NFU 'considering options' after High Court decision against badger culling in Derbyshire

Farmers’ leaders say they are considering options after mounting an unsuccessful High Court challenge to a Government decision not to introduce badger culling in Derbyshire in a bid to control bovine TB.

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A High Court judge has ruled against badger culling in DerbyshireA High Court judge has ruled against badger culling in Derbyshire
A High Court judge has ruled against badger culling in Derbyshire

Lawyers representing the National Farmers’ Union (NFU) said a “direction”, made in September 2019, was “irrational” and said the real reason for the decision was because Prime Minister Boris Johnson took a “personal interest”.

They told Mrs Justice Andrews that lobbying by Badger Trust chief executive Dominic Dyer included meeting Mr Johnson’s partner, Carrie Symonds, in Downing Street.

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Environment Secretary George Eustice disputed the claims, denied that the decision was irrational and said the challenge should be dismissed.

Mrs Justice Andrews, who analysed arguments at a High Court hearing over Skype in April, on Wednesday ruled in his favour.

Want more farming and rural news? Join our dedicated Facebook group.She dismissed the NFU challenge and concluded that the decision was not irrational.

NFU deputy president Stuart Roberts said the ruling will have a “chilling effect” on farmers looking to engage with the Government on TB policy.

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“If the Government’s arguments in this case are right and it can disregard its own policies at the final second, how can farmers ever trust again that the Government will do what it says it will?” he said.

“We are considering our next options with our legal team and with the affected farmers in Derbyshire.”

Mr Roberts said the decision had left him “shocked and dismayed”.

“The actions of the Government last September amounted to a complete U-turn on established government policy,” he said.

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“The eleventh-hour direction by the Secretary of State was made against absolutely all the scientific and veterinary advice and left farmers in the Derbyshire area, who met all the licence criteria, completely devastated.

“Many of them had seen this cull as their last hope at dealing with this awful disease which has been devastating their cattle herds and crippling their business for years.”

He added: “It remains our view that it simply cannot be lawful for the Government to make policy up on the hoof. Affected farmers invest a huge amount of time and money applying for a licence and they are entitled to have their application dealt with fairly.”

A spokesman for the Department for Environment, Food and Rural Affairs welcomed the ruling and added: “The Government remains committed to its strategy to combat bovine TB which leads to the slaughter of over 30,000 cattle every year and considerable trauma for farmers.”