THE Badger Trust has launched legal proceedings against the decision by Defra to sanction a badger cull in England.

The Trust has sent a letter to the Department giving it notice of the grounds of challenge which it intends to pursue if Defra does not back down from its decision to press ahead with two pilot culls this autumn. Defra has been given until February 17 to reply.

Badger Trust chairman David Williams claimed Defra had not addressed concerns the cull could spread disease and that the trust believed the policy could be unlawful.

The Trust cites three grounds on which it believes the cull could be deemed unlawful. It claims:

•  It claims the cull, as proposed, will not meet the ‘strict legal test’ implicit in the relevant legislation of ‘preventing the spread of disease’ in the licensed areas and could spread the disease.
• It challenges the policy on cost, arguing that Defra’s current costings are flawed as they assume free shooting will continue to be the primary method used. However, if free shooting is ruled out by the pilots, farmers will have to revert to the more expensive cage trapping, it claims.
• It argues that Natural England’s guidance on culling is ‘invalid’ as ‘killing badger is not one of its functions’.

Mr Williams 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. In the light of this and our concerns over the legality of the decision, we would be failing in our duty to badgers if we did not pursue a legal challenge despite the difficulty and cost risks involved.

"If there is an opportunity to save many thousands of healthy badgers, as there is here, we must take it on behalf of the many local badger groups and supporters on whose behalf the Badger Trust works. If successful it would also save farmers the expense of a policy which would not benefit them."

The trust said it launched its action, after taking ‘extensive legal advice’ as well as correspondence with Defra Ministers and officials to clarify the Department’s position on many topics of concern. Badger Trust officials have also had ‘several discussions’ with Ministers in person before the decision was announced, Mr Williams said.

Farming Minister Jim Paice has always maintained that the Government fully expected the policy to be challenged by the Badger Trust and has insisted efforts have made throughout the process to ensure the policy is legally watertight.

In January Mr Paice announced that areas in West Somerset and West Gloucestershire had been selected as potential pilot cull areas. Groups of farmers in those areas have invited to apply to Natural England for licences to cull badgers over areas of around 300sq.km.

The pilots will be monitored to assess the humaneness, safety and effectiveness of controlled shooting by trained marksmen, which will be deployed as the primary method of culling. (source: Farmers Guardian 9th January - by Alistair Driver)

Agriculture Minister Jim Paice has confirmed that farmers and landowners from two carefully-selected areas are now able to apply for licences to trial new measures designed to tackle the devastating spread of bTB in the South West.  Two areas in West Gloucestershire and West Somerset have been selected from a shortlist of areas as being the most suitable to pilot the controlled cull of badgers in order to bring bTB under control.

Bovine TB forced the slaughter of 25,000 cattle in 2010 alone and will cost taxpayers around £1 billion over the next ten years if it is not effectively tackled. 

Jim Paice said "Bovine TB is a chronic and devastating disease.  It causes the slaughter of tens of thousands of cattle each year, and is taking a terrible toll on our families 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.

"These two pilots are just part of a wide range of activity on bovine TB.  We already have robust measures to control its spread amongst cattle, which we plan to strengthen further, and are continuing to work hard on the development of practical and usable vaccines.

"Natural England will now assess applications against a set of strict criteria.  If these are not met, licences will not be granted."

The pilots will allow the careful examination of how safe, humane and effective controlled shooting is and were announced, after public consultation on better tackling bovine TB, in December last year. 

The Animal Health and veterinary Laboratories Agency (AHVLA) have confirmed that they have changed the policy that allows for farms that have their Officially Tuberculosis Free status withdrawn (OTFW) to restock their herds.

All herds that have an OTFW breakdown will now have to wait until they have completed their first short interval test (SIT) after 60 days of the reactor animal leaving the farm or being suitably isolated.  In order to regain Officially TB free status, it is necessary for herds with OTFW status to test clear at two consecutive short interval tests at no less than 60 day intervals.

Farms have their OTF status withdrawn only when a skin test reactor animal is found to have lesions typical of TB or if the disease is cultured at a laboratory.  If an animal reacts to the skin test and is not found to have lesions at slaughter the herd will be classified as OTF suspended and therefore the previous policy still applies and farmers will be able to move cattle onto the holding dependant on a satisfactory risk assessment.

These changes occur following recommendations by the EU Food and Veterinary Office (FVO) following a recent audit of TB controls in England.  It is felt that herds that have a disease confirmed (OTFW) pose a greater risk of disease transmission and therefore further assessment of the disease levels in the herd must be gained. 

In summary

Previously - herds with a new breakdown, where their TB free status was withdrawn (OTFW) could continue to move cattle into isolated facilities on completion of a veterinary risk assessment by AHVLA.

Now - herds that have a new breakdown where their TB free status is withdrawn (OTFW), will have to wait until they complete their first short interval test, 60 days after any reactors have been removed before cattle can be moved on and following a vet risk assessment.

This new situation only applies to herds that have their TB free status withdrawn i.e. reacts to skin test and has visible lesions at at slaughter or is cultured in the laboratory.  Where there are reactors that just react to the skin test TB free status will only be suspended and cattle will still be able to be brought in. 

If you operate a beef unit where you regularly buy in cattle and are concerned about the potential impact of this change, you are advised to consider setting up epidemiological seperate units to minimise the impacts of a TB breakdown.  If you would like further clarification on this issue, please give us a ring to speak to an advisor. 

The next Meadow Quality collection of TB restricted calves into Chippenham calf collection centre will be held on Thursday 8th March 2012. Applications from Wales must be received by Thursday 23rd Feb 2012, all other applications must be received by Thursday 1st March 2012. Details must include - Ear Tag no., Breed, Sex, Date of Birth, Full Sire details if Angus or Hereford. For futher details, please contact Simon Fryar on 01249 783324/783325 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it.