19th July 2012
The Badger Trust has today lodged a written appeal against the High Court’s failure to quash the Coalition Government’s decision to kill badgers in England.
The Trust will seek permission to appeal on the following grounds:
1. Mr Justice Ouseley erred in law in holding that section 10(2)(a) of the Protection of Badgers Act 1992 could be used to grant licences for mass badger culling in order to reduce the incidence of disease marginally, when it would prompt rather than prevent the spread of disease within an area. At the judicial review hearing in June, it was accepted that culling will spread the disease and, only after 9 years, produce a marginal slowdown in the rate of new TB incidences (12-16% is the best case scenario if the RBCT methodology were to be followed precisely: it is not).
2. The learned judge erred in law in rejecting the Badger Trust’s arguments on the flawed cost impact assessment underpinning DEFRA’s culling decision. At the hearing, the judge noted that a DIY cull by farmers free-shooting comes at a net cost to farmers. Cage-trapping and shooting, which may well be required after the first year, would be ten times as expensive.
3. The learned judge erred in law in holding that a function of the Secretary of State when done by Natural England pursuant to an agreement under section 78 of the Natural Environment and Rural Communities Act 2006 thus becomes one of Natural England’s own functions. Thus, he erred in holding that DEFRA’s Guidance to Natural England was lawfully made.
The Badger Trust has not taken the decision to proceed to the Court of Appeal lightly. It underlines the Trust’s strong belief that the Government’s proposals to kill badgers in England are likely to do more harm than good. The science remains unaltered: culling badgers can make no meaningful contribution to the eradication of bovine TB in Britain and cattle-based measures stringently applied would be sufficient. Culling badgers (in the hopes of reducing incidence by 12-16% after 9 years) is a costly distraction from 84% of the problem. The death toll could be at least 40,000 badgers and possibly as many as 130,000 according to Natural England.
DEFRA has refused to reveal where the culls will take place or when the shooting will start, which raises serious concerns for the public and non-participating farmers who will be at risk of TB breakdowns on their land as badgers flee the cull.
The Badger Trust is determined to concentrate its resources and efforts on continuing to protect the welfare of the badger for the public benefit. The local badger groups and the Trust’s supporters expect nothing less, as has been made clear in the many supportive messages received since the judgment was handed down on 12 July.
As the only organisation solely dedicated to the protection and conservation of badgers, the Trust will continue to do everything possible to ensure the safe survival of this iconic species.