Defra have responded this afternoon about how they are handling Tom Langton’s legal challenge to the recent badger culling consultation, that closed just before the General Election was announced last week. A Pre-Action Protocol letter challenged the lawfulness of Defra’s ‘targeted badger intervention’ policy consultation for several reasons and today Defra were responding about their intentions in the weeks to come.
Defra said they are “continuing to analyse consultation responses with a view to putting proposals for a decision on this policy to the incoming government after the election.”
This is good news at least in the short term. A new policy will not be put in place by the current Conservative government. But it also implies that Defra may seek to defend the claim that the consultation was unfair, which is disappointing.
Defra also say that they want an extra two weeks to consider the PAP letter, but we will learn their position on 14th June. Defra should drop the consultation, recognise its failings and accept that badger culling has no future at all in bovine tuberculosis control in cattle.
In March Rishi Sunak seemed intent on killing all the badgers by giving sweeping powers and a very free hand to the Chief Veterinary Officer to cull up to 100% of badgers in areas she deemed appropriate. Now he has now called a General Election for July 4th , which means that Parliament will be prorogued tomorrow, 24 May, and dissolved on 30th May. The public will vote 25 working days later. Government actions are limited during the election campaign ‘pre-election period’ that was previously known as ‘purdah’. The shut-down helps to ensure that public money is not used to support campaigning by the political party in power, and to maintain the impartiality of the civil service.
This could be good news for bovine TB control and badgers if the outcome is that the government does not let the National Farmers Union dominate and dictate its actions, as it has for so long.
30th May is also the date by which DEFRA must respond to the Pre-Action Protocol (PAP) letter issued on 16th May that was supported and funded by The Badger Crowd. We should soon learn what Defra intends to do in response. What are their options? And what will the government that takes over in six weeks’ time be likely to do?
Defra could accept that the consultation was botched and shut it down by doing nothing. The PAP letter gives them the option to withdraw the proposals or to reconsult, which would now be after the election. This is likely to mean that it would now receive a new political steer. The PAP letter also asks that no future proposals are decided before a legal challenge is disposed of – i.e. dismissed or heard in a court trial.
Defra could accept that the consultation was rushed out too hastily without proper consideration, just in case of an early general election and so needs a total rethink. Alternatively, they could try to rush a formal response through next week, so that the principle of ‘targeted culling’ is established before a change of government. They could either keep Natural England licensing or continue to re-badge the NE Bristol licensing office as one of Defra’s own. However, this now looks like a very tall order in the limited time available.
What will the Lib Dems do? Like Labour they will be looking to take back and win over seats in the southwest, in areas where livestock farming dominates the landscape. Not making badger culling a big election issue looks likely to remain important to both political parties, and both are likely to remain tight-lipped. Labour has previously pledged to scrap badger culling, and are the party most likely to hold power next.
Whoever wins the election will be responsible for the bigger challenge of putting in place the appropriate cattle-based measures that will drive down the disease that is embedded in chronic cattle herds. This will have to involve tough restrictions that will cause the beef and dairy to contract. This is something the NFU have resisted and put off, while at the same time holding out a hand for compensation. It’s no easy choice for whoever wins the election. Scrapping badger culling should be an easy decision, but what will really count is making the necessary changes to testing using the expertise pioneered by Dick Sibley in Devon. That might mean scrapping the ineffective BTB Partnership and setting up something that understands the science of the problem, and how to address the problems without reverting to the lay-beliefs of many rural cattle vets, based upon dogma and misinformation from government.
The winning government might also instigate a rapid review of bovine TB control needs early on. Whatever happens next, the actions of Badger Crowd have again been highly effective. Legal letters sent to Defra on 19th and 28th March demanded an extra 3 weeks of consultation time, which gave the legal team time to submit the PAP challenging the legality of the consultation. All of the three legal challenges supported by Badger Crowd since 2017 have been accepted for trial by the High Court, and it would be great if a fourth substantive hearing is now not needed. This would allow time and resources to be better spent, redeployed protecting badgers and dealing with bovine disease in meaningful ways.
Yet again we can dare to find optimism for the future. Let’s hope that it won’t be dashed as it has been so often over the last ten years. The science is clear that badger culling does not work and plays no role in reducing infections in cattle herds. It has to stop. It must stop.
Tom Langton who has figure headed the legal challenges since 2017 said:
“This looks very much more than the beginning of the end. We have fought hard for seven years to highlight the legal and scientific case against badger culling, with breakthroughs more recently, and exposure of actions that are not in the public interest. Of great concern has been the ‘tribal’ behaviour of civil servants and wilful blindness that shows hallmarks of both the blood transfusion and post office scandals. Yet ‘badger blame’ has been ongoing for 50 years now. Thanks to better understanding of the issues involved, we can now start to see the mistakes and misjudgements of the past. The new government will need to focus on how to lower the rates of transmission of bovine TB, much as was done with Covid-19 in humans. This will bring tough times for the beef and dairy industry, but it has to be done to interrupt the dependency on public subsidy, stop the wide range of collateral damage to rural life and the environment that it has caused in recent decades, and finally see progress in eliminating this horrible infection”.
Thanks, and good wishes to all who have supported the Badger Crowd fight against badger culling.
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.
There has been a positive step forward.
In March Rishi Sunak seemed intent on 