I’m fed up with talking about the weather, but I can console myself with the fact we have grabbed every opportunity so far and progress is not too bad.Badger Trust calls for judicial review on culling decision
THE Welsh Assembly Government faces a legal challenge over its decision to implement a badger cull to control bovine TB (bTB).
The Badger Trust’s solicitors have informed the Assembly of its intention to launch a judicial review of the decision, which was made made on September 28.
Badger culling is due commence over 200sq.km in North Pembrokeshire next year. An attempt by two Assembly Members to annul the Order giving the Assembly powers use culling and vaccination in its bTB eradication programme failed on Wednesday
However, the outcome of the legal challenge could have profound implications for how the disease is controlled, not only in Wales, but also in England, where the Conservatives have pledged to introduce a cull, if they the next General Election.
Badger Trust chairman David Williams said the decision would be challenged on the basis that it is not ‘underpinned by robust scientific evidence’.
The charity said badgers cannot be killed unless, under the Animal Health Act, it is to ‘eliminate or substantially reduce the spread of disease’ and was ‘both necessary and the most appropriate way but without causing undue suffering’.
Referring to the Independent Scientific Group’s 2007 report on badger culling it claimed any benefits would be ‘at best very marginal’, while the cost would be ‘substantial’.
“Consequently, a disproportionate cull of badgers would be against the principal purpose of the Act,” it said.
In a solicitor’s letter to the Assembly outlining its case for a legal challenge, the Trust asks Welsh Rural Affairs Minister Elin Jones to overturn the decision or at least postpone the cull while she considers the legal position. She has been give until November 19 to respond, after which a formal request for judicial review is likely to be made.
The Assembly said that its officials it were ‘considering’ the letter. However, it seems certain to vigorously defend any legal challenge to the policy.
Commenting on Wednesday’s vote by AMs to back her policy, Mrs Jones said: “The need to take urgent and decisive action to tackle this disease remains as vital now as when we embarked on this programme.”
She said there was ‘plenty of evidence’ showing that ‘culling badgers can significantly reduce TB in cattle’.
“There is plenty of evidence (including the Independent Scientific Group report and the results of the Badger Found Dead Survey) to show that badgers, like cattle, can carry and spread bovine TB,” she said.
“Evidence from within the UK and elsewhere shows that we cannot get rid of TB in cattle without eliminating it from wildlife reservoirs.”
She added: “I will be in a position to make a final decision on an Intensive Action Pilot Area once all of the necessary information has been considered.”
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Readers' comments (4)
Evan Owen | 5 November 2009 10:58 am
Help! We are being overrun by badgers because some city types wanted them to be protected and as they don't have any natural predators their numbers are causing havoc in rural areas with elderly residents being harrassed and poultry, cats, dogs, lambs and even foals being eaten alive by these supposedly cuddly furry creatures which are hungry for more food.
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Anonymous | 6 November 2009 9:51 am
If you cant cull badgers because of TB what about culling them because they are wiping out hedgehogs - who are even more cute than badgers
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Dr J A O'Connor | 19 November 2009 11:17 am
To stop TB you must interrupt the disease cycles Cattle to Cattle to Cattle and Cattle to Wildlife to Cattle by whatever means there is. Culling, testing, vaccinating and fencing are all methods that can and should be used or you might as well pack in and live with TB. There should be no restrictions placed on those tasked with getting rid of TB
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John Cook | 8 December 2009 12:47 pm
Here we go again..... Is it OK to let a bTB infected Badger continue to live with the disease and contaminate other species, and is it better to just keep killing the cattle when they get it? Not saying it is only ever badgers that spread the disease, but we can control all the other disease carriers such as deer and cattle.... it is horrible to see your beloved cows put on a lorry and taken to slaughter and perhaps some of the Badger Trust people should spend sometime seeing the impact it has on the normal people and their livestock. I like to see healthy badgers about the farm as it keeps the infected ones away.... it makes sense to monitor ALL the badgers to see if they have bTB and take them out of the pool if they are infected, therefore letting the disease free healthy badgers move in to the free areas. It is the same unbalanced interference by people that seem to be unable to see the imbalance in the wildlife of the country side. This is the same as fox hunting..... we now have old and toothless foxes covered in mange roaming the farm, whereas before all we used to see were vibrant healthy ones!
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