Keep on ‘badgering’ …. DEFRA found to be acting outwith the public interest?

We are pleased to be able to update readers of the latest in the long running saga of badger culling, we are grateful to the Badger Trust and South Yorkshire Badger Group for sharing this with us.

logo

 

Public interest found to be in favour of disclosure of secret badger cull policy documents

On 31st July 2014 the Upper Tribunal held that it was “not persuaded” by DEFRA’s justifications for withholding key badger culling policy documents.

In May 2012, the Badger Trust requested documents relating to the controversial development of the Government’s badger cull policy in 2010. Unknown to the Badger Trust, these documents related to the involvement of the National Farmers’ Union (NFU) on a secret project board set up to explore essential aspects of the Government’s policy. DEFRA refused to disclose the Risk and Issue Logs (RILs), which demonstrate the project board’s hidden assessment of the risks associated with developing a farmer-led badger cull prior to the Minister’s decision on introducing the policy.

In June 2013, the Information Commissioner ordered DEFRA to disclose the RILs, finding that the public interest test favoured disclosure. DEFRA appealed to the First-tier Tribunal. The case was exceptionally transferred directly to the Upper Tribunal where it was vigorously defended by the Information Commissioner together with the Badger Trust.

Following two days of evidence and submissions at the Royal Courts of Justice in London, the Tribunal indicated that it was unconvinced by any of DEFRA’s public interest arguments to justify withholding the RILs. Full judgment will be handed down in due course. There will also be a further hearing around late October 2014 to address important wider issues to clarify the legal exceptions relied on by DEFRA to keep the Board’s assessment of the risks under wraps.

This places the Badger Trust at the forefront of potentially ground-breaking developments in environmental information law, which will assist other NGOs like themselves to ensure greater transparency and scrutiny of controversial environmental decision-making within Government.

Jeff Hayden, Financial Director and the Trust’s lead on judicial challenge, who attended the two-day hearing, said:
“The Badger Trust was unremitting and determined in challenging DEFRA’s refusal and today’s finding is a complete vindication for all its hard-work. Our legal advisors, Bindmans LLP, have again proved an invaluable partner in our battle to protect badgers. We deeply regret that we have been unable to save the 1,861 that were slaughtered in the 2013 trials.”

Dominic Dyer, CEO of Badger Trust and Policy Adviser Care For The Wild, 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.”

Badger & mayweed

 

The moral of the story: when you know the cause is just then just keep on badgering and trust that the truth will out and become available for public scrutiny to the public who funded it in the first place.

The Farmers Weekly, a much read rural publication have also been forced to admit that a photograph they have often used was not one taken in the wild, but 25 years ago at a wildlife sanctuary and the activity it captured was highly unlikely ever to happen in the wild.   The complaint was upheld by the PCC, see here and here  

Another piece of pleasing news is that following a presentation made by SYBG, Doncaster MBC have agreed not to allow any badgers to be culled on local authority owned land, well done DMBC!  Sheffield CCwere the first to declare without any prompting, decisions are still awaited from Barnsley MBC and Rotherham MBC.  So any readers living in those boroughs might like to contact their local councillors and ask them to examine the science and guage the public mood for culling badgers perhaps?

Warning: the clip shown through the BRAVE website here is deeply distressing but the message still needs to be sent to Cameron and the continued unscientific, inhumane and barbaric blame mongers who obstinately refuse to listen to science, rationale reason and the public.  Disturbingly Paterson’s replacement Liz Truss has made it clear that she intends the cull programme to continue, a move swiftly lamented bt the oppossition.  In her first session at the dispatch box 48 hours after being appointed to Cabinet explained that after speaking with Defra scientific advisers she had decided to progress with the Government’s two culling pilots this autumn …. if readers are minded to write to Ms Truss then contact details can be found here (sadly they are via the Defra gate, but critical mass can be convincing).  Perhaps a timely reminder with just 273 days left to the next general election that Mr Cameron might like to receive correspondence about his ConDem environmental conservation performance ….

 

Advertisements

Tags: , , , , , , , ,


%d bloggers like this: