Badger cull hit by further delay after legal fight

The trust yesterday won an appeal against a previous rejection of its arguments against the Welsh Assembly Government's intention to lead the way, by starting a cull this summer in the TB hot spots of north Pembrokeshire and neighbouring parts of Carmarthenshire and Ceredigion, where nearly four herds in 10 have had outbreaks in the past six years.

Lord Justice Pill, speaking for the three appeal judges, agreed with the Badger Trust that the Welsh Assembly was wrong to make an order for the whole of Wales on the basis of evidence from within the so-called Intensive Action Pilot Area.

It was a technical point, which does not stop future orders being made in Wales or England, but it means the Welsh cull is delayed again.

Defra has been thought to be holding back on action in England in order to learn from the Welsh experience.

The new Government has promised to try culling, which was ruled out by Leeds Central MP Hilary Benn when he was Secretary of State at Defra.

Speaking at the Great Yorkshire Show yesterday, NFU president Peter Kendall said: "This decision means more delay, and more frustration for the thousands of farming families who have had their businesses and lives ruined by the scourge of TB. I cannot see it stops another try at some point. But it obviously slows things down. I want Defra to look at the ruling and make sure its arguments are in place when it does what it is committed to do."

In the decision, the judges said Welsh Rural Affairs Minister Elin Jones had made a reasonable case that culling might make a significant difference in the areas of concern but had not made the case, as required by law, for all the areas to which her order would apply.

Lord Justice Pill said: "Wales is a small country but there will be situations, of which this is one, where power devolved to the Welsh Assembly Government will need to be exercised on a regional basis within Wales and not made subject to a single regime which applies throughout Wales."

Commenting on the judgement, the First Minister of Wales, Carwyn Jones, said: "We will consider the implications of the judgement, but we cannot allow a situation to persist where TB increases year on year in Wales."

The RSPCA said: "We believe vaccination, increased levels of testing, improved biosecurity and stricter controls on the movement of cattle, are more sustainable and effective ways of reducing the incidence of bovine TB."

The Badger Trust said its fight in the Welsh courts had cost six figures.

Trust chairman David Williams said: "We have invested our supporters' subscriptions and donations to support our conviction that the law had to be tested. The total bill will be a huge sum for us but it has paid off handsomely.

"Although some farmers may see this judgement as a setback, the massive body of rigorously peer-reviewed literature shows that killing badgers can play no meaningful part in the eradication of bTB."