Tweet
Badger Trust, R (on the Application of) v Secretary of State for the Environment, Foo
More...
Bovine Tuberculosis (bTB) has been described as the most pressing animal health problem in England. In the 1970s it was confined to a few pockets in the South West of England. but levels of bTB in England have been rising for 25 years. Badgers are a wildlife reservoir for bTB which they transmit to cattle.
The Claimant, the Badger Trust, promotes the conservation and welfare of badgers, their setts and habitat. The witness statement in these proceedings of the Trust's Financial Director, Jeffery Hayden, describes it as the leading voice for badgers in the UK. It has about 60 affiliated local voluntary groups and over 1800 individual supporters. It campaigns on a wide range of badger protection issues, not solely those relating to bTB.
Natural England is a body corporate established by the Natural Environment and Rural Communities Act 2006. Under section 16 of the 2006 Act the Secretary of State may issue directions to Natural England, with which it must comply. She also has power, under section 15(2) of the same Act, to issue guidance to Natural England as to the exercise of its functions. Such guidance may be given only after she has consulted Natural England itself, the Environment Agency and such other persons as she thinks appropriate: see section 15(3). Natural England must have regard to such guidance, but is not obliged to follow it.
Under section 10(2)(a) of the Protection of Badgers Act 1992 a licence may be granted by the Secretary of State to take and kill badgers for the purpose of preventing the spread of disease within a specified area, subject to compliance with any conditions specified in that licence. In an agreement made under section 78 of the 2006 Act, on September 29th 2006, the Secretary of State authorised Natural England to exercise that licensing function (among many others) for 20 years.
In September 2010 the Department for the Environment, Food and Rural Affairs ("Defra") published a consultation document "Bovine Tuberculosis: the Government's approach to tackling the disease and consultation on a badger control policy". In July 2011 two further documents were issued. One of these, "Bovine TB Eradication Programme for England", fulfilled an obligation to report each year to the European Commission on the implementation of the UK (GB) Bovine TB Eradication Plan; the other was a public consultation document on what guidance should be issued to Natural England on the "Implementation and Enforcement of a Badger Control Policy". The Ministerial Foreword to the first document included this passage:
Bovine Tuberculosis (bTB) has been described as the most pressing animal health problem in England. In the 1970s it was confined to a few pockets in the South West of England. but levels of bTB in England have been rising for 25 years. Badgers are a wildlife reservoir for bTB which they transmit to cattle.
The Claimant, the Badger Trust, promotes the conservation and welfare of badgers, their setts and habitat. The witness statement in these proceedings of the Trust's Financial Director, Jeffery Hayden, describes it as the leading voice for badgers in the UK. It has about 60 affiliated local voluntary groups and over 1800 individual supporters. It campaigns on a wide range of badger protection issues, not solely those relating to bTB.
Natural England is a body corporate established by the Natural Environment and Rural Communities Act 2006. Under section 16 of the 2006 Act the Secretary of State may issue directions to Natural England, with which it must comply. She also has power, under section 15(2) of the same Act, to issue guidance to Natural England as to the exercise of its functions. Such guidance may be given only after she has consulted Natural England itself, the Environment Agency and such other persons as she thinks appropriate: see section 15(3). Natural England must have regard to such guidance, but is not obliged to follow it.
Under section 10(2)(a) of the Protection of Badgers Act 1992 a licence may be granted by the Secretary of State to take and kill badgers for the purpose of preventing the spread of disease within a specified area, subject to compliance with any conditions specified in that licence. In an agreement made under section 78 of the 2006 Act, on September 29th 2006, the Secretary of State authorised Natural England to exercise that licensing function (among many others) for 20 years.
In September 2010 the Department for the Environment, Food and Rural Affairs ("Defra") published a consultation document "Bovine Tuberculosis: the Government's approach to tackling the disease and consultation on a badger control policy". In July 2011 two further documents were issued. One of these, "Bovine TB Eradication Programme for England", fulfilled an obligation to report each year to the European Commission on the implementation of the UK (GB) Bovine TB Eradication Plan; the other was a public consultation document on what guidance should be issued to Natural England on the "Implementation and Enforcement of a Badger Control Policy". The Ministerial Foreword to the first document included this passage:
