This gives a summary of the key sections of legislation under which the Welsh Assembly Government and its agents/contractors will conduct culling of badgers in north Pembrokeshire and parts of Ceredigion and Carmarthenshire from 2010 for at least 5 years. The intention of providing this summary is to make you aware of what powers WAG and its agents/contractors have taken, and also what are the legal obligations imposed on them by the legislation - obligations that you can insist that WAG adheres to are shown red below.
The badger is a protected species under the Convention on the Conservation of European Wildlife and Natural Habitats, or 'Bern Convention' (text of the convention is here.) Badgers are protected in the UK by The Protection of Badgers Act 1992.
The primary legislation in this case is the Animal Health Act 1981, under which the Minister for Rural Affairs had made the secondary legislation, The Tuberculosis Eradication (Wales) Order 2009, statutory instrument no. 2614. Where there are differences, primary legislation takes precedence.
6. It is an offence against the Act for a person-
(a) to take into captivity, harbour, conceal or otherwise protect wild members of the badger species with intent to prevent their destruction or their being treated with vaccine;
(b) in any other way to obstruct or interfere with anything which has been, is being or is to be done or used in connection with that destruction or their being treated with vaccine; or
(c) to aid, abet, counsel or procure another person to commit such an act.
[note that 6(c) does not appear in the Animal Health Act - see below]
21 (5) An order under this section may include provision-
(a) for ensuring that destruction of wild members of any species to which the order relates is properly and effectively carried out, and in particular-
(i) for preventing persons from taking into captivity, harbouring, concealing or otherwise protecting wild members of any such species with intent to prevent their destruction, or
(ii) in any other way obstructing or interfering with anything which has been, is being or is to be done or used in connection with that destruction.
(b) for regulating the ownership and disposal of the carcases of members of any such species destroyed in the area to which the order relates.
21 (6) Before commencing the destruction of wild members of a species on any land within an area to which an order under this section applies the Minister shall take all reasonable steps to inform-
(a) the occupier of the land, and
(b) any other person who may be there,
of his intention to carry out that destruction and of the methods of destruction to be used.
It shall be the Minister's duty to ensure that destruction is carried out on any such land in as safe a manner as is possible in all the circumstances.
(emphasis added)
5.-(1) An authorised officer may enter any premises, except a dwelling house, for the purpose of treating badgers with vaccine.
(2) The powers conferred by this article and by section 22 of the Act (powers of entry for s.21) extend to the taking of any action which is necessary to, or is otherwise required in connection with-
(a) treating badgers with vaccine; or
(b) destroying badgers.
22 (3) An authorised officer may at any time enter any land in the area to which an order under section 21 applies for any of the following purposes-
(a) to carry out the destruction of any wild members of a species to which the order relates that may be on that land;
22 (6) A person entering any land in the exercise of powers conferred on him by this section shall, if so required by the owner or occupier or person in charge of the land-
(a) produce to him some duly authenticated document showing his authority; and
(b) state in writing his reasons for entering.
(emphasis added)
1.-(2) In this Order- "authorised officer" ("swyddog awdurdodedig") means-
(a) an officer of the Welsh Assembly Government;
(b) a veterinary inspector; and
(c) any person, who, not being such an officer or inspector, is authorised by the Welsh Ministers to exercise the power conferred by this Order.
5.-(3) The authorised officer may take with him or her-
(a) such other persons as he or she thinks necessary to give such assistance as he or she thinks necessary;
(b) such equipment as he or she thinks necessary.
[ note, the Act - below - does not say the authorised officer can take anyone else with him/her ! If so, what is the point of any authorisation at all?]
22 (1...the following persons are authorised officers for the purposes of this section-
(a) an officer of the appropriate Minister,
(b) a veterinary inspector, and
(c) any person who, not being such an officer or inspector, is authorised by the appropriate Minister to exercise the powers conferred by this section,
The Badger Trust launched a judicial review of the decision to cull, and the 'pre-protocol letter' sent by the Trust's solicitors to do so is available here.
Judgement in the Badger Trust judicial review of the Welsh Assembly's planned badger cull was announced in Cardiff on the 16th April 2010. On narrow legal grounds the judge gave the benefit of the doubt to the Minister for Rural Affairs, Elin Jones. But in the course of the 2-day hearing, it became clear that the 'benefits' of culling badgers will be limited and shortlived - a 6 to 9% reduction for only 2 years following 5 years of the cull. Farmers have been misled and given false hope.
You can download the full judgement here. More information, such as the arguments presented by each side, can be found on the Badger Trust's website. Also of interest are Dr Glossop's Witness statement to the Judicial review and the statement submitted by Dr Rosie Woodroffe. It should be noted that Dr Rosie Woodroffe's statement was denied on a technicality and was therefore not considered by the judge, but it remains a valuable insight into the opinion of a world expert in this field and a member of the original Independent Scientific Group on Bovin TB who carried out the recent UK assessment of badger culling. See the Science page for more information.