Reform MP Robert Jenrick has announced plans to table a parliamentary amendment to the Protection of Badgers Act 1992 following an incident in which a constituent’s dog spent two days trapped in a badger sett.
The Newark MP said the change would allow fire services to excavate badger burrows to free trapped pets without first obtaining a licence from Natural England. He has suggested the measure could be known as “Marcello’s Law,” after the dog involved.
Stephen Smith, who lives in Bleasby in the Newark constituency, took his two dogs for a walk on Monday. Both ran off. One returned, but the Parson Russell terrier named Marcello entered a badger sett and could not get out. Mr Smith could hear the dog barking underground but was unable to reach him.
When he contacted the fire brigade for help, he was told that disturbing a badger sett is a criminal offence under the 1992 Act unless authorised by Natural England. Mr Smith applied for an emergency licence. According to Mr Jenrick, no response was received while the dog remained trapped. Mr Smith then contacted his local MP.
Mr Jenrick’s office approached Natural England and obtained an emergency licence. Nottinghamshire Fire & Rescue Service then carried out the rescue, supervised by police officers. Mr Jenrick described the firefighters as “absolutely brilliant.”
Marcello was freed after 48 hours underground without food, water or daylight and was reported to be in good health.
Natural England stated that a licence had been granted within hours of the request and that a wildlife officer had attended the scene promptly to ensure the dog could be retrieved safely.
On social media, Mr Jenrick wrote: “These laws seem mad to me. 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 proposed amendment would create an exemption for emergency services so firefighters could act to rescue pets without prior authorisation. Mr Jenrick intends to introduce the measure when Parliament reconvenes in the autumn.
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August 22, 2026
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