The Royal Court of Justice has found that Defra's persistent refusal to release policy documents drawn up with the NFU ahead of the badger cull is unjustified.

Last week, the Court ruled that Defra should publish certain key policy documents, stating that it was "not persuaded" by arguments used when their publication was requested by the Badger Trust in 2012.

The documents in question relate to the development of the government's acutely controversial badger culling policy in 2010. They deal with the findings of a 'secret project board' set up by the government along with the NFU to explore certain policy areas. Defra refused to disclose the Risk and Issue Logs (RILs), which detail the project board's assessment of the risks associated with developing a farmer-led badger cull prior to the Defra secretary's decision to implement the policy in 2012.

The NFU's role in overseeing the policy was also questioned in the wake of last year's culls. In May, the Labour Party wrote to the Somerset Police Commissioner with a series of questions after an internal police report revealed that NFU representatives had been present in the police control room during the cull.

Defra continued to withhold its policy documents, in defiance of the 2012 freedom of information request and a June 2013 ruling by the Information Commission, which ordered the environment department to disclose the RILs, judging them to be in the public interest. As Defra refused, the case was transferred to a Tribunal and, after two days of evidence and submissions at the Royal Courts of Justice in London, the special Tribunal indicated that it was unconvinced by any of Defra's arguments to justify withholding the RILs on 31st July.
Full judgment will be handed down in due course and a further hearing in late October will look into wider issues around legal exceptions used by Defra to refrain from releasing documents.

The badger Trust claimed the ruling as a victory for transparency, adding that it would assist other NGOs in scrutinising "controversial environmental decision-making within Government."

Commenting on the case, Badger Trust spokesperson Dominic Dyer, said, "This is another important step forward in the Badger Trust's on-going legal challenge to show that it is cattle, not badgers, that are at the root of the spread of bovine TB. Although the written judgment is awaited, the Tribunal Chairman, Mr Justice Charles, made it quite clear that Defra had not been justified in withholding these documents from the Badger Trust in 2012."

A spokesperson for Defra said the department would await the final judgement before considering its next move, but denied any lack of transparency.
Culling is due to resume in two 'trial' areas of Somerset and Gloucestershire later this year, though Defra is involved in an ongoing legal challenge with the badger Trust over plans to continue culling without independent oversight.