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BADGER TRUST Government's decision on trial culling areas

19 January 2012

Dear All,

As many of you will already know, the Minister for Agriculture, Jim Paice, has today announced in a written ministerial statement that the government have chosen West Gloucestershire and West Somerset as the two badger cull pilot areas. The statement is on the DEFRA website.

http://www.defra.gov.uk/news/2012/01/19/pilot-areas-confirmed/

http://www.parliament.uk/documents/commons-vote-office/3.DEFRA-BovineTB.pdf

Farmers from the areas can now apply to Natural England for culling licences. There are reports in today's press that the Gloucestershire area is mainly within the Forest of Dean and Tewkesbury and partly in the districts of Wychavon, the Malvern Hills and West Gloucestershire. The West Somerset area is reported to include Taunton Deane. Badger Trust is currently unable to confirm that what is reported is totally accurate as the DEFRA statement does not include that level of detail.

Even before the Secretary of State for the Environment, Caroline Spelman, made her announcement on 14th December, 2011, Badger Trust were in discussion on a regular basis with our legal and scientific advisors. The discussions revolved around what grounds we might have for a legal challenge in the event that the coalition government announced a cull. The intention was to build up a portfolio of scientific and legal advice but until the announcement was actually made and we could read and understand the decision, we could not formulate the grounds on which a legal challenge could be made.

The timescale for applying for a Judicial Review is ‘promptly and no later than three months’ from the date of the decision. Following further discussions with our advisors, a letter was sent immediately from our solicitors to the DEFRA Legal Services Department in which we asked for further information and clarity on the Secretary of State's announcement and also made it clear that this was required in preparation for a legal challenge. A further letter will be sent today as some of the questions were not answered to our satisfaction.

The final decision on whether to ask for a Judicial Review will be made by the Board of Directors of Badger Trust, based on the advice from our legal team, after having received satisfactory replies to all further questioning.

This will be an extremely costly and time consuming process but as the only charity dedicated solely to the conservation, welfare and protection of badgers, we would be failing in our objectives if we did not mount a legal challenge in the event that it was deemed to be feasible.

We will keep you informed of developments and hope that you will all feel able to support us to the best of your ability. There is still much to be gained from writing to your MP stating in your own words exactly how you feel about the Government's decision to slaughter badgers, and if possible, copy your letter to the Prime Minister and to the Secretary of State. Also, if you have not already done so, please sign the 38 Degrees petition against the badger cull that can be found on the Home page of our website.

Regards,

Jeff Hayden,
Finance Director
BADGER TRUST

http://www.badgertrust.org.uk

 

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