Ross Clark
Win VIP tickets
I have an evolutionary theory that occurred to me while, minding my own business, I was attacked by a demented swan. It is this: the greater the number of laws preventing a beast from harm, the more nastily and bloody-mindedly it will behave. They seem to know, all these hornets, bald eagles, sparrowhawks, that mankind has adopted a subservient position. Keep looking cute, their genes tell them, and you can carry on snorting, biting, flapping with impunity.
But none has mastered this equation better than the badger. Earlier this week the Welsh Assembly announced that it was to license a limited badger cull in a desperate attempt to control the spread of bovine TB, which killed 21,000 cattle in Wales last year. To judge by the reaction from animal welfare groups, one might conclude the Assembly had approved the slaughter of the first-born.
It is right that rare species should enjoy protection under the law. But what, exactly, has the badger done to justify the uniquely draconian laws passed to defend it? Disturb a badger sett and under the Protection of Badgers Act 1992 you can go to jail for six months, multiplied by the number of badgers affected. In other words, block up a badger sett - you even don't have to kill and injure them - and, like H.M.Bateman's man who breathed on the glass of the British Museum, you won't see daylight again until your long white beard is trailing on the floor.
All this to defend an animal whose numbers have doubled over the past decade to 500,000 and which has become a far greater pest than the squirrels and rabbits that the law encourages us to cull.
The problem is that once a species manages to creep on to a protected list, there is no shifting it. Badgers have gained their untouchable status because, in the 1950s and 1960s, farmers were ploughing up their setts. A law requiring farmers to seek licences before destroying setts was passed in 1973. As a result, badgers featured in the Council of Europe's Bern Treaty in 1979, which committed Britain to protecting the species for ever after. The more badger numbers have increased, the more the Government has defended them. The 1992 Act does include provisions for farmers to seek licences to control badgers, but hardly any have been issued since 1997.
In other words, whether an animal is protected or not owes little to its current numbers; it just depends on how EU ministers were feeling after a good lunch in Switzerland 29 years ago. The danger is obvious: the less that wildlife protection laws match reality, the less respect they will command. Perhaps it is time European ministers convened again for lunch to discuss updating endangered species. I know of a black-and-white-striped creature that would make an ideal main course.
Win a luxury weekend to Newcastle and its neighbour Gateshead, find out more here
Risk, resilience and embracing new technology
Industry sectors news at a glance. Interactive heatmap, video and podcast
Discover the power of collective thinking. Submit a solution and be in with a chance to win a Media Hub Home Entertainment System
The inside track on current trends in the charity, not for profit and social enterprise sectors
Everything the Business Traveller needs to know to make a better trip
Make the most of the summer and enter our fabulous photographic competition, you could win a £5000 holiday
Corsica is an island of beauty and contrast, an ideal holiday destination
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
The clever way to lease a new car is with Car leasing made simple™
2009
per month on 36-month
Personal Contract Hire (PCH)
2008
42850
Car Insurance
£23,093 - £56,211
The Office for National Statistics
Newport, South Wales
£60,000
The Environment Agency
Bristol
Up to £90K
Boots
Midlands
OTE £85k
Credit Protection Association
Nationwide Opportunities
Completely London
Luxury Condo's in Manhattan with NYC views
The best new homes in Wimbledon?
Nationwide
Fabulous Cruise And Cruise & Stay Offers Including Virgin Atlantic Flights Prices Start From Only £699pp!
Last Minute Cruise And Cruise & Stay Offers. Med From £499pp, Caribbean From £699pp!
5 star quality at a 3 star price.
8 fabulous Canadian cities ...you won’t find cheaper
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Property Finder | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
I have spent a great deal of time and money on my garden over many years, which has given me great pleasure. Last year, however, the badgers decided to give me a visit. My lawn is now covered in large craters and my climbing plants have be destroyed due to the badgers digging under my fences.
Elaine, Reading, Berkshire
Wasn't there that badger that terrorised a family and wouldn't let them leave their house. Or was that a bad dream.
Claire, York,
News flash...humans numbers are at 7 billion plus fast approaching 8 billion.
At least the badger works to feed his own offspring, doesnt rape , pillage and murder, doesnt get drunk and kick other badgers to death, molest underage badgers,practice lies and deciept as an occupation.
The badgers are not destroying the habitats of every other living creature on the planet or have they caused the extinction of several thousand creatures already.
I think the badger would have a strong case to suggest a culling of humans would be more appropriate.
ps where did the figure of 500,000 come from a badger census or a farmers pressure group!
Paul Anthony, reading, uk
Badgers are protected by law in this country because they are still being cruelly persecuted by badger baiters and badger diggers. In the despicable 'sport' of badger baiting a number of dogs are fought against a badger that has been dug out of its sett. The badger suffers a slow, painful death and the dogs are usually injured too.
Badger baiting was made illegal in 1835 a long before the EU was formed. After studying badgers all over the world, Charles Long and Carl Killingley concluded, "Other countries do not appear to have such a long standing record of relentless persecution, involving cruelty in various forms, as does Great Britain".
Pam Mynott, Leicester,
I have spent years wondering what a badger is for? They seem remarkably pointless animals. Can anyone enlighten me?
Lux Aeterna, MANCHESTER,
So you think it's right to go around bopping creatures in the wild on the basis of dodgy assertions by the likes of the NFU?
The badgers were there long before Tescos and its tame farming lobby.
Even if badgers are responsible or play a part in spreading m. bovis, it is a long way from being an open and shut case. The incidence of m.bovis in the wild is also high in ferrets, and deer. Are we going to clear massive exclusion zones of all wildlife just so that farmers can continue to raise cattle in cramped and unhygienic conditions and then slaughter them, too?
And once you have cleared the area, what's to stop badgers coming back. Or displaced badgers roaming wider afield and increasing the likeliehood of m. bovis elsewhere.
Instead of spending millions on killing things, spend it on a vaccine and spend it on making farming more humane.
Boycott Welsh tourism until the welsh assembly sees sense and abandons this ill thought out plan.
Steve Rudd, Huddersfield , West Riding of Yorkshire
Badger hair makes great shaving brushes.
Crag, Val d'isere, France
'The greater the number of laws preventing a beast from harm, the more nastily and bloody-mindedly it will behave.' I've always found it ironic that despite the fact that humans kill up to 70 million sharks every year (the population of Britain), whenever there is a shark attack on a human the law allows us to cull the 'nasty, bloody-minded' things.
Swans can be aggressive at times, so it's outrageous that I am not allowed to legally slaughter them!
Andy, London,
In fact, the man in the supermarket was quite aggressive to me this morning, maybe I should kill and eat him. Human numbers have doubled in the last century anyway so it's not like they're endangered!
Andy, London,
Badgers are certainly not untouchable and using them as an excuse for poor farming practise is a sad indictment of our current age.
Adam Morrigan, horsely, glos
Ross Clark doesn't say why badgers are a "pest". Most of us don't see them that way as we never see one at all, in contrast to the squirrels and rabbits they are compared to.
Austin, London,
Road Kill ( Brother Sister )
Bark Tan Fox and Badger, Copper, Stainless Steel, Aluminum, Elm
The relationship we have with the our environment is increasingly confined to weights and measures.
Art and the zeitgeist
Adam Morrigan, horsely, glos
I take the point regarding the Swan. The banks of the River Thames which provide one of the few attratcive walks here in Reading, Berkshire, are apparantly also an area set aside as some sort of Swan sanctuary. The result is that there are loads of them. They are large, messy, potentially agressive birds which are fine when encountered in groups of 2 or 3 but trying to walk through a cluster of 20 of them will test the nerve. Particularly when you know the law is all on their side should any fisticuffs result.
Bob, Reading,