Natural England shouldn’t be above the law

A High Court ruling has found that conditions imposed by Natural England (NE) on game shoots were ‘irrational’ and ‘misinterpreting the scope of their powers’.

The British Association for Shooting and Conservation (BASC) brought the case, arguing that approach had created significant uncertainty for shoots – even forcing some to close.

Handing down judgment at the Royal Courts of Justice, the Court found NE had acted unlawfully by adopting an interpretation of ‘release’ that exceeded the meaning of the legislation enacted by Parliament. The Court ruled that NE cannot impose conditions preventing the keeping of gamebirds on site prior to release.

In his summary, Mr Justice Ritchie said the conditions imposed by NE were ‘irrational’ due to them ‘misinterpreting the scope of their powers’.

BASC brought the challenge only after repeated attempts to resolve the issue directly. The association engaged with NE’s leadership team and set out its concerns in detail before issuing proceedings. Those concerns were ignored, leaving legal action the only remaining route.

The judgment confirms that public bodies must exercise their powers within the limits set by Parliament.

BASC chief executive Ian Bell said: ‘This judgment is not about shooting vs a regulator. It is about the simple principle that public bodies must act within the law, just as they expect everyone else to.

‘The community that BASC represents are custodians of the countryside. They manage land, deliver conservation and follow the rules. They are entitled to a regulator that does the same. Today the High Court has confirmed that NE did not.

‘We did everything we could to avoid this. We engaged with NE’s leadership and we were ignored. The result is a judicial review that should never have been necessary and public money that should never have been spent.

‘BASC has proven today that we are willing to use every available tool in the fight to protect shooting and the community we represent.

‘BASC has also continually argued that the countryside needs a regulator that works. We hope today’s judgment is the moment NE chooses to change and we are willing to be part of that conversation to protect the future of rural Britain.

‘BASC will consider the full terms of the written judgement before considering its application for costs.’

Sir Geoffrey Clifton-Brown MP, chairman of the All Party Parliamentary Group for Shooting and Conservation, said: ‘We have been working closely with BASC on these gamebird issues. I am delighted that the High Court has come out in favour of BASC’s argument and that common sense has prevailed.’

The High Court ruling reaches beyond gamebird licensing. It asks how environmental regulation can command the confidence of those who live and work with it every day.

To restore nature and rebuild rural trust, government must ensure regulators act within the law, respect Parliament’s limits and work constructively with countryside communities. That is good government.

Labour should use this judgment to reset how rural regulation is designed, communicated and delivered.