‘Moor’ badgering after Administrative Court rejects Badger Trust’s application?

Badger Trust court challenge rejected, but serious concerns remain over continuation of pilot culls

One might wonder what the atmosphere will be like at the Badger Trust Annual Meeting this coming week?  The gathering comes on the back of the reject rejection by the Administrative Court to permit the Trust to move to JR Natural England and the Minister Liz Truss.

Badger & mayweed

On 29 August the Administrative Court handed down its judgment in Badger Trust’s judicial review of the Secretary of State’s decision to continue the pilot culls without independent oversight.

In line with the precautionary approach adopted by the Secretary of State during the development and implementation of the policy, Badger Trust had understood from statements made by her predecessors that an Independent Expert Panel (IEP) would oversee, and analyse the results from, the pilot culls until a final decision was made on whether or not to roll out the culls to other areas.

However, despite the IEP finding [seven reports] that the first year of the pilot culls failed (by a significant margin) to achieve appropriate standards of both effectiveness and humaneness, the Secretary of State decided to continue the pilot culls with a view to a future roll-out, but without independent oversight to ensure such standards can actually be met. The Badger Trust therefore brought proceedings to prevent the Secretary of State from breaking her promise.

The Administrative Court has today found that, as a matter of law, the Secretary of State’s assurances did not amount to an enforceable legitimate expectation. However, the Court also rejected the Secretary of State’s attempt to argue that if there was a legitimate expectation she had properly considered whether she could resile from it.

Dominic Dyer, CEO of Badger Trust, commented:

“The Trust is considering its options in respect of an appeal against the Court’s decision. However, this judgment does not detract from the serious public concerns over the continuation of the cull, including the most recent leaks regarding potentially unlawful and unsafe activity undertaken by culling contractors during the 2013 culls. Given the indisputable failure of the 2013 culls, the still unresolved issues regarding safety and the significant uncertainty over the numbers of badgers to be killed in 2014, the only sensible option for the Secretary of State is to call a halt to these pilots, and the potentially unnecessary and inhumane deaths of hundreds of badgers.

“However, if she is not willing to do so, we call on Ms Truss to reinstate the IEP. As Counsel for the Trust, David Wolfe QC, observed during the hearing, the Secretary of State is not just moving the goal posts, but has banished the independent referee from the pitch. Whatever happens during the second year of the culls, in the absence of the IEP, it will be impossible to trust any findings supporting a wider roll out, not least because this is already clearly the preferred option of the Secretary of State.”

 

A case might be made that such a decision simply evidences that politicians are not particularly honourable when it comes to ‘promises’ and reasonable expactations of ‘normal’ people.  Why would a Government not want to monitor with robust science the impact and outcomes of trials?  The 2013 culls were a failure, the evidence coming out of Wales recently is demonstrating more efficient and cost effective options, so one might be forgiven for asking what on earth is actually behind the politicians motivation and why are they so obstinately sett in their ways?

As this post is being written the Badger Trust will be holding its annual conference at the University of Wales in Pontypridd from the 29th to 31st August.

The Chief Veterinary Officer for Wales Professor Christianne Glossop, will be the opening speaker at a special session of the conference on the morning of Friday 29 August to focus on how the Welsh Government is tackling the bovine TB epidemic by a comprehensive approach including annual testing of cattle, strict biosecurity measures, movement control and a badger vaccination programme, with a longer term objective to also implement the use of TB cattle vaccines. This opening session will be attended by representatives from Badger Trust groups, conservationists and wildlife organisations and landowners and farmers.

By holding the event in Wales the Badger Trust is aiming to focus attention on the alternative strategy of the Welsh Government for eradicating bovine TB without culling badgers. This strategy is proving increasingly successful with the latest statistics collated by DEFRA showing an 18% drop in new Bovine TB incidents in cattle in Wales over the last 12 months to May 2014, the lowest level for six years.

Tim M Badger 7465227996_e7b29e0ea9_h

Moving goalposts and independent referees …. is democracy is at risk when there is no accountability nor credible science applied to decisions made (reputedly on the public’s behalf)?  

 

 

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