Reform MP Robert Jenrick is pushing to change what he has described as “crazy” badger protection legislation after a constituent’s Parson Russell terrier spent two days trapped underground in a badger sett with no food, water or light.
The Newark MP announced plans to table a parliamentary amendment to the Protection of Badgers Act 1992 this autumn, which would permit fire services to excavate badger burrows to free trapped pets without first obtaining a licence.
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Mr Jenrick has suggested the proposed change could be nicknamed “Marcello’s Law,” after the dog at the centre of the ordeal.
“These laws seem mad to me,” he wrote on social media.
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“I’m going to try to lay an amendment to the Badger Act in Parliament in the Autumn to make clear that the Fire Brigade can save dogs and pets if they ever get trapped underground.”
The incident unfolded earlier this week when Stephen Smith, who lives in Bleasby within Mr Jenrick’s Newark constituency, took his two dogs out for a walk on Monday.
Both animals bolted, but while one returned, Marcello had ventured into a badger sett and could not find his way back out.
Mr Smith was able to hear the terrier barking from beneath the ground but had no way of reaching him.
When the desperate owner sought assistance from the fire brigade, he was informed that disturbing a badger sett is a criminal offence under the 1992 Act unless authorised by Natural England, the government’s environmental body.
Mr Smith applied for the required emergency licence but, according to Mr Jenrick, received no response while his dog remained stuck underground.
With his pet still trapped, Mr Smith turned to his local MP for help.
Mr Jenrick’s office contacted Natural England directly and succeeded in securing an emergency licence for the rescue operation.
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Nottinghamshire Fire & Rescue Service then carried out the extraction, with police officers supervising the dig. “They were absolutely brilliant,” Mr Jenrick said of the firefighters.
Marcello was finally pulled free after enduring 48 hours underground without food or daylight but emerged in good health.
However, officials at Natural England pushed back against suggestions that the agency had dragged its feet, insisting that a licence had been granted within hours of the request being received.
They also stated that a wildlife officer had attended the scene without delay to ensure the dog could be retrieved safely.
Badger protection laws have grown increasingly controversial, with critics arguing they obstruct vital infrastructure projects across the country. Reports this month revealed that the legislation has contributed to delays in prison construction, preventing the delivery of an estimated 10,000 new places.
Housebuilding has similarly been hampered by the presence of badgers on development sites.
Even when licences are obtained, badgers may typically only be removed from their setts between July and November to avoid disrupting the breeding season.
Mr Jenrick’s proposed amendment would specifically carve out an exemption for emergency services, ensuring firefighters could intervene to rescue pets caught in burrows without needing prior authorisation.
The MP intends to bring the measure before Parliament when it reconvenes in the autumn.
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