Dear Fellow Wildfowler

This is my understanding of the events surrounding the two Humber clubs’ (Hull and East Riding WA and Holderness and Humber WA) dispute with Natural England.

In the summer of last year it came to my attention that the two clubs, which had decided to employ Simon Breasley from Thyme Consultants for negotiating their wildfowling consents, were having issues with the then, English Nature. Over a period of months I received reports through the grapevine that their negotiations were not progressing well. The reasons for this were that the consents proposed by English Nature were unacceptable in the eyes of the clubs due to the creation of refuges and the consents’ duration. Sadly relationships deteriorated and the option of seeking arbitration, paid for by Natural England, was not proceeded with.

The Clubs with the help of Simon Breasley decided as was their statutory right to lodge a formal appeal to the Secretary of State. Realising that the Clubs and potentially the Sport were heading towards a precipice I spoke to the Clubs, Simon Breasley and BASC through the relevant departments and the Chief Executive.

The Chief Executive was already aware of the problem and had identified it as an important issue. He had established direct links with both DEFRA and what had now become Natural England. He had personally carried out a detailed review of the issues and arranged a site meeting to visit the areas in question. He met in Hull with Ken Arkley and Dudley Hume from the two clubs on 22 November 2006. This was done in full contact with me and others as well as the involvement of Phil Pugh, BASC’s Director for Northern England who also serves as Chair of the Upper Humber Wildfowling Committee, and Tim Russell, BASC’s Director of Conservation and Land Management.

As a result, John Swift offered to Ken and Dudley to use his offices to re-open discussions with Natural England on the condition that he had their full support and that his actions and thus the discussions would go forward under the oversight of the Wildfowling Liaison Committee and BASC Council (of which Simon Breasley is a member). Ken and Dudley welcomed the Chief Executive’s offer and accepted the conditions.

The Chief Executive duly made contact with Helen Phillips, the recently appointed Chief Executive of Natural England, and a meeting took place with her deputy, Andrew Wood, NE’s Acting Executive Director, in Cheltenham on 21 December 2006. Andrew Wood explicitly recognised the importance of the Humber to wildfowling and BASC. He welcomed the opportunity to re-open discussions in preference to engaging in the quasi legal formalities of appeal to the Secretary of State. He stressed the importance NE, as inheritor of EN’s commitments, attached to good relations with wildfowlers and wildfowling. Andrew Wood, who himself was new to this issue, undertook to take the matter up with Natural England’s new Regional Director for Yorkshire and Humber, Peter Nottage, who also had no prior connection, and to consider an independent and knowledgeable person who might join such a high level team to take the matter forward with the two clubs. Fresh new minds were engaged in the process. Two further levels of separate discussion were identified (1) with all Humber wildfowling interests to conclude the wider arrangements on the estuary and (2) bilaterally with BASC to take forward discussions concerning Natural England’s policy towards wildfowling. It was agreed that when Andrew Wood had had the opportunity to discuss these matters with his colleagues he would get in touch with the BASC Chief Executive and, assuming he had made the progress he anticipated, the clubs could then, if they so wished, place their appeal in abeyance and arrangements for a meeting could be put in hand. The Chief Executive duly reported the outcome both to me and to Ken Arkley. Ken Arkley confirmed to the Chief Executive on 4 January 2007 that the next step would be for the Chief Executive to contact Natural England to organise a mutually convenient date and venue.

Notwithstanding BASC’s agreement with Ken and Dudley on 22 November, reaffirmed in Ken’s email of 4 January, Simon Breasley had re-engaged in discussions with his earlier contacts in Natural England on 6 December. This elicited a rather formal response framed by the solicitor acting for Natural England. Moreover, Simon opened his own dialogue with Andrew Wood on 5 January without waiting for Andrew Wood to complete his discussions with colleagues in Natural England. He also contacted DEFRA to place the appeal in abeyance forthwith. It will never be known what effect this had on the two club’s prospects but on 17 January, following email correspondence between the Chief Executive and Ken about who was supposed to be doing what, Ken emailed the Chief Executive to say that the clubs had in fact not handed the process over to BASC and made it clear that Simon Breasley had the freedom to do what he wished and was representing the two clubs.

The Chief Executive kept in touch with Andrew Wood and, as a result, Peter Nottage wrote to Simon Breasley on 22 January 2007 clarifying the way forward. He said that Natural England “really did need to see and understand the written grounds for the two clubs’ appeal… and … Once they had a full understanding of the clubs’ position Natural England would be happy to meet. He stressed that mediation was not to be a formal or legal process – merely a mechanism to facilitate discussion and agreement.

Sadly, little or no progress has been made at the time of writing this letter. Various difficulties and complaints have been advanced by Simon Breasley and the clubs to justify this but none strikes me as insurmountable. The club’s latest circulation and publicity in the Shooting Times calling a fund raising workshop does not indicate, to my mind that “getting around the table” is being taken seriously. Returning to a formal appeal process, with all its uncertainties and cost, seems increasingly likely.

At all times it has been my fervent wish that the clubs do not go to appeal and that the issue is dealt with in an amicable manner to allow both parties room to compromise and exploit every opportunity for flexible and practical solutions within the legal framework that applies.

As I understand it, the possibility of arbitration is still open though time is running out and to date the names put forward by Natural England have not been acceptable to the Consultant and the clubs. I understand however that the clubs have suggested their own mediator but are now seeking to include other issues including complaints against English Nature extending back over the last three years and drawing in wider issues involving other clubs on the Humber.

I have therefore engaged both clubs in debate over this issue since October last year. On four or five occasions I have offered the facility to Ken and Dudley to address the Wildfowling Liaison Committee to gain the support of the other members of the committee and their vast experience. So far this offer has not been taken up however the opportunity to address the Wildfowling Liaison Committee is still open and while I'm the chairman the door will be open for them to come and explain their problems to the committee.

I shall not go into the pros and cons of the specific consents that are under dispute. Suffice to say that the law, policy and practices for consenting wildfowling in Sites of Special Scientific Interest, especially those that are classed as NATURA 2000 areas are under active discussion by BASC with NE and other partners.

It is not my belief that a formally contested appeal under the current. circumstances is the best way to achieve the best result either for the clubs or the wildfowling community as a whole.

My recommendation is very simple: that the clubs engage with the Wildfowling Liaison Committee and its experience, requesting BASC to take up their case, without cost, using the professional expertise and connections at BASC’s disposal. If after that an appeal is thought necessary by the Council of BASC it would have the full support of the Association and its resources.

Lee Freeston
Chairman - Wildfowling Liaison Committee
British Association for Shooting and Conservation
June 2007