Tag Archives: northern ireland

What next for Northern Ireland’s bovine TB strategy?

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As Northern Ireland’s Department of Agriculture, Environment and Rural Affairs (DAERA) considers the fallout from the recent court judgement quashing their plan to shoot badgers in Northern Ireland, what does the future now hold for their bovine TB strategy?

DAERA’s current policy carried forward the main elements of the strategy proposed in 2016 by the government-appointed TB Strategy Partnership Group (TBSPG). The TBSPG was a government-industry partnership which included senior industry figures and former civil servants. Notably, no member of the group had any expertise or background in badgers or wildlife.

Soon after its appointment, the TBSPG met with stakeholders to ‘seek their views’. Even at that early stage, the TBSPG made it clear that they thought a badger cull was necessary. There was a clear impression that they had already decided on a badger cull before any evidence-gathering or engagement, meaningful or otherwise, had taken place.

The TBSPG was succeeded in 2018 by another industry-led group, the TB Eradication Partnership (TBEP), under the same TBSPG Chairman. Similarly, the TBEP exhibited equal enthusiasm for a badger cull, with apparent little regard for the views of the badger/wildlife side. You can read about the TBEP membership in this Protect the Wild blog.

Following the recent successful Judicial Review taken by Wild Justice and the Northern Ireland Badger Group, any further attempt by DAERA to progress a badger intervention will require a new public consultation. Given the shambolic nature of the last consultation, any new proposal will require root and branch revision to have any chance of succeeding.

Meanwhile, two major pieces of significant and highly relevant new research have emerged.

Firstly, a comprehensive analysis of bovine TB data by Langton et al. failed to identify a meaningful effect of badger culling on bovine TB in English cattle herds. Instead, reductions in cattle TB incidence and prevalence showed a strong correlation with the introduction of cattle-based disease control measures.

Secondly, a study carried out by scientists at the Northern Ireland Agri-Food and Biosciences Institute (AFBI) found that cattle-to-cattle transmission was by far the most common form of disease spread. Cattle-to-badger transmission was considerably more common than badger-to-cattle transmission, and no badger-to-badger transmission was detected.

The science makes it increasingly clear that ineffective herd testing and the two million cattle movements annually are driving the persistence and spread of bovine TB in Northern Ireland, not badgers. As the body of evidence exonerating badgers builds, DAERA will surely struggle to justify any new badger removal proposal.

As it turned out, DAERA’s (now defeated) decision to implement an indiscriminate and cruellest possible badger cull was a spectacular own goal and a decisive setback to their bovine TB strategy. The responsibility for this debacle lies squarely with the architects of the strategy and those in the industry who supported and enabled it.

Perhaps predictably, the decision to inflict unacceptable suffering on large numbers of healthy badgers served to galvanise the conservation and animal protection sectors in opposition to the plan.

For its part, the badger side has seen its good faith and willingness to engage thrown back in its face. Confidence and trust in the process have been seriously undermined. The government has squandered yet another opportunity to make meaningful progress.

This is a watershed moment for DAERA and the industry. They can choose to embrace the science and tackle the reservoir of undetected infection in cattle, or they can continue to scapegoat badgers and face further legal challenges and delays.

Belfast Court Rules Northern Ireland Badger Cull Plans Were Flawed

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Mr Justice Scoffield has quashed the NI government attempt to introduce controversial  badger culling to Northern Ireland. Granting a judicial review brought by wildlife NGO’s funded by public donation, he said that  consultees were not told enough – and in sufficiently clear terms – to enable them to make an intelligent response in the consultation exercise. The ruling concludes:

“The court was unimpressed by the respondent’s argument that disclosure of the business case would be too complicated or distracting for would-be consultees,”

“The fact that consultees did their best to respond on the basis of the more limited set of information which had been disclosed to them does not alter the respondent’s obligation to act fairly.”

In September 2022 year Legal Campaigners Wild Justice with Northern Ireland Badger Group (NIBG)  were granted a High Court hearing at the Royal Courts of Justice in  Belfast to challenge a cull of badgers in Northern Ireland HERE and HERE.

This legal claim contested a decision announced in March 2022 by the Minister for Agriculture, Environment and Rural Affairs (DAERA), Edwin Poots, to allow killing of up to 4,000 badgers a year along the lines that DEFRA has been mass killing healthy badgers in England since 2013. The primary target was a decision of 24 March 2022 – set out in a statement made by the Minister that day and in a ‘Bovine Tuberculosis Strategy for Northern Ireland’ published by the Department shortly afterwards.

The claim brought was that consultation on the policy was incorrect and did not reach the requirements of lawful consultation. So, the decision to choose to control the badger population by allowing farmer-led groups to shoot free-roaming badgers was unlawful. The judge agreed.

The claim argued that Mr Poots’ decision is unlawful because he issued the Article 13 (power to destroy wildlife) order under the Diseases of Animals 1981 Order, but that he had not made sure that there was no reasonably practicable alternative way of dealing with bovine TB in Northern Ireland.

Finally, the consultation had proposed shooting badgers as a preferred option, based on a “business case” which was not disclosed as part of the consultation documents. Because of this the consultation was not a fair procedure as those consulted were prevented from having a properly informed response without seeing it. Comparisons with Test Vaccinate Remove (TVR) approaches had not been fairly made and an APHA position that firmly place TVR approaches “on a par with proactive culling with respect to impact on cattle herd breakdowns”  was not properly addressed.

As previously reported, with the help of the Northern Ireland farming industry press, the farming sector was being hoodwinked into thinking that badger culling could somehow help them. DAERA had been busy promoting badger culling with ‘roadshows’ making exaggerated claims, disseminating misinformation and use other propaganda tricks to try to garner cooperation.

All the lessons from England including the question marks over government badger culling science, going back to the 1990s are relevant too.  It was barely possible to believe, after year-on-year failure in England and the Republic of Ireland, that DAERA wished to ignore their inadequate cattle controls and cull badgers over the next 10 years across Northern Ireland.

Also proposed was an element of experimental badger vaccination after the mass slaughter, a policy that government appointed experts in England in 2018 said was an unproven approach to the control of bTB in cattle.

DAERA may decide to appeal the decision or more likely to reconsult with a business plan that they have held secret, and will no doubt need to rewrite. Will they now go down the TVR route or cull and TVR – this too would be a huge mistake? With the present absence of an Executive and sitting Assembly at Stormont, it is unlikely that authorisation could be given in any case, even with a new consulted plan. What DAERA should do is think again. Even more new science has emerged since the claim began, showing why badger culling policy science has gone so badly wrong and culling badgers in any way is unnecessary.

Huge congratulations to Northern Ireland Badger Group and Wild Justice for bringing the case and to all those supporting the case and opposing the flawed consultation process.

Badgers back in (Belfast) court

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With the use of the farming industry press, the farming sector is being hoodwinked into thinking that badger culling could somehow help them. Or is badger culling perhaps, as in England, being used as a delaying tactic and distraction from real epidemiological solutions that would prevent both disease and help end dependence on constant public subsidy?

In 2021, the Northern Ireland Department of Agriculture, Environment and Rural Affairs (DAERA) announced proposals to copy English-style badger culling in Northern Ireland. As a result, a legal challenge to this will take place on Monday 21 November next week,  with a one-day judicial hearing by the Department of Justice at the Royal Courts of Justice in Belfast.

It will be the most important day for NI badgers for decades, although the outcome may take months to be announced. The hearing is open to the public to observe in person, and it is listed to start at 10.00 am.

Year-on-year failure

It is barely possible to believe, after year-on-year failure in England and the Republic of Ireland, that DAERA wish to draw a veil over their inadequate cattle controls and cull around 10,000 badgers over the next 10 years across Northern Ireland. With an estimated 2,400-3,200 badger adults and cubs to be killed within the first four-year period, and then supplementary culling for perhaps a further 5 or more years, adopting the unsuccessful 70-96% kill technique attempted in England.

Also proposed is an element of experimental badger vaccination after the mass slaughter, a policy that government appointed experts in England say is an unproven approach to the control bTB in cattle. The ongoing badger culls in England and the Republic of Ireland (RoI) suggest that the DAERA estimates and timescales could prove to be over-optimistic. Twenty years on, the RoI is still culling badgers and still failing to eradicate bTB from its national herd. It hasn’t worked, and since the free movement of diseased cattle continues, it is not a surprise.

The NI legal challenge made earlier this year by Wild Justice and NI Badger Group, is that the consultation by DAERA on options to control the badger population to tackle bovine tuberculosis (bTB) did not meet the requirements for a lawful consultation. The DAERA consultation referenced a ‘business case’ for the cull but failed to make the document available for scrutiny, and for some mysterious reason it has been withheld. Perhaps that is because it doesn’t stack up and is little more than guesswork?

Therefore, the resulting decision to choose to greatly diminish the badger population by allowing farmer-led groups to shoot at free-roaming badgers at night is also, it is argued, unlawful.  On 9th September, a presiding judge at Belfast’s High Court, The Honourable Mr Justice Scoffield, agreed that the challenges were arguable and hence the hearing date was set.

Wild Justice, with others, also argue that DAERA Minister Edwin Poots’ decision, announced in March 2022, to allow farmer-led companies to shoot an average of 1,000 badgers a year, is unlawful because he issued the Article 13 (power to destroy wildlife) order under the Diseases of Animals (Northern Ireland) 1981 Order.  Controversial climate-change denier Poots, did this without making sure that there is no reasonably practicable alternative way of dealing with bovine TB across Northern Ireland.  In September, Mr Justice Scoffield ‘stayed’ a decision on this challenge for consideration later, perhaps when the first two grounds are decided.

Competence of veterinary bodies and advisors

As in England, the competence of veterinary bodies and advisors within government is under close scrutiny, with advice from the ‘cattle vet’ contingent on maintaining intensive beef and dairy production being called into question. They disregard the fact that bTB is changing at similar rates in Wales and England, with Wales not culling badgers.

Now DAERA are busy promoting badger culling with ‘roadshows’ which make exaggerated claims, disseminate misinformation and use other propaganda tricks to force their proposed wishes on the public. See for example:

https://www.farmersjournal.ie/daera-set-out-aims-of-targeted-badger-cull-730904

https://www.farminglife.com/business/farmer-levy-to-fund-btb-badger-cull-3897714

https://www.impartialreporter.com/news/23083437.fermanagh-farmers-hear-tb-eradication-measures-begin-2023/

TB Eradication Partnership (TBEP) Chair Sean Hogan promoting badger shooting on BBC Radio Ulster (from 21.20): 
https://www.bbc.co.uk/programmes/m001d4rx

There is evidence that all the bully-boy tactics used in England will be used in NI.  At a recent roadshow in Armagh, farmers were apparently told that DAERA would, if necessary, invoke the Diseases of Animals Order to cull badgers on lands where the owner refuses permission.

If the JR case is won, DAERA’s credibility would be seriously damaged and the policy would be required to go back out to consultation, perhaps even without an Assembly.  An Assembly could reconvene before fresh elections are announced. But a fresh decision on the outcome would probably need Ministerial authorisation if significant changes were made to the proposals.

The assessment of ecological-impacts question also remains unaddressed

This case may also remind DAERA of another ‘ticking time bomb’ within its proposals only to carry out ‘preliminary ecological assessment’ to form a baseline to monitor badger culling impacts on designated sites and species. Proposals are completely insufficient and don’t even reach the almost non-existent care taken by Natural England in England. Legal challenges in England since 2017 imply that any NI action licensing the culls would be subject to JR, due to inadequate assessment and monitoring of culling impacts in the way described within the various English High Court legal proceedings. Failure to form an adequate baseline and credible monitoring methods could bring any badger cull decision to a grinding halt even if a go ahead was given.

“Insanity is doing the same thing over and over and expecting different results.”

DAERA has created an almighty mess in trying to copy the failed English culls and is heading for a fall. We can only hope that justice is done and this cruel, unscientific and useless killing of protected wild mammals is confined to the history books marked ‘fail’, where it belongs.