Badger by Eliot Smith
On 13 July, WTSWW welcomed the news that the Court of Appeal had found in favour of the Badger Trust, and quashed the Tuberculosis Eradication (Wales) Order 2009, calling a halt to the cull of badgers in north Pembrokeshire that had been scheduled to start this summer. We continue to urge the Welsh Assembly to find a solution to this terrible disease which impacts farmers so badly, as science has prevailed in this decision we hope that other scientific recommendations are taken on board with regards to bio-security and vaccination.
The Badger Trust had appealed on three grounds.
- The first ground was that the evidence presented of a 6-9% reduction in bovine TB breakdowns as a result of badger culling did not constitute the elimination or substantial reduction in the disease required by the Animal Health Act 1981 for the Order to be legal. The judicial review had accepted this reduction on the basis that it was “more than merely minor or trivial”. However Lord Justice Pill, in the Court of Appeal Judgement, said “I ask myself whether a reduction in the incidence of disease by 9 per cent is a substantial reduction. In my judgement it is not”.
- The second ground concerned the necessity for the Minister (Elin Jones) to carry out a balancing exercise between the harm to badgers and the benefit to cattle. The Court ruled that the Minister erred in not investigating and considering whether the harm to badgers was fully balanced by the potential benefit to cattle and farming.
- The third ground of appeal was one not originally considered by the Badger Trust, but which came up during the appeal itself: that the Order was applicable to the whole of Wales, when the Minister had presented evidence and consultation only for north Pembrokeshire. The judges identified that in effect the Order permitted the extinction of the badger in Wales and was unlimited in time. If this was set as a precedent in law, it could lead to the extinction of badgers in the UK. The judges unanimously agreed on ground three and quashed the Order.
'On the view of the majority in this court as it appears in the following judgements it is not open to the Welsh Assembly Government immediately to make a fresh Order in the same terms but covering only the IAPA and to proceed forthwith with a badger cull there'
The success of the appeal means that at present there is no legal framework for the cull to go ahead. Elin Jones has since stated that she remains committed to wiping out bovine TB, and we are currently awaiting a more detailed reaction to the decision from the Welsh Assembly Government.
WTSWW, like the Badger Trust, Pembrokeshire Against the Cull and others who have opposed the cull on the grounds of scientific evidence that it will not work, recognise the devastating impact of bovine TB on farmers and the farming industry.
We hope that this news provides an opportunity for the Welsh Assembly Government to reconsider its approach to bTB eradication. A licensed, injectable vaccine is already available which could be used to vaccinate badgers against the disease, and provides a much better long-term solution at a significantly reduced cost. Whilst we await the full response of the Welsh Assembly Government to the judgment to find out what their next steps will be, we will continue to push hard for vaccination and a better solution for all concerned.
Major Auction in August to Raise Funds for the Badger Appeal
WTSWW are working with Pembrokeshire Against the Cull (PAC) to organise an auction of artwork and other items: “A Pembrokeshire Miscellany”. Monies raised will be used by the organisations towards the Badger Trust’s appeal (costs now running into six figures) other legal/campaign costs of the partner organisations.
The auction will be held at the Castell Malgwyn hotel in Llechryd on 19 August, and items will be displayed from the 15th August at the Welsh Wildlife Centre and then at Castell Malgwyn itself.
Please consider whether you might have something extra special you can consider donating to help raise funds at this auction. We are particularly hoping for artworks, photos paintings - originals or prints, preferably framed- but also, signed books, a gift, a stay at your hotel or bed and breakfast… all donations will be incredibly gratefully received.
Donations of items can be taken at WTSWW’s Welsh Wildlife Centre, Cilgerran.
For more information about donating, or the event itself, please contact PAC on 07718 240216 or Lizzie Wilberforce (WTSWW) 07970 780553
Badger Cull June update
The most significant event to have occurred since our May newsletter is the news that the Badger Trust have been granted leave to appeal against the judgment handed down by Mr. Justice Lloyd Jones in the Judicial Review against the Welsh Assembly Government (WAG). After initially announcing that they would continue their work towards the cull, WAG have now suspended work pending the court case which is due to be heard in late June. We wish the Badger Trust luck and hope that the appeal is successful.
Many of you will have seen the recent footage of events at Brithdir Mawr, within the Intensive Action Pilot Area, filmed by S4C amongst others (go here for footage) , when sett surveyors arrived wearing balaclavas and accompanied by a large number of police officers. Three local landowners were arrested for obstruction and attempted theft. WTSWW have given their official refusal of access to WAG, but since our meeting with their officials we have had no further contact and as far as we know, sett surveys on our land have not yet been undertaken.
Further results have also been published from the latest 6 months of data from the Randomised Badger Culling Trials. This new data seem to show that whilst the beneficial effects of culling on TB levels in the trial areas had previously almost disappeared, in the last 6 months, some positive effects have reappeared. These data have been promoted heavily by WAG in support of their cull, but in fact the authors themselves say “there is no clear explanation of the unexpected pattern” and we do not know whether this will be sustained. They also go on to say that at least 11.1 years of post-culling benefits will be required just for the five years of culling using cage trapping (the same approach to that planned in Wales) to break even- in other words, the cull cost many times more than it has saved.
While the Badger Trust’s legal action progresses, we are pressing on with events, working closely with Pembrokeshire Against the Cull. Lizzie Wilberforce was recently pleased to speak against the cull to an incredibly well attended PAC public meeting in Rhosygilwen, Cilgerran. We are also working with PAC on an auction to raise funds for the campaign (including supporting the Badger Trust legal action). This auction is currently planned for August and will include art and other items of interest. Watch this space for further details, but if anyone thinks they may be able to help with the donation of items for the auction, please contact Lizzie .
The subject continues to take up many column inches in both local and national papers. Many of you are doing a sterling job of writing in to papers to express your opposition to the cull. Many thanks for your efforts- and please keep it up! We need to make sure that this issue stays in the media spotlight and that we keep getting our message out there.
Meanwhile the ‘Saying no to the badger cull’ exhibition at the Welsh Wildlife Centre continues to receive many visitors, who are taking away ‘No Badger Cull’ car stickers and signing our paper petition against the cull. If you have not yet signed our petition, do either drop into the Wildlife Centre, or download the petition . While the court case goes through we will be keeping the petition open for a little while longer! And do browse the rest of our badger pages on our website at which are regularly updated.
Since the last edition of this newsletter, we have heard the incredibly disappointing news that the judicial review brought against the Welsh Assembly Government (WAG) by the Badger Trust had been unsuccessful. This is a blow to the opposition movement, but it is incredibly important to remember that this judicial review was testing the legality of the process, not the appropriateness of the decision. Mr Justice Lloyd Jones concluded that WAG did indeed have discretionary powers to carry out the cull, but noted that it was for the Ministers, rather than the court, to undertake a balancing exercise between the costs and benefits of the proposed cull. The court said that the Badger Trust clearly had a legitimate public interest in bringing the case. There has been some misinterpretation of the judgment in the public arena, implying that the judgment supported the decision to cull, which is not the case, and this is a consideration for the Badger Trust in the decision to appeal- would losing spread this misunderstanding further? However the Badger Trust has now decided to appeal, and we await further developments.
One aspect of the judicial review looked at the expected reductions in bovine TB breakdowns as a result of badger culling, as there is a requirement for the proposed cull to ‘eliminate or substantially reduce’ the disease for the decision to cull to fall within the law. The court decided that the expected reduction of 6-9% was indeed ‘substantial’, in so much as it is ‘more than insignificant or trivial’ and thus found in favour of WAG.
Whilst the Badger Trust continues to progress its action against the cull, here at WTSWW we have been doing our part in south west Wales.
On Wednesday April 14th, we held another public meeting to present the evidence underpinning the badger cull and why that evidence shows that the cull will not work. Speakers included Iolo Williams, Sarah Kessell, chief executive of WTSWW, Dr Dan Forman from Swansea University and Lorraine Barrett AM, who is opposed to the cull. The event was well attended, and Iolo Williams introduced the event by saying he was ‘coming out against the cull’. He later said, “Time again it has been shown that badger culls don’t work. With the scientific evidence to hand I am absolutely disgusted that the Welsh Assembly Government are going ahead with this”.
Subsequent to the Cardiff event, Trust staff have also been involved in public meetings organised by other anti-cull organisations, including working closely with Pembrokeshire Against the Cull and speaking at a public meeting in Aberystwyth organised by the Dyfi Badger Group.
Meanwhile the ‘Saying no to the badger cull’ exhibition at the Welsh Wildlife Centre continues to receive many visitors, who are taking away ‘No Badger Cull’ car stickers and signing our paper petition against the cull. If you have not yet signed our petition, do either drop into the Wildlife Centre, or download the petition from here. While you are there, do browse the rest of our badger pages on our website here. We have recently added a library page, where you can download many of the documents about the cull, including the Order itself and many of the research papers that have been published on the issue.
In the Intensive Action Pilot Area (IAPA), where the cull will take place, increased biosecurity and cattle controls came into place on 01 May. Sett surveys are now well underway, though the surveyors have not yet contacted WTSWW about access to our nature reserves. WTSWW staff Sarah Kessell and Lizzie Wilberforce, and WTSWW chair Lynda Warren, recently met with WAG staff regarding our objections to the cull and concerns about its delivery on our sites. It gave us an opportunity to officially refuse them access, though the Tuberculosis Eradication (Wales) Order 2009 gives them legal rights to enter regardless.
We will continue to keep you up to date with progress through this newsletter and our magazines, but between publications, keep an eye on our badger pages on our website, and those of our partners:
Pembrokeshire Against The Cull
We’ve had a great response to some of our campaigning work against the planned badger cull in north Pembrokeshire this month.
First of all we launched our new “saying no to the badger cull” exhibition at the Welsh Wildlife Centre, which re-opened on 28 March. The exhibition includes information about the cull and the reasons for our opposition, and includes the chance to sign our petition lobbying the Welsh Assembly Government to adopt a policy of badger vaccination instead of culling. We’ve had plenty of signatures already and they keep on coming. Please do visit our exhibition if you get the chance! Also, if you can help us gather signatures for our petition, please contact Lizzie Wilberforce for an electronic copy.
On Saturday 10 April, we also held a ‘Great Escape’ from the Welsh Wildlife Centre, Cilgerran, in partnership with Pembrokeshire Against the Cull. Around 50 opponents to the cull gathered to walk through the nature reserve and over the Teifi to symbolise badgers’ escape from the cull zone. We also walked into Cardigan itself and spoke to members of the public along the way. We were delighted by the level of public support we received, with passing cars hooting and waving at our banners and lots of people signing our petition, and we received some good publicity for our cause. Pictures of the event are now up on the badger pages of our website!
We have also just produced some “No Badger Cull” bilingual window stickers and black and white striped fundraising ribbons. We hope people will be willing to display the stickers in their car or house windows and wear the ribbons to express their protest to the cull. Either are available to anyone who would like one, donations (suggested £1 per item) would be gratefully received to help us cover the cost of production and to contribute to our costs of fighting the cull. If you would like either, please send an A4 stamped addressed envelope to the Welsh Wildlife Centre, Cilgerran, Cardigan, SA43 2TB and enclose a note saying which (or both) you would like!
We are also about to host our next series of public lectures against the cull in Cardiff, which will take place as this e-newsletter goes to press. We will report back on the day in the next edition, although you can go to our Facebook page and scroll down to the 14/4/2010 to see a live feed of the evening!
Finally, Save The Badger has launched a petition on the National Assembly website, to pressure the Welsh Assembly Government to review the badger cull decision. There is nothing to stop you signing both petitions mentioned here. Please note you will have to go through a registration process to sign this petition but we would encourage you to do so.
We are still always in need of more funds to support our fight against the badger cull- if you think you can help, please get in touch with Lizzie or make cheques payable to The Wildlife Trust of South and West Wales, and send them to Badger Appeal, WTSWW, The Nature Centre, Fountain Road, Tondu, Bridgend, CF32 0EH. Thank you!
Photo Credit Elliot SmithWe also took part in a big rally, led by Save The Badger, outside the Senedd in Cardiff on 8 March. Attended by several organisations opposed to the cull and around 200 people in total, a document summarising the arguments against the cull was presented to WAG, and a silent vigil was held with protestors putting their fingers in their ears to represent how WAG are not listening to the evidence with regard this issue. Lizzie Wilberforce from WTSWW was present, and wielded a megaphone to give the Wildlife Trust’s position against the cull. Thank you to all Wildlife Trust members who attended on the day!
Upcoming events related to the badger cull which you might like to attend:
Sunday 10 April: we will be holding a ‘Great Escape’ at the Welsh Wildlife Centre, Cilgerran. The centre reopens on 28 March and we will be launching a new anti-cull exhibition in the Centre with the start of the new season. This will be linked to the event on 10 April when we will be gathering to walk into Cardigan to symbolise the escape of badgers over the bridge over the Teifi. For more information contact Lizzie Wilberforce
Wednesday 14 April: “Saying no to the badger cull”. Following on from our successful event last November in Cilgerran, we are arranging another series of lectures, this time in Cardiff. The event will run 6-8pm in Cardiff University’s Julian Hodge lecture theatre. Speakers include Iolo Williams, Dr Dan Forman from Swansea University and Sarah Kessell, chief executive of WTSWW. For more information contact Rob Parry
We are also just in the process of producing some bilingual ‘no badger cull’ window stickers, so if you would like one to display, watch this space.
We are still always in need of more funds to support our fight against the badger cull- if you think you can help, please get in touch with Lizzie or make cheques payable to The Wildlife Trust of South and West Wales, and send them to Badger Appeal, WTSWW, The Nature Centre, Fountain Road, Tondu, Bridgend, CF32 0EH
Pembrokeshire against the cull organises a great escape
Despite treacherous icy conditions, nearly twenty costumed and face-painted “badger refugees” made their way to freedom over the River Teifi on Christmas Eve. Led by their mascot Mags, Pembrokeshire Against the Cull (PAC) supporters left the West Wales Wildlife Centre to the strains of the famous “Great Escape” theme. A procession over the A487 bridge into Cardigan was accompanied by hoots of support from many motorists.
The real badgers living at the Teifi Marshes, along with hundreds of others in a large area of North Pembrokeshire, face a cull next spring if the Welsh Assembly does not drop its plans. This is despite the vast majority of badgers being TB-free, and despite the firm expert assessment that culling has no meaningful place in British TB policy. (Please see here)
Celia Thomas, a spokesperson for PAC, stated: “We were heartened to see so much support for the badgers from passing shoppers. This reflects what we are constantly hearing – local people do not accept that this cull has a legitimate basis. There is a clear path forward that could unite local people, both conservationists and farmers: to begin trials of badger TB vaccination as in England and Ireland. Trials in New Zealand prove it works brilliantly to immunise wildlife.
“The science says a cull will not help with bovine TB. There are huge risks of it causing new TB breakdowns in the surrounding countryside. And under WAG’s plans, we won’t even be able to measure the effects of a cull. We need time to assess the results of tighter cattle controls the Assembly is introducing, before rushing headlong into other measures.”
PAC says it will continue to argue for a logical science-based approach to TB policy, as it advocated when meeting the Chief Veterinary Officer earlier in December.
For more information go to the PAC website
Also PAC are organising an event on the steps of the Senedd, Monday 18th January 2010, in the afternoon.
We need your help to alert us of any stories in the Welsh press about the proposed badger cull. The Wildlife Trusts have been heavily involved with all the consultation leading up to the decision by Elin Jones to carry out a badger cull in a pilot area in Pembrokeshire. As farmers ourselves, we have a vested interest in finding an effective solution to the problem of badger TB. We own our own livestock and have the health of our own cattle to consider – along with the interests of other farmers who graze our reserves with their animals. We want this disease eradicated as much as anyone else, and we want quick and effective action. We oppose a cull of badgers because the science does not support it. The Independent Scientific Group (ISG) report on TB in cattle stated that culling badgers would not solve the problem - and that such action could even make things worse.
The Wildlife Trusts believe there should be a programme of vaccination of badgers, more effective testing of cattle, and greater bio security on farms. A combination of these three things is the answer – not culling. If you see any letters or articles in your local papers about the badger cull, please would you email the relevant details to info@welshwildlife.org, so that we can respond appropriately. We will need the name and date of the paper, and the section in which the article appears, with the author’s name if possible. Alternatively, you can send a cutting of the article to the Welsh Wildlife Centre office at Cilgerran, and mark it for the attention of Llinos Richards.