If material is not included in the chapter's Creative Commons license and your intended use is not permitted by statutory regulation or exceeds the permitted use, you will need to obtain permission directly from the copyright holder. NA FT 1/59. Lord Arran started working on badger protection from 1966 (HL Deb 4 July 1966 vol. Environmental Protection Act Established in 1974, the Environment Protection Actis the environmental law in the UK th For broader debates around the establishment of the post-war British state, particularly relating to the welfare state and post-war military/scientific infrastructures, see Edgerton, Warfare State. Where a constable has reasonable grounds for suspecting that any person is committing an offence under this Act, or has committed an offence under this Act and that evidence of the commission of the offence is to be found on that person or any vehicle or article he may have with him, the constable may. Hilda Kean, The Smooth Cool Men of Science: The Feminist and Socialist Response to Vivisection, History Workshop Journal 40 (1995): 1638; Kean, Animal Rights; Emily Gaarder, Women and the Animal Rights Movement (New Brunswick, NJ: Rutgers University Press, 2011). This comprised a deep appreciation of experiential knowledge of landscapes; the belief that to properly study wildlife, the naturalist must work with the contingency, freedom and agency of animals; and a pragmatic recognition of the violent, messy, unhuman nature of animal lives and deaths. The images or other third party material in this chapter are included in the chapter's Creative Commons license, unless indicated otherwise in a credit line to the material. Like MAFFs pest control scientists, they were also deeply concerned with good science, but ultimately gave a higher priority to protecting environments. Hill, Perspectives of Conflict at the WildlifeAgriculture Boundary; Crowley, Hinchliffe and McDonald, Conflict in Invasive Species Management. Badger baiting (using dogs to fight a badger) has been outlawed since 1835, and digging for them was made illegal by the Badgers Act 1973. (2)Within an area of special protection, an authorised person shall not be guilty of an offence under section 1(1) of this Act by reason of. While it is tempting to reach for essentialist explanations involving womens emotionality and ability to connect with animals (and many have), better answers can be found by examining the intersections of gender, power, expertise and empathy. A licence granted under this section may be revoked at any time by the authority by whom it was granted, and without prejudice to any other liability to a penalty which he may have incurred under this or any other Act, any person who contravenes or fails to comply with any condition imposed on the grant of a licence under this section shall be guilty of an offence. Watkins-Pitchford (London: Putnam, 1963). While the differences between the even wider range of actors involved with the new problem of badger/bTB did not disappear, this shared purpose created a spirit of collaboration which was to persist for the next few years. Evans, A History of Nature Conservation in Britain, 1023. A coalition of scientists, naturalists, journalists and civil servants worked together to convince government that conservation could help advance British interests by supporting national forestry and leisure industries.14 The creation of the British nature state was brought about via the creation of interconnected policy structures, new institutions and legislation, firstly regulating planning in 1947 and then protecting specific sites and landscapes (including the creation of National Parks) from development in 1949.15 The protected land encompassed coastal, marshland, moor, meadow and forested landscapes, and brought in specific sites with unique features or rare species which had already been under the management of non-governmental bodies for some years. 27.] If any person shall be found committing an offence under section 1 of this Act on any land, it shall be lawful for the owner or occupier of the land, or any servant of the owner or occupier, or any constable, to require that person forthwith to quit such land and also to give his name and address; and if that person on being so required wilfully remains upon the land or refuses to give his full name or address, he shall be guilty of an offence. While knowledge was important for badger advocates, just as it was to the pest control scientists, valid knowledge could be derived from a wider range of sources, including personal experience of working closely with animals.117 This helps to explain the vociferous conflict between Lord Zuckerman and Ruth MurrayMurray had become an authoritative expert within the badger protection community and had argued for many years that badgers did not get bTB. In Somerset, a naturalist by the name of Eunice Overend (Fig. Eunice Overend provided an excellent example of this culture of care, as seen in Fig. Following the National Trusts programmes of land acquisition, the Society for the Promotion of Nature Reserves (now known as the Wildlife Trusts) was founded in 1911, creating a more organised structure for the acquisition and legal protection of land.9 Before and after the First World War, many poets and artists were inspired by British landscapes, and helped to rekindle concerns over the destructive potential of modernity to create human and animal suffering and damage wider environments.10 While upper-class participation in fox hunting rose during the interwar years, middle- and lower-class hunting practices such as otter hunting and badger digging started to decline in popularity. An Act to prohibit, save as permitted under this Act, the taking, injuring or killing of badgers. 1973: The "Look Out For the Badger" campaign was successful in securing the Protection of Badgers Act but, due to pressure from fox-hunters, landowners were still authorised to kill badgers. without formal training or payment) naturalists, and a persisting blurring of the boundaries between the two.17 As conservation campaigns gradually gained traction, natural history practices also shifted away from the catching, killing and collection of wild animals towards observation and recording in the field. Changes we have not yet applied to the text, can be found in the Changes to Legislation area. D. A. Cadwaller, Note for the File: Badgers and Bovine TB in Gloucestershire, 23 March 1972, NA FT 41/88. Naturalists including Ernest Neal, Eileen Soper and Norah Burke drew media, public and political attention to badgers through their popular natural history research, writing and illustration, while campaigners Ruth Murray and Jane Ratcliffe built a diverse coalition of support for badger protection. The local badger recorder of the Mammal Society, Arthur Killingley, helped MAFF officers with initial surveys in Gloucestershire, while the animal handling expertise of Jane Ratcliffe and Ruth Murray was drawn upon to help PICL scientists develop ethical practices for catching and killing the animals. Dolly Jorgensen, A Blueprint for Destruction: Eco-Activism in Doctor Who during the 1970s, Ecozon@: European Journal of Literature, Culture and Environment 3(2) (2012): 1126; Wilson, The British Environmental Movement, 26382; Lisa Garforth, Green Utopias: Environmental Hope Before and After Nature (Cambridge: Polity Press, 2017). Along the way, it will illustrate the multiple cultures of care involved in badger protection and demonstrate how shifting relationships between them have led to dramatic and sometimes unforeseen policy change. These naturalists used their skills of observation and expression to convey the situation to others, create empathy for badgers and build new alliances, generating public and political pressure for protective legislation. B. Tay, MP acts to end badger slaughter, Daily Mirror, 30 November 1964, 11. Beale, Tinbergian Practice, Themes and Variations; Lorimer, Counting Corncrakes; Lys Alcayna-Stevens, Habituating Field Scientists, Social Studies of Science 46(6) (2016): 83353; Philip Lowe et al., Expertise in Rural Development: A Conceptual and Empirical Analysis, World Development 116 (1 April 2019): 2837. The enduring testimony to her fight against the digging, baiting and killing of badgers is the 1973 Badgers Act - the first protection for wild land mammals ever passed by parliament. This chapter will document these changes as MAFF implemented a state-led culling policy, while investigating the poorly understood connection between badgers and bTB. This victory, combined with wider wildlife protection legislation, resulted in a shift in focus in badger campaigning back to persecution and protection, with further gains during the early 1990s. The legislation enabled the creation of the Nature Conservancy (renamed in the 1970s as the Nature Conservancy Council, NCC) as the worlds first statutory conservation body, charged with the multiple roles of administering and physically maintaining protected land; providing scientific advice to government; and developing new scientific research to better understand the animal and plant communities living at these sites. P. E. Baker (Home Office), Letter to H.V. use for the purpose of killing or taking any badger any firearm other than a smooth bore weapon of not less than 20 bore or a rifle using ammunition having a muzzle energy of not less than 160 footpounds and a bullet weighing not less than 38 grains. Different options to open legislation in order to view more content on screen at once. RSPCA is the Royal Society for Protection of Animals, founded in 1824. A flourishing of new badger protection groups, naturalists and animal welfare campaigners were reporting problems with gassingwhich were initially dismissed and then vindicated by laboratory experiments, leading to the abandonment of the technique. Thompson, Animal Welfare and the Control of Vertebrates, 57. Wickham Malins, Bully & the Badger: The Remarkable Story of a Badger Cub Fostered by a Bull Terrier and Eventually Returned to the Wild. as respects Scotland, the council of a county or a burgh. Peter Marren, The New Naturalists: Half a Century of British Natural History (London: HarperCollins, 1995); Coates, Moon and Warde, Local Places, Global Processes. Lambert, The Grey Seal in Britain, 460. Eileen Alice Soper, When Badgers Wake/Written and Illustrated by Eileen A. Soper (London: Routledge & Kegan Paul, 1955); Eileen Alice Soper, Eileen Sopers Book of Badgers (London: Constable and Robinson, 1992), 7. Griffin, Blood Sport, 19293; Tichelar, The History of Opposition to Blood Sports in Twentieth Century England, 5069. For example, Harry Thompson (head of the PICL Mammals group and later president of UFAW) wrote, The basic attraction of wild animals is the aesthetic pleasure to be derived from watching and hearing them pursuing their own affairs without interference (my emphasis).127 Pest control science seemed to formally practice animal welfare care, while also informally practicing conservation care. Badgers were identified as carriers of the disease in 1917 and the Badgers Act of 1973 allowed for farmers to be given licences to kill badgers on their own farms. Gas had been used, and there was no sign that any badgers had lived to make their way out. In my view, to characterise this as a conflict between uncaring, patronising, male experts and caring female lay activists (connected with animals and nature) would do all involved a considerable disservice. She successfully mobilised her local WI behind her cause, putting forward a resolution eventually endorsed by the WIs AGM (representing about half a million women) in 1970. I. Beales, The watchdogs meet tomorrow, as the gassing goes on, 21 June 1979, Western Daily Press, in ZUEA S2 PUBS 425. If, save as permitted by or under this Act, any person wilfully kills, injures or takes, or attempts to kill, injure or take, any badger, he shall be guilty of an offence. At the end of section 2 (Offences of cruelty) of the [1973 c. Our warren destroyed. Destroyed? An Act to prohibit, save as permitted under this Act, the taking, injuring or killing of badgers. As naturalists started to follow and learn from badgers in the wild, they became increasingly aware that other people were persecuting and killing these obscure beasts. Just as we have already done with animal health and disease ecology, to understand badger protection campaigners responses to badger/bTB, we must place them in their broader historical contextsthis time of mid-twentieth-century natural history, environmental and animal politics. It was field-based accounts of problems with gassing, often coming from lay naturalists, which were the primary driver of the collapse of the early 1970s culling consensus, and which were roundly dismissed (but ultimately vindicated) by the Zuckerman review. Photograph by Roger Bamber, reproduced by his permission with thanks, These badger protection campaigns took place within and contributed to a wider context of accelerating shifts in animal and environment politics in Britain during the second half of the 1970s. This service is more advanced with JavaScript available, Vermin, Victims and Disease The Badgers Act 1973 afforded limited protection against badger digging, and was finally outlawed in 1981. How? Men came filled in the burrows, couldnt get out. Badgers first became protected in 1973 following the introduction of the Badger Act. Neal, The Badger Man, 216. Edna Jane Ratcliffe, Through the Badger Gate. One point of difference which has not yet been discussed is that of gender. Henderson, Report of the Committee on Cruelty to Wild Animals, para. The National Trust (for Places of Historic Interest or Natural Beauty) was primarily concerned with the preservation of land, including human artefacts (such as buildings) and non-human features (landscape but also plants and animals). The consensus forged around MAFFs policy in 1975 had temporarily changed badgers role from vermin/charismatic victim to that of the diseased, suffering animal patient, to be put out of its misery. The committees report was later cited by the 2000 Burns Inquiry into Hunting with Dogs, which resulted in the banning of fox hunting in the UK; see Lord Burns et al., Report of Committee of Inquiry into Hunting with Dogs in England & Wales (London: HMSO, 9 June 2000). (a)the taking or attempted taking of any badger which had been disabled otherwise than by his act and was taken or to be taken solely for the purpose of tending it; (b)the killing or attempted killing of any badger which appeared to be so seriously injured or in such a condition that to kill it would be an act of mercy; (c)the unavoidable killing or injuring of any badger as an incidental result of a lawful action. Soper, Eileen Sopers Book of Badgers, 51. under any other section of this Act shall be liable on summary conviction to a fine not exceeding 100: The court before whom any person is convicted of an offence under this Act shall order the forfeiture of any badger or skin thereof in respect of which the offence was committed and may, if they think fit, order the forfeiture of any weapon or article in respect of or by means of which the offence was committed. Murray, Live Trapping of Badgers, Their Removal, Release and Rehabilitation in a New Area, 86. The Story of Badgers, their Persecution and Protection, and of a Cub Reared and Returned to the Wild (London: Bell, 1974), 8; Michael Clark, Badgers/Michael Clark; with Illustrations by the Author (London: Whittet, 1988), 78; Soper, When Badgers Wake. Martin Rosen, Watership Down, film (United Kingdom: Nepenthe Productions Ltd, 1978). These changing cultural ideas were part of a larger set of social changes in humananimal relations in the UK, as campaigners mobilised over the killing and exploitation of wildlife from sport-shooting, natural history collecting and wider environmental damage; as well as cruelty to animals on several fronts including sport-fighting, vivisection and the abuse of pets and livestock.4 It was during the nineteenth century that key British organisations campaigning for the protection and preservation of animals and landscape came into being. The appropriate authority for the grant of a licence under the foregoing subsection shall be. The Environmental Protection Act 1990. In turn, as we have seen, government officials in MAFF and the Home Office finally aligned themselves with the campaign for badger protection. Davies et al., Science, Culture, and Care in Laboratory Animal Research; Druglitr, Skilled Care and the Making of Good Science. In 1965, the NCC remained unenthusiastic, replying to Norah Burke that they would only be interested in legislation to protect all mammals that are relatively harmless to economic interests, while stressing the need for selective control of badgers.61 The NCC maintained this stance, advising Home Office colleagues that badger protection was not required, and interpreting the early findings of Ernest Neals badger survey to support their position, even though Neal himself disagreed.62 However, once the NCC heard the news about bTB their attitude towards badgers changed, becoming much more protective. During the 1980s, campaigners turned their attention back to their core concerns of badger persecution, leaving MAFFs scientists to investigate the increasingly complex science of badger/bTB, while policymakers tinkered with bTB policy. While the campaign initially gained ground, attempts to pass legislation foundered in a lack of cooperation from civil servants, and disagreements over whether and how government should act to control so-called rogue badgers. J. Ardill, Ministry will cut badger killing, Guardian, 8 April 1986, 2; George M. Dunnet, David M. Jones, and John P McInerney, Badgers and Bovine Tuberculosis: Review of Policy (London: HMSO, 1986). Key legislation such as the 1911 Protection of Animals Act was passed by Parliament partly because it only included captive and domestic animals, leaving hunting and cruelty to wildlife to continue unabated.7 1920s and 1930s campaigns against fox hunting and the use of spring-loaded gin traps were not supported by the RSPCA or National Trust.8 However, cultural and social attitudes towards wildlife did start to change, in a society primed by the ideas of Romanticism to increasingly think of nature as a source of sublime wonder, and wild animals as figures of sympathyit was around this time that the most famous good badger fiction, Wind in the Willows, was published. Resistance to seal culling started with naturalists closely following the animals themselves; and was built by shocking media coverage and unusual alliances, in this case between scientists, the World Wildlife Fund (WWF), Greenpeace, UFAW, the Seal Preservation Society and hunt saboteurs. 2020 Springer Nature Switzerland AG. Examples include the art of Paul Nash and Eric Ravillous; of particular relevance to badgers is Edward Thomass poem The Combe (1914); for early twentieth-century environmental aesthetics see Peter Coates, David Moon and Paul Warde, eds, Local Places, Global Processes: Histories of Environmental Change in Britain and Beyond (Oxford: Windgather Press, 2016). By the mid-twentieth century, these tensions had created a distanced relationship between conservation and animal protection movements in Britain. 5.1), this photograph shows an active negotiation between human and animal. Agar, What Happened in the Sixties?; Agar, Transition. Badgers are thick set, round backed mammals that are very powerful for their size. Access essential accompanying documents and information for this legislation item from this tab. Following these victories, the heat went out of the public controversy, as evidenced by the decoupling of press coverage of badgers from that of bTB discussed in Chap. The primary legislation is the Protection of Badgers Act (1992), which effectively consolidates all previous legislation, making it an offence to wilfully kill, injure or take, or attempt to kill, injure or take a badger. Naturalists had been writing to NCC officers to voice their concerns about badgers since at least 1955, but NCC officers regarded the badger to be a relatively common animal, and therefore not a conservation concern. Judge et al., Abundance of Badgers (Meles Meles) in England and Wales. Badger gassing was withdrawn following the vindication of campaigners concerns by research at Porton Down.

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