GOVERNMENT BADGER CULL CONSULTATION – NEW LEGAL ACTION UNDERWAY

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.

Bovine TB and Badgers: a weakened link

A new article in the May issue of British Wildlife magazine provides an overview of the current state of affairs with badger culling in England, and a welcome update on the science surrounding the issue.

It looks at new work that questions the role that badgers play in bovine TB in cattle, and what the most likely reasons behind the perpetuation of the disease are.

It also looks at the problems that badger culling is likely to be causing to the ecosystem in general, and whether or not this is being adequately monitored or mitigated.

There is a potted history of legal challenges to the badger cull, and a view on the insight and benefits that this difficult work has provided.

It looks at where the current government intends to take the badger culling policy next, and what ‘epidemiological culling’ could mean for our badgers in the future.

You can access a copy of the article here, for a charge of 99p.

Renewal required for “Next Steps” High Court challenge

There has been a flurry of activity in recent days. Following notice from the High Court and detailed considerations by the legal team this week,  representatives will today apply for a ‘renewal’ hearing. This is in order fulfil the aim of progressing to a full Judicial Review hearing as soon as possible. Other aspects of the case, against culling outside the High Risk Area – in the Edge and Low Risk Areas – are being worked on too.

There is a little over a week to go on the Crowd Justice crowd funder, which is ticking along quite nicely. We have had some very generous online and offline donations, including several from Badger Groups around England and Wales, and Born Free.  Lots of individual members have given generous personal donations. Several Badger Group members continue to help with the backroom work and Badger Trust support has been essential too. Many people have phoned, texted  and emailed with support and it is fantastic to find that despite all the pressures of the lockdown, there is still a very strong and powerful mood within the badger and wildlife conservation world that the cruel, unscientific and failing  government policy must be fought.

A huge thank you again to all of you making this possible. We get the sense  that the public at large are overwhelmingly outraged against a bovine TB  and badgers policy that is effectively out of control and counter-productive. Many people are shocked to learn that the government spin implying that culling has ended or will end any time soon is false. We are united to try to improve the situation for badgers, our wildlife, countryside and rural economy. I sincerely hope that we can help to bring about change and an end to badger culling as soon as possible.

 

New Legal Challenge Against Badger Culling

First of all, a huge congratulations to Wild Justice for reaching the funding target for their latest legal challenge on the humaneness of the free shooting of badgers as licensed by Natural England. Follow @WildJustice_org on Twitter, or sign up to their newsletter on the Wild Justice web site to receive email updates with the latest news about the case. It is fantastic to see widening support for the fight against badger culling and we will be in regular contact with Wild Justice as the cases develop.

There is no doubt about the intensely cruel aspects of the culls, but they are also flawed for a range of technical and legal reasons. With support from The Badger Trust, Tom Langton is now launching an appeal for a new legal case challenging aspects of failed, incomplete or irrational consideration in Defra’s ‘Next Steps’ 5th March policy guidance. Problems include the ignoring of key recommendations of the 2018 ‘Godfray report’, and the confining to a minor role of badger vaccination, both now and in the future. Additional grounds  relate to unaddressed consideration of ecological impacts of wildlife disturbance upon designated nature reserves.

It is important also to challenge the more recently and newly-invented approaches to badger culling in the Low Risk Area (LRA) of the north and east of England. In Cumbria, cattle brought over from Northern Ireland a few years ago with the bovine TB 17z strain have infected badgers locally. Here there is no restraint to the number of badgers killed. The approach shows the frightening sign of badger massacres to come, as alluded to in the 2020 policy if this approach cannot be stopped.

The poor epidemiology and the speculative ‘risk pathways’ approach of the Animal Plant and Health Agency add up to a policy out of control that must be halted. The licenses issued this June should be revoked and no new licenses issued this year, including for Derbyshire where culling was prevented last year.  The policies should be withdrawn and rethought over a minimum two-year cessation period with advice from stakeholders who have been overlooked.

Otherwise badgers face an unprecedented slaughter over the next two years and beyond, with the door to prolonged mass killing (as in R. o. Ireland since 2004) opening up and no mechanism in place to bring it to an end. These terrible policies must be challenged. Please help us try to help the badgers and promote effective approaches to bovine TB control with a donation if you can. Thank You.

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Badgers and bovine TB in 2020. Time for Change

With the turning of the year, Badger Crowd takes stock and looks to 2020.  On the face of it, the outcome of the general election has grim implications for badgers; the likely outcome is a continuation of the failing English  bTB policy. This brings an eighth year of increasing misery to farmers, the public and badgers. More premature death and suffering for thousands of cows and badgers in 2020 and more £ millions taxpayers money frittered away on poor policy decisions and flawed implementation. The aim of the work supportedby Badger Crowd, as always, is to focus actions in the right direction and to properly address the bTB disease epidemic.

Legal challenge applications against Supplementary Badger Culling in the Supreme Court and stayed cases brought by Tom Langton, sit in the slow judicial queue. These offer a chink of light in an otherwise dark landscape. But the work of the Badger Crowd extends beyond supporting legal challenges. Behind the scenes, there is a broad network of dozens of experienced, informed and dedicated volunteers, looking at and tackling the endless stream of misinformation and anti-badger propaganda.  Science, messaging, data gathering, monitoring, fundraising and legal issues must all be addressed by the extended professional and volunteer  network. The network is a force for badgers and the fight against bovine TB  that never stops. Many established badger groups and trusts lend support in many ways too.

Another government funded study was published this year using modelling to incorrectly make claims of success for badger culling in the ‘Pilot’ areas, pushed by a government propaganda campaign. This is despite advice from the Defra Chief Scientist in June 2019 that it will never be possible to separate any effects of badger culling from other interventions.  And last week, a genomics paper  has been published making controversial claims about bTB transmission between badgers and cattle at Woodchester Park in Gloucestershire. Experts have been looking hard at this, and have already given insightful advice to challenge the claims. Expect more on this early  in the New Year. Dedicated experts work together against a sea of officialdom, prejudice, poor science  and poor journalism.

We would also like to remember at this time of year particularly, all those who are out in the field, attacking the illegal blocking of badger setts and unlawful hunting of wild mammals. Sabotaging crime. We salute you again for your dedication and perseverance.

If you have donated to the legal funds, you have contributed to assist  important legal work, and we hope that there will be rewards next year. The Crowd fund has slowly moved to 80% and this is an immense achievement considering this gruelling, expensive and protracted battle. This seasonal  message is a huge thank you to all making this work possible in every way.

Press Release

A new pre-action letter has been sent to Defra and Natural England over ‘supplementary’ badger culling


Key Points

  • A pre-action protocol letter has been sent to the S/S for Food, Environment & Rural Affairs and Natural England over the governments refusal to stop supplementary badger culling.
  • ‘Confirmed’ bovine TB cattle herd breakdowns have risen in Gloucestershire and Somerset after one year of supplementary culling.

  • New calls for a halt to supplementary culling in Gloucestershire and Somerset, and for Dorset not to start this year.

  • Four weeks to go until the Court of Appeal re-examines a previous (2018) case challenging supplementary culling policy.  

There is mounting public scepticism over the science and justifications behind mass culling of badgers in England. Badger culling has increased steadily since 2013 as a part of the Government’s attempt to control the livestock disease bovine tuberculosis (bTB).

Supplementary culling is the killing of badgers for a further five years or more once four years of intensive culling have been completed.

Recent correspondence with the government and Natural England follows release of data on 8 April showing that ‘confirmed New Herd Breakdowns’ (NHBs) have risen since the 2017 implementation of Supplementary Culling in the Gloucestershire and Somerset cull areas. Confirmed NHB’s in Gloucestershire jumped from 10 to 23 cases.

Following release of the data, the claimant is taking further action against the government to stop the issue of supplementary cull licences and has written to DEFRA and Natural England to formally request that DEFRA withdraw the Supplementary Culling Guidance and NE revoke licenses issued under the supplementary cull policy. A response is expected in a week. Further legal proceedings may follow.

In any event, the Court of Appeal will hear a case brought by Tom Langton in 2018 scheduled for 2/3 July  which asks the Court to quash the supplementary cull policy guidance, issued in 2017. The hearing will also address other questions which have emerged over safeguards on protected nature sites from culling. The principal argument in the guidance case is that government lacked the necessary evidence and safeguards to justify the supplementary cull policy. The recent data on NHB confirms that supplementary culling is not associated with any bTB decline benefits and could well be contributing to policy and licensing failure.

Mr Langton, an ecologist who has worked on studies of wild animal diseases, is challenging alleged breaches of the Protection of Badgers Act 1992 by the government. In particular, he is challenging claims made by the Chief Scientific Officer Prof Ian Boyd that badger culling with an experimental approach could be a learning process, despite senior scientists and expert organisations in 2017 advising that such an approach might be counterproductive. He said:

‘’The government has indicated that it can adapt its policy on badger culling as further evidence becomes available. However, it is well established that it is not possible to definitively identify the source of bTB in cattle herds breakdowns, except in cases where a new strain of bTB has been imported through cattle trading or neighbour contact.

In truth, the badger culling policy is a policy with no stop button, and where there is no possibility of learning, just a direction to continue killing badgers forever, even if measures are not working. This repeats the mistakes made in The Republic of Ireland where badger killing for decades cannot be linked to any changes in disease levels.

The English bTB emergency requires crisis management as the current cattle testing regimes and movement controls are clearly failing.  The Supplementary Culling policy is a road to no-where. Killing for the sake of killing. There is no potential for linking cause to effect, no scientific learning, and for that reason the policy is unlawful. It cannot show, as is required, that it is preventing the spread of disease.’’

FURTHER INFORMATION

In consultations held for the badger killing policy in 2011, Natural England appeared to indicate that badger culling was unlikely to contribute to disease reduction if other bTB control measures in cattle were not working. This consultation wording has since been redacted and is now kept secret.

Natural England’s new Chairman, environmentalist Tony Juniper is faced with a dilemma. Is he prepared to license the updated policy, that was initially introduced by former (2009-2013) NE Chairman and dairy farmer Poul Christensen?  He has to decide over the next few days and weeks whether to agree to support an acceleration of badger killing by around 25% to 40,000 badgers annually, starting this September. This would take place despite the lack of evidence of any contribution to reduction in disease spread and evidence that the policy could be worsening the crisis.

Please help to support the case:

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