Protection of Badger Sets (Hansard, 23 January 1990)

§ Mr. Tony Banks (Newham, North-West)

I beg to move, That leave be given to bring in a Bill to make provision for the protection of badger setts; and for connected purposes.

Let us talk about something important like badger setts—[Interruption.] While hon. Members scurry off to their burrows, I shall delay my speech for a moment.

I get quite depressed at the extent that I have to raise issues in the House and draw attention to the number of times that animals are subjected to cruelty and exploitation. During the past few weeks alone I have had cause to raise the issue of the slaughter of whales by the Japanese in the Antarctic and the threat to the existence of African elephants—a threat which has become much more serious as a result of the Government's recent announcement to allow the 600 tonnes of elephant ivory in Hong Kong to come on to the world market. I recently raised the issue of the use by the Japanese, Taiwanese and South Korean fishing ships of enormous drift nets in the oceans which entrap porpoises, whales and diving birds.

It seems that all around us are greedy, selfish and venal humans exploiting, often to the very edge of extinction, creatures which belong to us all. There seem to be no depths of depravity to which man's cruelty towards other life forms is not prepared to go.

Lest any hon. Member believes that I should better direct the energy of my concern for animals towards humans, I remind him that, in my opinion, the two are entirely compatible. Human and animal rights are merely points on the same continuum. Those who are capable of being cruel to animals are equally capable of being cruel to humans. Respect for life should embrace all life, both human and animal, because the two are inextricably linked.

My concern today is for badger setts. One of the presents that I bought my wife for Christmas was the BBC's tapes of Alan Bennett reading extracts from Kenneth Grahame's wonderful book, "The Wind in the Willows". That tremendously good story was enchantingly told by Alan Bennett. I am sure that all of us who listened to it found it that much more interesting and enchanting because, in the recess, it occupied the slot normally taken up by "Yesterday In Parliament."

Who would not exchange points of order, Prime Minister's Question Time and reporting late-night statutory instruments for hearing about the adventures of Mole, Ratty and Badger. The hon. Member for Crawley (Mr. Soames) is now deep in conversation. It will penetrate to him in a moment that I am speaking about him, because anyone who sees the hon. Member for Crawley here on a Friday in his weekend clothes cannot but think instantly of Mr. Toad. The hon. Member for Crawley will have to read Hansard tomorrow to learn of the point that I was making, because I am unable to penetrate the depth of his subconscious.

To judge from the enormous popularity of "The Wind in the Willows"—and I am glad that Mr. Toad is now with us again—anyone could be forgiven for thinking that the entire country loves badgers. The vast majority of people do, but there are sick and perverted members of the population who apparently take pleasure in torturing, 748 maiming and killing badgers for what they call sport. My Bill seeks to extend the protection given under the Badgers Act 1973 to setts.

Unlike many other animals, the badger is not an endangered species. It is estimated that the current badger population is 250,000 at most. It is not a matter of conservation but of protecting the badger against cruelty. There is a great deal of exploitation and baiting of badgers in Yorkshire, and concern is being expressed that that practice is extending to the south. I assure any right hon. or hon. Member who imagines that the people of Newham know little about badger setts that within easy walking distance of my own constituency, one can inspect many excellent setts in Epping forest, in the constituency of the right hon. Member for Chingford (Mr. Tebbit).

It is difficult to comprehend how a person can take pleasure from digging out badgers and killing them with a spade or from baiting them with dogs. To me, such people are sick beyond rational appeal, and it is essential that the House ensures that they are treated accordingly.

If I obtain leave to introduce my Bill, I shall seek to give absolute protection to badger setts. Anyone found digging a sett or in the vicinity of one, or having the clear intention or the wherewithal to do so, would on conviction be fined up to £2,000 and would have confiscated all equipment, animals and vehicles in his possession at the time of the offence.

The Bill would also forbid foxhunters from stopping up badger setts. I know that that would gain the interest of the hon. Member for Crawley. Although the badger is currently protected, anyone found digging a sett can deploy the defence that they were merely digging for a fox or were trying to retrieve a lost dog. Since 1985, the onus of proof has shifted from the prosecution to the defence, and cases can be lengthy, complicated and expensive. My Bill seeks to simplify the law and to make it more consistent, by giving badgers and setts the same protection. We are concerned about not only diggers and baiters but developers, who flatten the badgers' homes and bury them alive.

Of the estimated 250,000 badger population, some 9,000 to 10,000 are killed every year because of the venal activities of diggers and baiters. May setts are hundreds of years old, and they desperately merit and deserve our protection. It is monstrous that people should be allowed to dig up setts, disturb or destroy them.

To many of us, the badger symbolises the countryside, and we have, rightly, protected that wonderful and mysterious creature. We must extend that protection to the badger's home, and that is why I seek to introduce my Bill, which I commend to the House.