Spring, 2012 Newsletter

Today, the Badger Trust will lodge a claim in the High Court to seek a Judicial Review of DEFRA’s decision of 14^th December 2011 to kill badgers in England. The Trust continues to do all it can to prevent the proposed ‘DIY’ farmer-led cull, which will not benefit badgers, cattle, farmers, rural communities or the tax-payer.

This action to have the decision quashed follows extensive legal and scientific advice as well as correspondence and meetings with DEFRA to clarify its position on the many issues of concern to the Trust. The Badger Trust and a majority of the public consider that the cull poses serious risks to cattle and badgers. The methodology for evaluating any results from the cull is also defective. Before now it was unclear what DEFRA had actually decided, and what remained to be decided following the ‘pilot’ culls planned for late 2012 in Gloucestershire and Somerset. In light of DEFRA’s various responses, the Trust has now concluded that the decision is unlawful and should be quashed.

The Trust will ask the court to overturn DEFRA’s decision on the basis of three grounds:

1. The Secretary of State has authorised Natural England to issue licences to reduce the rate of new incidences of bovine TB (although she expects a mere 12-16% reduction in bTB after 9 years at a huge net cost to the farmer). However, ‘reducing incidence’ is not the purpose for which the legal power was granted. The culls proposed will not meet the strict legal test of “preventing the spread of disease” in the areas being licensed, and may in fact amount to a recipe for spreading the disease. DEFRA’s own evidence confirms that the proposed cull would in fact prompt the spread of disease in and around the cull zones. Badger Trust considers that this is entirely antithetical to the aims in the strict test set down in section 10(2)(a) of the Protection of Badgers Act 1992.
2. The cost impact assessment underpinning DEFRA’s decision is flawed, as its cost assumptions are based on the farmer free-shooting option (this is estimated to be approximately ten times cheaper than cage-trapping badgers before killing them). However, after the first year of piloting the cull plans, the free-shooting method may be ruled out for being inhumane, ineffective or unsafe to the public. In that case, farmers will find themselves legally obliged to continue the cull on the much more costly “trap and shoot” basis until the end of the 4-year licence. This is a significant cost risk for farmers, yet it is not properly reflected in the cost impact assessment which underpinned DEFRA’s decision. The Secretary of State did not ask herself the right questions so as to obtain crucial information on costs. Badger Trust considers that this renders the decision entirely unlawful. Given the poor cost-benefit prognosis for the cull, the Trust also hopes that Parliament and the farming community will now carefully reconsider DEFRA’s ‘Big Society’ DIY cull plans.
3. Guidance which DEFRA issued to Natural England is invalid. Under section 15(2) of the Natural Environment and Rural Communities Act 2006 the Secretary of State may issue guidance to Natural England as to how Natural England should exercise its functions. However, killing badgers is not one of Natural England’s original functions, which are mainly focussed on maintaining biodiversity. Even though DEFRA is making Natural England responsible for the licensing arrangements, under section 10(2)(a) of the Protection of Badgers Act 1992, culling badgers ‘for the prevention of spread of disease’ remains the Secretary of State’s own function. Thus, she had no legal power to issue section 15 guidance to Natural England in these circumstances.

The Badger Trust’s decision to bring this challenge arises from the following convictions and obligations which flow from them:

• ·         Culling badgers as proposed (whether by free-shooting or trapping and shooting) can make no meaningful contribution to the eradication of bTB and risks making matters worse. Stricter cattle measures – as 10 years of taxpayer-funded independent research have concluded – will beat the disease.

• ·         The badger appears to be a scapegoat for an industry that underrates the risk of cattle-to-cattle transmission, and one which has reportedly experienced a significant number of incidents of poor animal husbandry, fraud and flouting of cattle management regulations.

The Trust’s solicitor, Gwendolen Morgan of Bindmans LLP, said: “We have identified some serious flaws in the way by which the Secretary of State reached her decision to cull badgers. Given that DEFRA’s proposals come at an enormous cost to farmers, and threaten to prompt rather than prevent the spread of disease, we hope that this ill-conceived decision will be struck down by the court.”

Pat Hayden, vice chairman of Badger Trust said: “Despite opposition from the majority of the public who responded to the Government’s consultations and stark warnings from many eminent independent scientists, it is astonishing that DEFRA has given the green light to a badger cull. Badger Trust will exhaust all peaceful, legal avenues of challenge to prevent this wrong-headed cull from going ahead.”

The Badger Trust has sent a letter to the Department of Environment, Food and Rural Affairs giving them notice of the grounds of challenge which the Badger Trust intends to pursue if DEFRA does not set aside its decision to kill badgers in its measures to eradicate bovine tuberculosis. DEFRA’s final position should be known by 17 February.

David Williams, chairman of the Badger Trust, said: “The Badger Trust has responded in detail to both DEFRA’s consultation papers on culling and suggested viable alternatives. However, our concerns that the culls proposed will actually spread the disease have not been heeded. In the light of this and our concerns over the legality of the decision, we would be failing in our duty to badgers if we did not pursue a legal challenge despite the difficulty and cost risks involved. If there is an opportunity to save many thousands of healthy badgers, as there is here, we must take it on behalf of the many local badger groups and supporters on whose behalf the Badger Trust works. If successful it would also save farmers the expense of a policy which would not benefit them.

“Once again the Badger Trust leads the way in defence of this iconic indigenous mammal by challenging the legal basis of the Government’s decision. In April 2011 the Badger Trust, with the support of Pembrokeshire Against the Cull, embarked on legal proceedings to quash a second Order of the then Welsh Assembly Government to destroy badgers. As a result of the Badger Trust’s challenge, the matter was suspended pending the outcome of a comprehensive scientific review ordered by the new Welsh Government”.

The Badger Trust’s present action follows extensive legal advice as well as correspondence with DEFRA Ministers and officials to clarify the Department’s position on many topics of concern. Officers of the Badger Trust have also had several discussions with Ministers in person before the decision was announced. Matters raised included what has been decided, what else remains to be decided, when, and the process of implementation.

In short, the Badger Badger Trust considers that:

1.     the culls proposed will not meet the strict legal test of “preventing the spread of disease” in the areas being licensed, and may amount to a recipe for spreading the disease. Quite contrary to the aims in the strict test set down in section 10(2)(a) of the Protection of Badgers Act 1992, DEFRA’s own evidence confirms that the proposed cull will in fact increase the spread of the disease in and around the cull zones. This is because a campaign of culling inevitably disrupts badgers’ normally stable social structures and causes them to roam further in search of food and territory, thereby prompting the spread of disease. Badgers outside the area culled are also likely to roam inward and take over the culled badgers setts. (This phenomenon is specific to badger ecology and social behaviour and is known as “perturbation”). Many cattle farmers in and around the cull zones are understandably very concerned about the risk that bovine TB will be spread onto their land as a result of the cull.

2.     DEFRA’s cost impact assessment underpinning the decision is flawed because the cost assumptions are based on the free-shooting option which is assumed to be much cheaper. However, in correspondence with the Badger Trust, DEFRA recently confirmed that, if after the first year of piloting the plans, free-shooting is ruled out for being inhumane, ineffective or unsafe, then farmers will be legally obliged to continue the cull on a much more costly “trap and shoot” basis for the remaining years of their licence  (and farmers will have to make a further upfront financial deposit on this basis plus a contingency sum of 25 per cent). These are significant cost risks for farmers but they are not properly reflected in the cost impact assessment which underpinned DEFRA’s decision. This may render the decision unlawful. (Farmers would be well advised to study the impact assessment which concludes that they will be out of pocket, even if free shooting were to be approved.)

3.    the guidance which DEFRA issued to Natural England is invalid. The Secretary of State issued guidance to Natural England under section 15(2) of the Natural Environment and Rural Communities Act 2006 as to how Natural England should exercise its functions. However, killing badgers is not in fact one of Natural England’s functions, which are mainly focussed on maintaining biodiversity. Even though DEFRA is making Natural England responsible for the administrative arrangements this does not mean that culling becomes one of Natural England’s functions. Therefore, the guidance was not correctly devised.

The Badger Trust will issue a statement on whether proceedings are necessary once it has studied DEFRA’s response. This is expected by 17 February.

CONTACT:

Jack Reedy, Badger Trust

01564  783129  or              0775 173 1107

Gwendolen Morgan, Bindmans

12^th January 2012

As seven criminals were being sentenced [1] at Scarborough for causing  the “horrific and barbaric” deaths of two badgers ripped apart by dogs, the Badger Trust was one of 15 leading wildlife organisations who sent a joint statement to a national newspaper in response to their article printed on 3rd January [2].

Following convictions on December 19th, RSPCA inspector Geoff Edmond, a key professional supporter of Operation Meles, said: “I have been in this job for 20 years and this was the worst, most horrific badger case I’ve ever had to deal with. Seeing the foetus that day was one of the most distressing things I’ve come across.”  Wildlife artist Robert Fuller and a friend spotted the incident and were commended for taking pictures, later used as evidence, and calling the police.

This is the text of the joint statement:

Your article “Badger baiting has been illegal since 1835 so why is it making a comeback?” (January 3^rd, 2012) made horrific reading, exposing not only the unimaginable suffering of badgers illegally baited but also the extent of cruelty to many other species illegally pursued, tortured and killed by people using vicious dogs as status symbols.

The article has inspired us, the undersigned, to unite as representatives of the animal welfare community and as concerned, compassionate individuals to unanimously condemn this appalling criminality.  We ask for increased vigilance from users of the countryside who may be in a position to catch these despicable criminals in action or as landowners to prevent their access.  Cruelty to animals in this way is barbaric and the perpetrators must be brought to justice and feel the full force of the law for their illegal activities.  There should be a zero tolerance policy by the authorities for those caught.  It is already evident that more and more people are prepared to show courage by reporting sightings of suspected wildlife crime, gathering evidence and helping to prosecute those involved.

This inhumane and illegal activity must stop.  The advice for anyone who suspects badger baiting or any crime against wildlife is taking place is as follows.  Members of the public should always avoid putting themselves in danger.  Where possible, details of location, vehicles involved (colour, make, registration number) should be obtained, plus descriptions of perpetrators and ideally, photographs.  Then move quietly out of sight and earshot and ring 999 immediately to pass on the details, ask for immediate attendance by the police and obtain an incident number.

We hope that many other organisations and caring individuals will unite with us in our campaign against cruelty in the countryside by e-mailingoffice@duckproductions.co.uk  in order that their signature can be added to future publicity.

(Signed)

Save Me, (Dr. Brian May, Founder)

Badger Protection League, (umbrella organisation representing other groups and celebrities)

Badger Trust, (David Williams, Chairman)

Born Free Foundation, (Virginia McKenna, Founder)

Born Free Foundation, (Will Travers, CEO)

Conservatives Against Fox Hunting, (Lorraine Platt, Co-founder)

Hare Preservation Trust, (John Rimmington, Press Officer)

Harper Asprey Wildlife Rescue, (Anne Brummer, Founder)

Humane Society International/UK, (Mark Jones, Executive Director)

IASJ (Animal protection think tank, Dr. Dan Lyons, CEO)

International Fund for Animal Welfare, (Robbie Marsland, Director

League Against Cruel Sports, (Joe Duckworth, CEO)

Network for Animals, (Andrew Plumbly, Executive Director)

OneKind, (Libby Anderson, Acting Chief Executive)

RSPCA, (David Bowles Director of Communications)

Secret World Wildlife Rescue, (Pauline Kidner, Founder)

CONTACT

Jack Reedy

01564 783129

0775 173 1107

[1] Four men, Alan Alexander, 32, from York, Richard Simpson, 37, from York, Paul Ian Tindall, 31, from York, and William Edward Anderson, 26, from Pickering pleaded not guilty and were each sentenced to 16 weeks’ imprisonment. Forfeiture orders were also made for the guns owned by Alexander and Anderson. Two more who pleaded guilty, Christopher Martin Holmes, 28, and Malcolm David Warner, 28, of York were both given 12 weeks’ imprisonment, suspended for 12 months. They were also ordered to carry out 200 hours of unpaid work.

A 17-year-old from York, who cannot be named for legal reasons, was given a Youth Rehabilitation programme, ordered to carry out 10 sessions with the RSPCA’s Animal Cruelty and Care Unit and to attend 18 Thinking and Behaviour sessions with supervision.

[2] http://www.guardian.co.uk/world/2012/jan/03/badger-baiting-on-increase

Operation Meles – Partners working together to combat badger persecution by gathering intelligence and targeting offenders

As part of an ongoing operation “Operation Meles” the public are being asked to be on the alert for any suspicious behaviour they see at or near badger setts they may know about. Historically between now and the end of April is the time of the year when badger baiters are at their most active and setts are under threat now. Badgers will be well into the breeding season and pregnant females and subsequently females with cubs will be targeted. If groups of men with dogs are seen acting suspiciously the public are urged to telephone the police as soon as possible. Alternately call Crime Stoppers on 0800 555 111 or your local animal welfare charity[1]. However they are also warned not to get directly involved as some of the people engaged in this type of crime can be extremely violent.

Badger illegally killed in Lancashire

A gang of men caught and found guilty of baiting badgers were today (10/01/12) sentenced at Scarborough Magistrates court with four receiving prison sentences of 16 weeks, two were given suspended 12 week sentences and one juvenile was ordered to carry out voluntary work.

Two badgers were found dead having been ripped apart by dogs including a female badger whose unborn cubs were torn from her body by the dogs controlled by these criminals. It is thought that a third badger was also killed or at least seriously injured as only the tail of the animal was found.

Without the courageous intervention of a member of the public this case would never have come to court. Please help us to stamp out this horrendous type of crime and abject cruelty inflicted on both the badgers and the dogs used to commit these offences.

Ian Hutchison
UK Crime Prevention Lead
01356624851

Operation Meles – Partners working together to combat badger persecution by gathering intelligence and targeting offenders

RSPCA 0300 1234 999

SSPCA 03000 999 999

USPCA 07739 948 520

Badger Trust 08458 287878

Despite our joint best efforts, 2011 has ended on a sad note for badgers with the Government’s announcement of a pilot cull in England in the Autumn of 2012.

However, all is not yet lost and within Badger Trust we are determined to do everything possible to oppose the unwarranted slaughter of badgers. Once again we shall ask for your help in doing so, in the knowledge that you have all supported us wholeheartedly on previous occasions and will no doubt do so again in the future. We have already received many kind cards and messages and it is encouraging to know that we have so many friends willing to assist.

Until we know exactly what legal steps we can take to oppose the decision announced by Caroline Spelman, there are one or two things you can continue to do. The first (if you have not already done so) is to visit the Badger Trust website www.badgertrust.org.uk in order to sign the 38 Degrees petition against the culling of badgers. The link to this can be found on the Home page, it takes a moment or two to do and please encourage your friends to do likewise. The second helpful action is to continue to write letters to your MP, the Prime Minister, the Secretary of State for the Environment, saying in your own words exactly how you feel about the decision which has been made. We do not intend to put words into your mouth, it is far more effective for each of you to voice your own views. Even at this stage, the weight of public opinion can help to make a difference. Perhaps you can find half an hour during the festive season to compose a letter – the MP’s are obliged to reply so it does help to focus their minds! I sincerely hope that by this time next year, with your help, the situation will have changed for the better.

Meanwhile, on behalf of the Directors and staff of Badger Trust, I should like to wish you and your families a very happy and restful Christmas. We hope that the New Year brings you everything you wish for yourselves and that our badgers are allowed to live peacefully and safely, without interference from the human race.

Kind regards,

Dave Williams,
Chairman.

Tens of thousands of healthy badgers to die.

The Badger Trust has been advised by Caroline Spelman, Secretary of State for the Environment, that she has decided to proceed with the two pilot culls to determine the efficacy and humaneness of the free-shooting of badgers. Her statement was expected on 15th December but was made after Prime Minister’s Question Time today, Wednesday 14th December 2011. We have also been made aware that Guidance Notes will be issued to Natural England tomorrow.
David Williams, Chairman of the Badger Trust said: “We are clearly very disappointed by this decision but now that it has been made, we will be studying it with our legal advisors to determine what action we shall take.”

The Badger Trust warmly welcomes the Welsh Government’s decision to implement nationally a voluntary scheme for cattle passports to record when animals were last TB tested for bovine tuberculosis [1]. North Wales farmers have already been attaching special stickers to passports in a one-year pilot programme.
Peredur Hughes of the Caernarfon Regional TB Eradication Board said the stickers had become an invaluable tool for the farming industry. “It is a quick and efficient way to identify when cattle have been TB tested, whether going through the mart or sold from farm to farm”, he said.
David Williams, chairman of the Badger Trust, commented: “We welcome this essential move to reduce cattle-to-cattle infection, although the Trust urges the Welsh Government to make the scheme obligatory. The pilot trial has shown that this simple, inexpensive idea — which we suggested in 2000 [2] — works, and we urge the Welsh Government to think again as this scheme should have been made compulsory long ago”.
NOTES:
[1] http://www.newswales.co.uk/?section=Agriculture&F=1&id=23231
[2] Press release by the National Federation of Badger Groups (now the Badger Trust), July 12th, 2000
CONTACT:
Jack Reedy
01564 783129
0775 173 1107
Badger Trust is the only charity dedicated to the conservation of badgers throughout England, Wales and all Ireland.
PO Box 708, EAST GRINSTEAD, RH19 2WN
Tel: 08458 287878 Fax: 02380 233896
E-mail press@badgertrust.org.uk
www.badgertrust.org.uk
Registered charity no.1111440
Company registered in the UK No.5460677