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Badger cull ruled legal in England Badger cull ruled legal in England
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The government's controversial plan to allow the killing of thousands of badgers has been ruled legal by a high court judge. The Badger Trust had argued that neither science nor the law justified the cull. The Badger Trust lost its judicial review of the government's controversial plan to allow the killing of thousands of badgers on Thursday. The result means culls, aimed at reducing tuberculosis (TB) in cattle, could begin as early as September in Devon and Gloucestershire.
Caroline Spelman, the secretary of state for environment, believes the cull is necessary to curb the rising number of tuberculosis infections in cattle, which led farmers to slaughter 25,000 animals in 2010 alone. Pat Hayden, vice-chair of the trust, expressed deep disappointment but said: "How we feel is much less important than the impact on the species we exist to protect. We owe it to our members to do our utmost to protect badgers." The trust is now considering an appeal.
Jeff Hayden, of the Badger Trust, said it had a duty to make the high court challenge. "We are neither bunny huggers nor violent activists and we really don't think it will help reduce TB in cattle." "We are pleased with the judgment," said a spokesman for the Department for Environment, Food and Rural Affairs (Defra). "No one wants to cull badgers but in 2011 bovine TB led to the slaughter of over 26,000 cattle and to help eradicate the disease it needs to be tackled in badgers. We will continue to work with the farming industry so badger control in two pilot areas can start as soon as is practical."
In court, the Badger Trust's legal team had argued that the cull would break the 1992 law protecting badgers, which only allows culling to "prevent the spread of disease". The judicial review considered only legal arguments, not scientific ones. In the course of the hearing, the government accepted that a landmark decade-long trial had shown that fleeing badgers carried TB to new areas. That trial found that, at best, TB incidence was reduced in the cull area by just 16% after nine years. The government also accepted the culls could cost farmers more than doing nothing.
They argued the proposed badger cull will do the opposite, based on the findings of a landmark decade-long trial which showed that fleeing badgers carried TB to new areas. The trial found that, at best, TB incidence was reduced in the cull area by just 16% after nine years. David Williams, the chairman of the trust, said: "The Badger Trust emphatically did not ask the court to adjudicate on the science around culling. That remains exactly the same as it has been for a decade. Despite a constant stream of evidence that culling will make matters worse and growing consternation from many farmers, the coalition government intends to press ahead with its expensive and pointless policy."
The trust's lawyers also argued that Spelman's cost-impact assessment was flawed as it was based on shooting free-running badgers, rather than the far more expensive method used in the trial of trapping the animals in cages first. Martin Haworth, NFU director of policy, said: "Given the public interest in this issue, we always knew that there would be a legal challenge. We are pleased the judge has ruled that Defra's approach is lawful. This policy is desperately needed to tackle what is a terrible and damaging disease that affects cattle and badgers and brings misery to the lives of many hard working farming families."
But Mr Justice Ouseley rejected those arguments. Barring further legal action, the decision opens the way for pilot culls to take place in autumn 2012. In court, the Badger Trust's legal team had argued that the cull would break the 1992 law protecting badgers, which only allows culling to "prevent the spread of disease". The trust's lawyers also argued that the cost-impact assessment of the environment secretary, Caroline Spelman, was flawed as it was based on shooting free-running badgers, rather than the far more expensive method used in the decade-long trial of trapping the animals in cages first. But Kate Grange, of the government legal team, told the court: "[Mr Justice Ouseley] has rejected the application in clear and robust terms."
Opponents argue that a badger vaccination programme should replace a cull, as it has in Wales following legal challenges and the election of a new political administration. Vaccination is being tested by the National Trust in Devon and by the Wildlife Trust in Gloucestershire. The previous Labour government said an oral badger vaccine would be ready by 2015, but the coalition cancelled five of the six vaccination trials set up and Spelman now says a useable vaccine is "years away". The trust now has seven days to seek leave for an appeal, a shorter period than the usual 21 days. Grange said: "Given where we are with the pilots, that is not unreasonable."
Before the judgment was released, a spokesman for the Department for Environment, Food and Rural Affairs, said: "Bovine TB is a chronic and devastating disease and is taking a terrible toll on our farmers and rural communities. Nobody wants to cull badgers. But no country in the world where wildlife carries TB has eradicated the disease in cattle without tackling it in wildlife too. Unless TB is effectively dealt with it will cost taxpayers around £1bn over the next 10 years." The Badger Trust said in a statement: "The judgment demonstrates that the legislation in this area has not kept pace with developments in the understanding of how TB works."
Mark Jones, veterinarian and executive director of Humane Society International/UK (HSI), said: "Today's high court judgment is a devastating blow for badgers and for the protection of our wildlife. HSI UK's complaint at the Council of Europe's Bern convention may now be the badgers' last hope and we are determined to do everything we can to prevent this bloody and pointless slaughter." The RSPCA's David Bowles said: "We are bitterly disappointed. We believe culling is not a long-term, sustainable solution. It is not as if there aren't alternatives to a cull. Vaccination could be more effective and sustainable."
In January, HSI lodged a complaint with the Bern convention in Strasbourg, arguing that, by licensing the culls, the UK is breaching its obligations as a signatory to the convention. A badger vaccination programme is replacing a planned cull in Wales, following legal challenges and the election of a new political administration. Vaccination is being tested by the National Trust in Devon and by the Wildlife Trust in Gloucestershire. The previous Labour government said an oral badger vaccine would be ready by 2015, but the coalition cancelled five of the six vaccination trials set up and Spelman now says a useable vaccine is "years away".
In a statement, the Badger Trust said it would "now study the judgment closely and consider the next steps in its campaign to protect the badger from a pointless cull". The government is also facing a complaint at the Council of Europe from the Humane Society International (HSI), which argues the badger cull contravenes the Bern Convention that protects wildlife. Mark Jones, veterinarian and executive director of HSI said: "This may now be the badgers' last hope and we are determined to do everything we can to prevent this bloody and pointless slaughter."
Pat Hayden, vice-chair of the trust, expressed disappointment but said: "How we feel is much less important than the impact on the species we exist to protect. We owe it to our members to do our utmost to protect badgers." The Badger Trust, RSPCA, the League against Cruel Sports and other groups will hold public meetings in the next week to discuss the cull at Taunton and Tewkesbury, both towns in the two pilot areas.
David Williams, the chairman of the trust, said: "The Badger Trust mphatically did not ask the court to adjudicate on the science around culling. That remains exactly the same as it has been for a decade. Despite a constant stream of evidence that culling will make matters worse and growing consternation from many farmers, the coalition government intends to press ahead with its expensive and pointless policy."
A spokesman for the League Against Cruel Sports said: "We are obviously disappointed and we are committed with the Badger Trust to ensure people know about the barbarity of this cull."