Western Daily Press (Saturday)
New twist in legal battle over game bird release
While the world does battle with coronavirus, another fight is gathering pace in the British countryside. Philip Bowern reports
THE legal challenge by TV presenter Chris Packham’s Wild Justice group to the Government, calling for it to ban the release of game birds except where it can prove protected natural areas will not be adversely affected, might seem relatively trivial today, compared to other, bigger problems.
But Mr Packham and his fellow Wild Justice directors, former RSPB director of conservation Mark Avery and campaigner Ruth Tingay, are pressing ahead with their challenge. This week it emerged that those opposing their call for a ban – shooting organisations including the British Association for Shooting and Conservation (BASC) and the Countryside Alliance (CA) – have been granted the right to take part in the case.
It means the fight could be all the more protracted, but, the shooting groups argue, also allows those who run shooting estates to have their say on a legal threat that could, potentially at least, have a significant impact in the countryside.
In a statement BASC said the organisation, along with the Countryside Alliance, the Game Farmers’ Association and the National Gamekeepers’ Organisation had been granted permission by the High Court to each register as a joint interested party in the Wild Justice proceedings against Defra.
It went on: “Permission was granted despite Wild Justice opposing the applications. Interested party status allows the organisations to take part in the proceedings, view papers and provide evidence to counter the challenge where necessary.
“This case will see Wild Justice claim that releasing birds, even at considerable distance, could damage Special Protections Areas (SPAs), Special Areas of Conservation (SACs) and Ramsar Sites. They will argue that no gamebird releasing should be allowed unless an assessment has shown there will be no impact on such sites.
A spokesperson for BASC said: “The decision to allow us to become interested parties shows the court’s recognition of the contributions that we can make to the issues being decided and its understanding that any eventual decision could significantly impact our members.
“The importance of becoming an interested party cannot be overstated. However, the work has only just begun. Judicial reviews can take time, so we advise all members who could be impacted by this challenge to remain up to date with the latest information and feed into the organisations whenever possible.”
Wild Justice, which launched its challenge to the legality of releasing game birds in November 2018 has accused Defra of dragging its feet on the issue. The Department accepted last year it was required to assess the impact of the releases on special protected areas, but has not moved fast enough for the BBC’s Mr Packham and colleages. Now Wild Justice says it wants a judicial review heard before July – the time at which releasing game birds for the 20202021 season would normally be due to start.
In a published extract from its witness statement Wild Justice says: “Imagine that there were no pheasants or red-legged partridges living in the UK at the moment and somebody suggested releasing nearly 60 million of them for the first time this summer!
“There is no possibility that such a situation would be nodded through by any competent government department. And yet the scale of non-native gamebird releases has been allowed to increase steadily and inexorably over recent decades with government and its agencies failing to regulate or even study these impacts in any adequate manner. That must end now because common sense requires it but so does the law as far as it pertains to Natura 2000 sites.”
Mr Packham added: “Defra has been dragging its feet on this issue since we first raised it. It is time to sort this out and Wild Justice is fully prepared for a court battle on behalf of UK wildlife. Our challenge relates to Natura 2000 sites in England but the impacts will be felt right across the UK countryside.”
Ministers may consider there are more important concerns facing the nation right now. The shooting season is a long way off but it must be a concern for some that, even with an autumn start date it could yet be affected. Nevertheless it is clear this issue is far from settled and that the coronavirus crisis has not changed the priorities of Wild Justice who remain determined to keep fighting. So, it is plain, do the shooting organisations, who have now won the right to play their part.
This decision shows the court recognises
the contribution shooting can make
BASC SPOKESMAN