A BIZARRE custody battle has broken out between a foreign government, a flamboyant MP and a convicted bird smuggler over the future of three birds dubbed the Brazil Three.

The three Lear's macaws - among the world's rarest birds - are being held in a secret facility somewhere in Yorkshire.

They were among birds seized during Customs and Excise raids on parrot conservationist Harry Sissen's farm near Northallerton, North Yorkshire, in May 1998.

He was later found guilty of smuggling them into the country and was jailed for two-and-a-half years, reduced to 18 months on appeal.

Mr Sissen, who has since been released, still claims he was innocent and is appealing against a £150,000 confiscation order and the seizure of his birds. But he faces competition from the Brazilian government, which wants to breed from the macaws, thought to be among the last 250 in the world.

Now the colourful Tory MP for Henley, Boris Johnson, has taken up the birds' cause following concerns about the length of time they have spent in Britain.

Mr Johnson said yesterday: "I've put down a Parliamentary Question to discuss what's going on with these birds, which have been kept in captivity here, and I hope people will back the campaign.

"Like General Pinochet, these gorgeously-plumed birds should be repatriated to where they come from."

The Brazilian embassy has even sent an official note to the Foreign Office raising their concerns.

Back in North Yorkshire however, Mr Sissen wants the birds freed and returned to him to be looked after.

"It would be a tragedy if they go back to Brazil. They are now totally acclimatised to Europe and would die over there," he claimed.

A Customs spokesman said the Government wanted to return the birds but their legal ownership still had to be established.

"We hope it will be resolved but it has all been held up by other legal complications."