High Court rejects claim that Welsh badger cull is unlawful

The High Court has rejected a judicial review brought by an animal charity aimed at preventing a planned cull of badgers in south-west Wales.

The Badger Trust had applied to the court to overturn the TB Eradication Order (Wales) 2009 passed by the National Assembly of Wales last year on the grounds that the decision was unlawful because it had not established that a cull is strictly necessary to eliminate or substantially reduce the spread of tuberculosis.

However, following a hearing at of the High Court in Swansea, Mr Justice Lloyd rejected the claim, ruling that the decision taken by the Welsh Assembly was lawful.

Welcoming the judgment, the Rural Affairs Minister for Wales, Elin Jones said that the Welsh Assembly would now go-ahead with plans to sanction the pilot badger cull in north Pembrokeshire, with a view to extending it across the country if successful.

He said: “Bovine TB is one of the biggest problems facing cattle farmers across Wales, and we have to tackle all sources of the disease. We are dealing with an epidemic that has serious consequences for us all and we must stamp it out. Over the past three years, with advice from experts, we have put in place a comprehensive programme to eradicate TB across Wales. This includes more testing of cattle, identifying and getting rid of the disease in cattle at an earlier stage and improving on farm practices. We need to read and digest this verdict. In the meantime, we will continue with the preparations in the pilot area”

Since 1997, the number of cattle put down due to Bovine TB has increased from 700 per year to 11,000.

The Badger Trust, which  was represented by Bindmans Solicitors, is believed to be considering an appeal.