps” policy is likely to fail because of incorrect decision making and exaggerated claims made on the back of equivocal research results.

The report claims that the Animal and Plant Health Agency (APHA) and DEFRA, are failing in their duty to provide proper scientific approaches to vital aspects of the heavily publicly funded, long running bovineTB control crisis in England.

Specifically, it exposes the poor rationale behind aspects of the proposal which aims to implement systematic localized elimination in an area of all (100%) of badgers, an approach termed by DEFRA as ‘epidemiological badger culling’. This back-door approach to systematic removal of badgers from farmland where cattle have bTB, is already being trialed in a small number of counties and appears to be planned in more. But it is founded on evidence and beliefs that are not fit for purpose.

The 55 page report with 2 page summary, provides a catalogue of evidence on issues that the authors say have been consistently misrepresented by APHA and the Chief Veterinary Officer. It calls for an immediate rethink, scientifically robust planning and an end to supporting an ill-conceived policy with uncertain science and procedures.

The report is prepared in advance of an anticipated government consultation over its future policy to phase out badger culling.

Report Citation: 
Griffiths, L., Griffiths, M., Jones, B., Jones, M., Langton, T.E.S., Rendle, M., Torgerson, P. 2023. A bovine tuberculosis policy conundrum in 2023. On the scientific evidence relating to the Animal and Plant Health Agency/DEFRA policy concept for ‘Epidemiological’ badger culling. An Independent report by researchers and veterinarians to DEFRA and the UK Parliament. APRIL 2023.

Badger Culling and Vaccination: Where is the March 2020 “Next Steps” policy trying to take us?

Last Thursday 23rd September, Hertfordshire and Middlesex Badger Group hosted a webinar to look closely at the governments “Next Steps” strategy for achieving bovine tuberculosis free status for England.

Ecologist Tom Langton kicked off the event with a presentation on the policy as it relates to badger vaccination. It was very sobering. In contrast to the headlines that accompanied the announcement of the policy (‘Badger Culling to be Banned’ was what much of the mainstream media ran), badger culling looks set to continue, although in a different guise.

Large scale culling (of 70-90%) of badgers is to be replaced with localised 100% culls, with the example of the Cumbria 100% cull as the policy model.  Cattle herds in Cumbria (Area 32/hotspot 21) are still experiencing high numbers of bTB breakdowns despite three years of culling & now farms have many ‘dead’ setts. One badger has been vaccinated for every ten shot, and some vaccinated badgers may already have been shot.

The chief vet will be able to authorise localised culling based on the new ‘epi-pathway’ approach. Basically, this means that if local vets cite badgers as a likely source of infection, such as infection found in just a few badgers, culling can be licensed.

APHA ‘risk pathways’ approaches do not factor in the low sensitivity of some of the bTB herd testing being used, leaving up to 50% of infection undiagnosed in the herd. Cattle are still the biggest, if not only source of bTB infection, but APHA just refuse to take full ownership of the problem.

So how is Defra going to sell this shocking new ‘cull and vaccinate’ policy to the public, those of us who passionately love our wildlife? It looks as if they are trying to ‘normalise’ culling by engaging voluntary groups to get involved in vaccinating a proportion of badgers. The problem with this approach is that participants will have to comply with government by stopping opposition to culling, by handing over sett data, and by telling farmers that badger vaccination will reduce bTB in cattle. None of these things are acceptable.

Born Free veterinarian Mark Jones made his position clear: we “…need to avoid getting drawn into a situation where there is tacit acceptance of a system that seeks to secure de facto support for culling, with vaccination used as an exit strategy from it”.

To find out more about what the government has planned for our badgers to 2038 and beyond, watch the webinar recording here.