The Badger Trust today gave Defra warning that it is launching legal proceedings against the government department over plans to pursue a badger cull in England later this year. The government announced before Christmas that it would press ahead with two pilot culls to test the efficacy of its chosen method of bovine TB control, which Defra claims is part of a package of measures to combat the disease.

The Trust sent a letter to Defra today notifying the department of the grounds on which it is basing its challenge. 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.

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In 2010, the trust succeeded in challenging a proposed cull sanctioned by the Welsh Assembly Government on the grounds that its stated effect would not be justify the killing of protected mammals. Welsh Badger cull plans are currently on hold pending the outcome of a scientific review.

Cull legal Challenge

The Badger Trust will challenge Defra on three areas; David Williams believes the proposed cull will not meet the strict legal test of “preventing the spread of disease” in the areas being licensed, and may in fact result in the spread of bovine TB.

He maintained that, despite Defra’s efforts to secure optimum places to support its plans for conducting trials, the ‘perturbation effect’ would still lead to infected badgers spreading disease outside of the cull zones. The Trust claims many cattle farmers in and around the cull zones have expressed concern over the risk bTB will be spread onto their land as a result of the cull.

The second assertion by the Badger Trust is that DEFRA’s cost impact assessment underpinning its decision to press ahead is flawed. The cost assumptions are based on ‘free-shooting,’ a method which is assumed to be much cheaper. However, Defra has admitted that farmers will be forced to foot the bill for ‘trap and shoot’ if ‘free-shooting’ is deemed inhumane or ineffective, at a cost eight times higher than Defra’s calculations allow for.

The Trust said, “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.”

The Trust is also challenging Defra over Natural England’s part in the cull. It claims that guidance which DEFRA issued to Natural England is invalid. As killing badgers is not within Natural England’s stated functions, which are mainly focussed on maintaining biodiversity, by making Natural England responsible for the administrative arrangements, the Trust maintains that Defra incorrectly devised the guidance.

In a statement today, the Badger Trust announced that it is awaiting a response from Defra, stating that it will press ahead with legal action if the department did not set aside plans for a cull by 17th February. Farming Minister Jim Paice has consistently said that such a challenge would be inevitable, and that Defra has made every attempt to ensure its plans are water tight.

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