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Posted: 5th April 2024

Lawyers write to Defra over ‘unlawful’ badger cull consultation
Defra is considering its response to the letter.
Concerns raised about omissions in consultation materials.

The government’s current consultation on its bovine tuberculosis (bTB) policy may be unlawful, according to lawyers representing two animal welfare organisations.

The consultation was launched by the Department for Environment, Food and Rural Affairs (Defra) on 14 March, and sets out proposals for the next phase of England’s bTB eradication strategy.

The proposals include retaining badger culling as an option in targeted parts of the High-Risk and Edge Area where there are high levels of infection in cattle and evidence suggesting badgers are contributing to the spread of the disease to herds

Solicitors acting on behalf of Badger Trust and Wild Justice have sent a letter to Defra, which the organisations have made public, stating that there are significant omissions in the consultation materials provided.

The material they say is missing includes the business case for the government’s preferred option, information on the expected effectiveness of the preferred option in comparison to other potential approaches, and information on the humaneness of the options considered.

The letter urges the government to publish the ommitted material and allow those taking part in the consultation time to respond. If these steps are not taken, the letter states that the ‘consultation would be unlawful’.

Last year, Northern Ireland’s 2021 consultation on bTB measures was found to be unlawful by the High Court in Belfast because it had failed to provide sufficient information to consultees.

A Defra spokesperson said: “We have received a letter from lawyers representing Wild Justice and the Badger Trust, we are considering this and will respond in due course.”

The government aims to eradicate bTB in England by 2038. The number of bTB breakdowns recently fell to the lowest number in nearly twenty years.

When the consultation was launched, Christine Middlemiss, UK chief veterinary officer, said: “The proposals set out today will ensure this downward trend continues, and all culling decisions taken under the new targeted approach will continue to be led by the very best scientific and epidemiological evidence.”

Image © Shutterstock



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