|29th August 2014
FOR IMMEDIATE RELEASE
Badger Trust court challenge rejected, but serious concerns remain over continuation of pilot culls
The Administrative Court has today 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 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."
Dominic Dyer CEO Badger Trust Tel: 07876 596233
Jack Reedy Badger Trust – Media Adviser Tel: 07751 731107 or 01564 783129