Today the Court of Appeal will hear the Badger Trust’s challenge against plans to cull badgers on trial sites in England, which form part of Defra’s bovine TB eradication policy. The appeal follows a July ruling by the High Court that Defra’s plans are legal.

The hearing comes as a number of conservation groups mount last ditch attempts to prevent a cull that they claim will be ineffective and inhumane. Whilst Humane Society International has appealed to the Bern convention, the Badger Trust has unveiled a Youtube video and website to coordinate a social media response to culling and host a petition against the policy.

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Although the government, British Veterinary Association and National Farmers’ Union have all expressed support for the cull, claiming the it is “science-led” and that bovine TB has never been contained anywhere in the world without first “tackling wildlife vectors,” these assertions have been contested.

Opponents of the cull maintain that bTB has been successfully tackled without recourse to killing wildlife; they point to Wales, where the government has recently elected to abandon cull plans in favour of a vaccination programme. They also state that a range of wild and domestic animals can act as vectors for the disease including deer and domestic cats.

A number of respected scientists, including Lord Krebs, who led the Randomised Badger Culling Trials on which much of the government’s evidence is based, and Dr Chris Cheeseman, former head of Defra’s Central Science Laboratory, which deals with badger ecology, have criticised the plans.

However, today’s verdict will focus on whether culling is legal, not whether it would be effective. The Badger Trust claims claim Defra has unlawfully used the licensing powers in section 10(2)a of the Protection of Badgers Act 1992. The court will today decide whether Defra’s use of the Badgers Act has been improper.

Badger Trust Chair David Williams said this morning, “We have stood against governments with legal challenges to culling policies and will continue to do so, even though the validity of the science cannot be tested in court. Already more and more members of the general public are contacting us as they are becoming increasingly worried and frustrated by the possibility of badgers being killed in their counties and throughout England.’’

Launched to Coincide with today’s legal challenge, Defra has announced a consultation on its bovine TB measures, which it will conduct through its new Animal Health and Welfare Board for England (AHWBE). Defra today announced, “The Government must work with farmers and vets in collaboration to do all we can to stop TB spreading… [Defra] is asking all those involved in the fight against TB to work together and tell us directly about their ideas for improving the ways we work in tackling the disease.”

If Defra is successful, culling could begin as early as the end of the month.

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