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Submission by the UK Government to the Standing Committee of the Bern Convention

Tuberculosis in cattle and badgers

Summary

i. The attached document responds to Recommendation No. 69, which was adopted by the Standing Committee on 4 December 1998. It concerns the randomised badger culling trial being undertaken as part of the UK’s bovine tuberculosis (TB) control strategy.

ii. In summary, the recommendation requests the United Kingdom to:

  1. postpone the implementation of the culling trial for a year;
  2. explore other satisfactory solutions for the control of bovine tuberculosis that do not involve badger culling; and
  3. inform the Committee on what grounds, mentioned in Article 9 of the Convention, the exception from the provisions of Articles 7 and 8 is being made, and inform the Committee also of all relevant aspects of the culling trial.

iii. The United Kingdom Government regrets that the Recommendation was adopted before it had been given time to explain its case fully to other Contracting Parties and considers that it ignores the thorough scientific review of the issues and the expert advice on which the Government has acted. The UK Government asks the Standing Committee to take full account of the explanation provided in these papers.

iv. Action must be taken to check the increase of tuberculosis in cattle in parts of Great Britain, which is causing considerable concern. It is a serious disease and a potential risk to human health.

v. In 1997 a distinguished committee chaired by a top scientist from the University of Oxford carried out an independent and thorough review of the science. There has been wide public consultation on the committee’s report.

vi. In August 1998 the UK Government announced a new long-term strategy for the control of TB in cattle, after carefully considering the committee’s recommendations and the public response. The five-point strategy includes strengthened cattle controls, extensive research and an attempt to reduce the risk of infection from wildlife. The culling trial is just one element of this broad programme.

vii. The UK Government has suspended badger culling throughout most of Great Britain. However, as the badger is a recognised reservoir of TB infection in wildlife, it has accepted Professor Krebs’ conclusion that a trial to test the effectiveness of culling is needed as part of its long-term strategy.

viii. The badger is not an endangered species in the United Kingdom; on the contrary, its numbers have greatly increased over the last 10-15 years at least. It has long had national statutory protection going well beyond the requirements of the Convention and this is actively enforced.

ix. There is no threat to the overall badger population or risk of elimination of local populations. The trial is carefully controlled and strictly limited. Culling will take place in less than 1% of the area of Great Britain and then only for short periods at a time. Operational constraints imposed by the Government to protect animal welfare will prevent indiscriminate killing and allow some animals in each locality to escape trapping.

x. As to the points raised by the Standing Committee in Recommendation no.69:

  1. the UK Government took careful note of the request for postponement, but believes it would have been wrong to suspend the culling trial. Bovine TB is a very serious disease and a potential risk to public health. The trial has been carefully designed to resolve the hotly debated question of the contribution that the badger may make to TB in cattle and the effectiveness of culling as a means of control; it has been strongly recommended by the Government’s scientific advisers and is an essential part of a wide-ranging set of measures. Experience with other zoonotic diseases shows that there can be high risks in delaying investigation of a key issue;
  2. the UK Government has thoroughly explored all possible solutions for controlling bovine tuberculosis, both through the Krebs review and subsequent consultation. Its five-point strategy is designed to use all existing methods and develop new solutions; any strategy must include measures to prevent infection of cattle from wildlife;
  3. the attached submission gives information on all relevant aspects of the trial. It explains why the UK Government’s strategy takes full account of the need to protect wildlife and fully accords with both the spirit and the letter of the Convention. It details compliance with Articles 7 and 8 and demonstrates that the following Article 9 exemptions are applicable:
  • for the prevention of serious damage to livestock;
  • in the interests of public health; and
  • for the purposes of research.

xi. The UK Government concludes that the action to which Recommendation 69 was addressed does not breach the Bern Convention.

London

8 July 1999

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Page last modified: 12 August 2003
Page published: 5 February 2003

Department for Environment, Food and Rural Affairs