AGENDA ITEM 7
BOROUGH OF POOLE
COUNCIL
22 JULY 2014
RESPONSE TO THE PETITION REQUESTING THE COUNCIL TO PROHIBIT THE
CULLING OF BADGERS ON COUNCIL OWNED LAND: REPORT OF THE HEAD
OF ENVIRONMENTAL HEALTH AND CONSUMER PROTECTION SERVICES.
PART OF THE PUBLISHED FORWARD PLAN
NO
STATUS Service Delivery
1.
PURPOSE
1.1
To provide Councillors with information on the current status of badger culling
and badger vaccinations in Poole.
2.
RECOMMENDATION(S)
2.1
A. That Councillors acknowledge the interest of the public in badger culling
and commit to a review of the Borough of Poole position should a firm
proposal to cull in Poole be established by Government.
OR
B. That Councillors agree to prohibit the culling of badgers on council-owned
land should a firm proposal to cull in Poole be established by Government.
2.2
That Councillors recommend that any decisions on badger vaccination
programmes be delegated to the Service Unit Head as an operational
decision, with no action to be taken at present.
3.
EXECUTIVE SUMMARY
3.1
Borough of Poole received a petition of 1300 signatures on the topic:
“We, the undersigned, call on the borough of Poole council to prohibit the
culling of badgers on council-owned land and invest in vaccination
programmes locally. We ask this because we believe culling to be inhumane,
inefficient and unscientific.”
3.2
The Badger Protection Act 1992 is the primary legislation, which makes it
illegal to kill, injure or take badgers. Exemptions to this are only permitted
under licence from Natural England in two trial cull areas (Somerset and
Gloucestershire). It is not currently possible for anyone outside of these trial
areas to apply for a licence to cull.
1
3.3
If Dorset were to become a Government target area for badger culling in the
future, the decision on whether to partake in the cull would sit with the
landowner. This means Borough of Poole would not be obliged to take part.
3.4
There are approximately 100 badgers on or near to sites grazed by livestock
in Poole. The risk of badger to cattle transmission of Bovine Tuberculosis
(bTB) is considered low. The primary purpose of a badger vaccination
programme in Poole would be badger welfare. There is no legislation in
relation to proactive badger welfare and the decision to undertake a
vaccination programme rests with the landowner.
4.
BADGERS, LIVESTOCK AND BOVINE TUBERCULOSIS IN POOLE
4.1
Bovine Tuberculosis (bTB) is a disease that affects cattle. Other species
which may act as carriers (showing no symptoms) or sufferers include
badgers, deer, sheep, pigs, and humans. Outbreaks of bTB have occurred in
Dorset, primarily in Purbeck but also in the Stapehill and Ringwood areas.
4.2
Livestock are present in several areas of Poole, including:
- Cattle at Upton, Corfe Hills, Merley, Canford Heath and Bourne Valley;
- Sheep in Merley and Talbot Village;
- Pigs and llamas in Parkstone and Alderney.
4.3
Grazing with livestock is an important management technique to conserve and
enhance Poole’s natural habitats. The Council has a Higher Level
Stewardship agreement with Natural England. This includes an annual
conservation grazing supplement of £24,356.50. Failure to graze would result
in both cessation of payments and potential clawback of previous payments.
The stock grazing on Borough of Poole sites are vaccinated directly for a
variety of diseases, however a bTB vaccination is not yet permitted. All
registered cattle have to be tested regularly for bTB.
4.4
There is no accurate data on the badger population size in Poole. Borough of
Poole estimates there are approximately 100 badgers on or near to sites that
are currently grazed with livestock. Dead badgers have been found on
Borough of Poole open spaces on a handful of occasions, though not within
the last ten years. These were sent to the Department of Environment, Food
and Rural Affairs (DEFRA) veterinary services and tested positive for bTB
though cause of death was not determined.
4.5
The likelihood of badger to cattle transmission of bTB in Poole is considered
low. The impact of such transmission would be high, resulting in all or part of
the infected herd being slaughtered. It should be noted that other species
which are more prevalent in Poole, including deer, can transmit bTB. This is
also considered to be a low risk.
5.
BADGER CULLING
5.1
A badger culling programme was introduced by Government in 2013 as part
of a package of measures to control bTB in cattle. Culling is only permitted in
2
two trial areas (Somerset and Gloucestershire) under licence from Natural
England. Culling is carried out by groups of farmers and landowners and is
not obligatory within trial areas.
5.2
Dorset has been chosen as a reserve pilot cull area. Natural England is
processing this application; however badger control will only take place in
Dorset if operations in one of the original pilot areas cannot proceed. Maps of
the reserve trial area are not available and Poole may not be included.
5.3
No new applications for culling licences will be accepted by Natural England
until the Independent Panel of Experts has reviewed the pilot. Once they have
established whether controlled shooting is effective, safe and humane,
Ministers will decide whether or not to roll out the policy more widely.
5.4
The position taken by local authorities is mixed. Some councils, including
Hampshire, Forest of Dean and Bolton, have voted to ban culling on the land
they own and/or control (even though it is not currently possible). Others,
including Devon and one of the trial areas Gloucestershire, have rejected a
culling ban.
5.5
Culling in target areas is carried out by shooting; it is unlikely that Borough of
Poole would consider it appropriate on public open spaces. There would also
be a high likelihood of strong public reaction to any cull.
6.
BADGER VACCINATIONS
6.1
Badger vaccinations programmes are underway in parts of England and
Wales as an alternative to culling. Their effectiveness is not fully known but
early indications suggest they may have some benefits for cattle. The Dorset
Badger Vaccination Project suggests a successful vaccination programme
can result in a 74% reduction in badgers testing positive to bTB, indicating
potential benefits to badger welfare.
6.2
The Dorset Badger Vaccination Project operates a scheme subsidised by
donations which charges £20 per badger successfully vaccinated.
Commercial operators are thought to charge upwards of £200 per badger.
7.
FINANCIAL IMPLICATIONS
7.1
There is currently no scope for badger culling in Poole and therefore the
potential financial implications have not been assessed.
7.2
To undertake an initial badger vaccination programme for all badgers on or
near to Borough of Poole owned open spaces which are currently grazed
would be c.£2,000 through the Dorset Badger Vaccination Project or
c.£20,000 through private contractors. Further costs would arise in future
years as new cubs are born; this would be an ongoing revenue cost.
3
8.
LEGAL IMPLICATIONS
8.1
The primary legislation in relation to badgers is The Badger Protection Act
1992. This makes it illegal to kill, injure or take badgers or to interfere with a
badger sett.
8.2
The culling schemes currently in operation in Somerset and Gloucestershire
are carried out under licence from Natural England. These licences permit the
landowners within the trial areas a specific exemption from the legislation in
accordance with detailed licence criteria.
8.3
There are no legislative requirements on local authorities to carry out badger
vaccinations or other proactive welfare measures.
8.4
Members should be aware that there is case law relating to the extent of a
Local Authorities power in relation to animal welfare concerns. Before the ban
on hunting with dogs was introduced Somerset County Council was judged to
have exceeded its powers by banning stag hunting on its land. The rationale
was that this was a moral or political judgement of the type that a Local
Authority was not empowered to make.
8.5
This case doesn’t seem to have been considered by those authorities who
have agreed to a ban on culling. There are two possible considerations that
could probably now defeat the Somerset case. Firstly the Localism Act 2011
does provide a power of general competence to allow an authority to do things
which an ordinary person could do (subject to some limitations). Secondly, at
present, it seems that the decision on whether to apply for a culling licence is
one for a landowner to make and therefore this is a genuine choice for the
Council in deciding the matter. In other words, a positive action would be
required in order to decide to apply for a licence. This can be distinguished
from the Somerset case, where, at the time in question, hunting was lawful
and there was no power or discretion to disallow it on open land.
8.6
A small amount to the Council’s land is let on agricultural tenancies and
managed by those tenants. No consultation has been given at this time as to
whether the Council has the ability to enforce a ban on the land under its
existing terms of tenancy.
9.
RISK MANAGEMENT IMPLICATIONS
9.1
The risk of badger to livestock transmission of bTB in Poole is considered low.
9.2
The benefits of a badger vaccination programme to livestock management are
not known.
10.
CONCLUSION
10.1 There is currently no potential to cull in Poole as Dorset is not one of the
Government trial areas.
4
10.2 Without local evidence on effectiveness, there is currently no priority to
vaccinating badgers in Poole and there is no dedicated funding to do so. At
this time it is not recommended that Borough of Poole initiate a badger
vaccination programme; however Environmental and Consumer Protection
Services will monitor the situation and amend this position if appropriate.
Report Author: Shaun Robson, Head of Environmental and Consumer
Protection Services
Contact officer: Kate Mitchell, Open Spaces Development Manager
5