Shooting organisations settle legal challenge with the government over GL43
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A group of shooting organisations – including the NGO, BASC and the Game Farmers’ Association – have settled a claim for a judicial review with Defra over their last-minute changes to GL43 in 2023
A group of shooting organisations – including the NGO, BASC and the Game Farmers’ Association – have settled a claim for a judicial review with Defra over their last-minute changes to GL43 in 2023.
The subsequent discussion with Defra has also enabled the three groups to secure significant benefits for shooting. This includes increased engagement and involvement with Defra on shooting related matters.
In early May 2023, the National Gamekeepers’ Organisation were alerted to proposed changes to GL43; the licence which covers the release of common pheasants or red-legged partridges on European Protected Sites and within 500m of their boundary in England.
We were told that as of 31 May 2023 the release of pheasants or red-legged partridge on or within 500m of special protection areas (SPAs) would no longer be authorised under general licence in England, because of the perceived risk of transmission of highly pathogenic avian influenza (HPAI) from gamebirds to wild birds.
Under the new rules, people wishing to release on or within 500m of a SPA after 30 May 2023 would need to apply for an individual licence from Natural England.
The NGO were astounded by how unprofessionally the situation had been handled by Defra and, following discussions with BASC and the Game Farmers’ Association, we agreed to support a legal challenge against Defra over its withdrawal of GL43.
The British Association for Shooting and Conservation (BASC) had proposed instructing lawyers to seek permission from the High Court to bring about a Judicial Review of Defra’s decision. They requested the help of other shooting organisations to support their fight, and the NGO immediately agreed to support the case both with manpower, and financially.
The NGO and our staff members dedicated vast amounts of time to helping gamekeepers who were affected by the situation, including organising meetings with MPs and shoot managers to try and ensure that a similar situation did not or could not occur again in future.
The claim has now been settled; the parties have not been able to agree if Defra had a legal obligation to consult the sector, however Defra have now agreed to attend regular meetings with the organisations to ensure that the sector is engaged with.
Last week, Defra also published a new and modified GL45 which allows the release of gamebirds on the vast majority of Special Protection Areas.
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