For decades the traditional British response to finding a trapped grey squirrel was to bludgeon it to death with a spade. Now a wave of sentimentality has led to a change in the law, granting Sciurus carolinensis a reprieve.

Until last year anyone catching a grey squirrel was required by law to kill it to help to preserve the native red species. The legislation has now been reformed, allowing people to release the animals into the wild – but only if they apply for and are granted a licence to do so.

The change, which permits up to 450 grey squirrels to be released this year, has provoked outrage from some wildlife activists. They fear that it will spell disaster for the native red squirrel, which has suffered a catastrophic decline since the American grey was introduced in the 19th century.

Natural England, the Government’s advisory body on nature, said that the policy change came about in response to public sentiment. “For some people, these species have become a part of our wildlife and give a great deal of pleasure,” a spokeswoman said.

The new policy caused consternation in the House of Lords, where a debate last month called into question the wisdom of treating grey squirrels humanely. England has about two million grey squirrels and the figures given show that 13,337 were exterminated in Northumberland alone since January last year.

Baroness Trumpington, a former Tory Agriculture Minister, asked why licences were issued at all. “If you give licences for six squirrels, presuming that three are male and three are female, in no time at all you will have 60 squirrels. After that, my mind boggles,” she said.

Baroness Butler-Sloss, until recently the most senior female judge in England and Wales, also advocated extermination.

Lord Rooker, Minister for Animal Health, declared that only six squirrels had been released under licence, but anecdotal evidence suggests that more are being freed.

Testimonials for The Trap Man, a website set up by a manufacturer of humane animal traps, suggest that illegal grey squirrel releasing may be rife. One correspondent said that he released four squirrels into nearby woodland. “PH” wrote: “I know it is illegal, but we will not kill animals – hence the trap.”

The manufacturer suggests that the best bait is peanut butter, nutty chocolate spread or dry cat food.

The RSPCA, which has a licence for each of its regional superintendents, now has a policy to release uninjured trapped grey squirrels back into the wild.

Adam Grogan, of the RSPCA wildlife department, gave an example of a squirrel that had become trapped in a bird feeder after it became too fat to get out the way it had come in. The animal, which was released back into the garden where it was found, in Christchurch, Dorset, would previously have been exterminated. Mr Grogan said: “It was always difficult for us. We would have to euthanase it. People didn’t understand why we had to do it.”

Nature England denied that licences to release grey squirrels would cause the country to be overrun. “The number of animals covered by licences is clearly insignificant compared with the size and fecundity of the wild population,” a spokeswoman said.

England’s squirrels will produce 4.5 million offspring this year, but only a quarter survive their first winter. A further 3,000 mature squirrels die each day.

Grey squirrels can also expect no mercy from most gardeners. “SG”, a contributor to The Trap Man website, described his technique for dispatching captured grey squirrels: “Place jute bag round end of cage . . . pull door up and open – squirrel rushes into bag. Grabbed end of bag to assure its closure and trapped vermin. Try to hold it down and bang away with hammer.”

Greys and reds

GREY SQUIRREL
Population 2 million
Size 25cm long, with a 20cm tail
History The first verifiable introduction to the wild in Britain was in 1876, when T. V. Brocklehurst released a breeding pair to Henbury Park near Macclesfield in Cheshire Releasing grey squirrels became fashionable in the early 20th century
Disease Carries the squirrel parapox virus, but is resistant to it
Mating habits Mates once or twice a year, producing between one and seven young

RED SQUIRREL
Population 120,000 (90,000 of which are in Scotland)
Size 22cm long, with a 18cm tail
History Native to Britain for 10,000 years. Remains have been found in the fossil record from a time prior to Britain losing its land bridge with continental Europe
Disease No immunity to squirrel parapox
Mating habits Mates once or twice a year, producing litters of up to six young

Sources: wildlifeonline.me.uk, English Nature, Red Squirrel Protection Partership

Explore Law

• Columnists

• Law Panel

• Law Reports

• Student Law

Times Recommends

• BGC 'set aside £40m to lure Tullett brokers'
• Legal aid review to ensure value
• Fears as 21 magistrates' courts face closure