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Hunting Act 2004

From Wikipedia, in a visual modern way
Hunting Act 2004[1]
Parliament of the United Kingdom
Long titleAn Act to make provision about hunting wild mammals with dogs; to prohibit hare coursing; and for connected purposes.
Citation2004 c 37
Territorial extent England and Wales[2]
Dates
Royal assent18 November 2004
Commencement18 February 2005[3]
Text of statute as originally enacted
Revised text of statute as amended
"Hunting ban" redirects here. For trophy hunting bans, see Trophy hunting § Regulations, ban and effects. For hunting contravening bans, see illegal hunting.

The Hunting Act 2004 (c 37) is an Act of the Parliament of the United Kingdom which bans the hunting of most wild mammals (notably foxes, deer, hares and mink) with dogs in England and Wales, subject to some strictly limited exemptions; the Act does not cover the use of dogs in the process of flushing out an unidentified wild mammal,[4] nor does it affect drag hunting, where hounds are trained to follow an artificial scent.[5]

The Act came into force on 18 February 2005. The pursuit of foxes with hounds, other than to flush out to be shot, had been banned in Scotland two years earlier by the Protection of Wild Mammals (Scotland) Act 2002. Such hunting remains permitted by the law in Northern Ireland, where the Act does not apply.

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Act of Parliament

Act of Parliament

Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction. In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.

Parliament of the United Kingdom

Parliament of the United Kingdom

The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign (King-in-Parliament), the House of Lords, and the House of Commons. In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is de facto vested in the House of Commons.

Hunting

Hunting

Hunting is the human practice of seeking, pursuing, capturing, or killing wildlife or feral animals. The most common reasons for humans to hunt are to exploit the animal's body for food and useful animal products, for recreation/taxidermy, although it may also be done for non-exploitative reasons such as removing predators dangerous to humans or domestic animals, to eliminate pests and nuisance animals that damage crops/livestock/poultry or spread diseases, for trade/tourism, or for ecological conservation against overpopulation and invasive species.

Red fox

Red fox

The red fox is the largest of the true foxes and one of the most widely distributed members of the order Carnivora, being present across the entire Northern Hemisphere including most of North America, Europe and Asia, plus parts of North Africa. It is listed as least concern by the IUCN. Its range has increased alongside human expansion, having been introduced to Australia, where it is considered harmful to native mammals and bird populations. Due to its presence in Australia, it is included on the list of the "world's 100 worst invasive species".

Deer

Deer

Deer or true deer are hoofed ruminant mammals forming the family Cervidae. The two main groups of deer are the Cervinae, including muntjac, elk (wapiti), red deer, and fallow deer; and the Capreolinae, including reindeer (caribou), white-tailed deer, roe deer, and moose. Male deer of all species, as well as female reindeer, grow and shed new antlers each year. In this, they differ from permanently horned antelope, which are part of a different family (Bovidae) within the same order of even-toed ungulates (Artiodactyla).

European hare

European hare

The European hare, also known as the brown hare, is a species of hare native to Europe and parts of Asia. It is among the largest hare species and is adapted to temperate, open country. Hares are herbivorous and feed mainly on grasses and herbs, supplementing these with twigs, buds, bark and field crops, particularly in winter. Their natural predators include large birds of prey, canids and felids. They rely on high-speed endurance running to escape predation, having long, powerful limbs and large nostrils.

American mink

American mink

The American mink is a semiaquatic species of mustelid native to North America, though human intervention has expanded its range to many parts of Europe, Asia and South America. Because of range expansion, the American mink is classed as a least-concern species by the IUCN. The American mink was formerly thought to be the only extant member of the genus Neovison following the extinction of the sea mink, but recent studies, followed by taxonomic authorities, have reclassified it and the sea mink within the genus Neogale, which also contains a few New World weasel species. The American mink is a carnivore that feeds on rodents, fish, crustaceans, frogs, and birds. In its introduced range in Europe it has been classified as an invasive species linked to declines in European mink, Pyrenean desman, and water vole populations. It is the animal most frequently farmed for its fur, exceeding the silver fox, sable, marten, and skunk in economic importance.

England and Wales

England and Wales

England and Wales is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law.

Drag hunting

Drag hunting

Drag hunting or draghunting is a form of equestrian sport, where mounted riders hunt the trail of an artificially laid scent with hounds.

Scotland

Scotland

Scotland is a country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a 96-mile (154-kilometre) border with England to the southeast and is otherwise surrounded by the Atlantic Ocean to the north and west, the North Sea to the northeast and east, and the Irish Sea to the south. It also contains more than 790 islands, principally in the archipelagos of the Hebrides and the Northern Isles. Most of the population, including the capital Edinburgh, is concentrated in the Central Belt—the plain between the Scottish Highlands and the Southern Uplands—in the Scottish Lowlands.

Protection of Wild Mammals (Scotland) Act 2002

Protection of Wild Mammals (Scotland) Act 2002

The Protection of Wild Mammals (Scotland) Act is an Act of the Scottish Parliament passed in February 2002, making Scotland the first part of the United Kingdom to ban traditional fox hunting and hare coursing.

Northern Ireland

Northern Ireland

Northern Ireland is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Northern Ireland shares an open border to the south and west with the Republic of Ireland. In 2021, its population was 1,903,100, making up about 27% of Ireland's population and about 3% of the UK's population. The Northern Ireland Assembly, established by the Northern Ireland Act 1998, holds responsibility for a range of devolved policy matters, while other areas are reserved for the UK Government. The government of Northern Ireland cooperates with the government of the Republic of Ireland in several areas agreed under the terms of the Belfast Agreement. The Republic of Ireland also has a consultative role on non-devolved governmental matters through the British-Irish Governmental Conference (BIIG).

History

Background

See also: Legislation on hunting with dogs

Several UK laws on animal welfare, such as the Protection of Animals Act 1911, the Protection of Badgers Act 1992 and the Wild Mammals (Protection) Act 1996 contained specific exemptions for hunting activities, thereby preventing prosecutions of other hunts activities that might otherwise have been considered cruel.[6][7][8][9]

Many earlier attempts had been made to ban hunting. Two private member's bills to ban, or restrict, hunting were introduced in 1949, but one was withdrawn and the other defeated on its second reading in the House of Commons.[10] The Labour government appointed a Select Committee on Cruelty to Wild Animals, chaired by John Scott-Henderson KC, to investigate all forms of hunting, and it published a report in 1951.[11] Opponents of hunting claimed that the membership of the committee had been chosen to produce a pro-hunting report.[10] The inquiry reported its view that "Fox hunting makes a very important contribution to the control of foxes and involves less cruelty than most other methods of controlling them. It should therefore be allowed to continue."[12] The select committee was unanimous in recommending no action on hunting, but it made proposals on the use of spring traps.[13]

Twice, in 1969 and in 1975, the House of Commons voted in favour of bills to ban hare coursing, but neither bill became law. Three further private member's bills were introduced by Kevin McNamara in 1992 (Wild Mammals (Protection) Bill), by Tony Banks in 1993 (Fox Hunting (Abolition) Bill), and by John McFall in 1995 (Wild Mammals (Protection) Bill)—all of which failed to go on to become law.[14]

The Protection of Wild Mammals (Scotland) Act 2002 made it unlawful to chase or deliberately kill mammals with dogs in 2002. There are a number of differences between the two Acts: The Scottish Act does not place a two dog limit on the flushing of a mammal to guns in order to shoot it; with respect to flushing foxes above ground to guns to shoot them, only the Scottish Act permits this to be done to protect game birds; with respect to flushing foxes below ground to guns to shoot them, only the Scottish Act permits this to be done to protect livestock. The Scottish Act allows someone convicted to be sentenced for up to six months in prison, there is no such power in the Hunting Act 2004.[15]

At the time of this bill fox hunting with hounds was "not practised or is largely banned" in Belgium, Denmark, Finland, Germany, Norway, Spain and Sweden,[16] but was allowed in Australia, Canada, France, India, Ireland, Italy, Russia and the USA.[17]

Drafting

The Labour Party came to power in 1997 with a manifesto saying, "We will ensure greater protection for wildlife. We have advocated new measures to promote animal welfare, including a free vote in Parliament on whether hunting with hounds should be banned."[18] A new private member's bill, introduced by Michael Foster MP, received a second reading with 411 MPs voting in support, but failed due to lack of parliamentary time.[19] The Burns Report in 2000 concluded that forms of fox hunting "seriously compromise the welfare of the fox",[16] but (in line with its remit) did not draw any conclusion on whether hunting should be banned or should continue. In a later debate in the House of Lords, the inquiry chairman, Lord Burns also stated that "Naturally, people ask whether we were implying that hunting is cruel... The short answer to that question is no. There was not sufficient verifiable evidence or data safely to reach views about cruelty. It is a complex area."[20] Following the Burns inquiry, the Government introduced an 'options bill' which allowed each House of Parliament to choose between a ban, licensed hunting, and self-regulation. The House of Commons voted for a banning bill and the House of Lords for self-regulation. The 2001 general election was then called and the bill ran out of parliamentary time.[21]

In what he described as an attempt to raise animal welfare standards at the same time, and as an alternative to legislation that specifically targeted hunting, Lord Donoughue proposed the Wild Mammals (Protection) (Amendment) Bill.[1] This would have made it the case that "any person who intentionally inflicts, or causes or procures, unnecessary suffering on or to any wild mammal shall be guilty of an offence." A matching Bill was introduced in the Commons with the support of The Middle Way Group (see below). Both bills failed to become law as they were blocked by Labour members who wanted a specific hunting ban. Animal welfare groups such as the League Against Cruel Sports criticised the Bill on two grounds. Firstly, they opposed the exemption in the Bill for activities undertaken "in accordance with an approved code of conduct". Secondly, they argued that, if an activity was inherently cruel, it should be deemed as such by Parliament, rather than prosecutors having to argue and prove cruelty in every court case.

Following a series of evidence hearings in 2002,[22] on 3 December 2002, DEFRA Minister of State for Rural Affairs Alun Michael introduced a bill which would have allowed some licensed hunting.[23] In July 2003, by a majority of 208 in a free vote, the Commons passed an amendment proposed by Tony Banks to ban hunting entirely, but in October 2003 this was rejected by the House of Lords by a majority of 212.[24]

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Legislation on hunting with dogs

Legislation on hunting with dogs

Legislation on hunting with dogs is in place in many countries around the world. Legislation may regulate, or in some cases prohibit the use of dogs to hunt or flush wild animal species.

Private member's bill

Private member's bill

A private member's bill is a bill introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in which a "private member" is any member of parliament (MP) who is not a member of the cabinet (executive). Other labels may be used for the concept in other parliamentary systems; for example, the label member's bill is used in the Scottish Parliament and the New Zealand Parliament, the term private senator's bill is used in the Australian Senate, and the term public bill is used in the Senate of Canada. In legislatures where the executive does not have the right of initiative, such as the United States Congress, the concept does not arise since bills are always introduced by legislators.

King's Counsel

King's Counsel

In the United Kingdom and in some Commonwealth countries, a King's Counsel during the reign of a king, or Queen's Counsel during the reign of a queen, is a lawyer who is typically a senior trial lawyer. Technically appointed by the monarch of the country to be one of 'His [Her] Majesty's Counsel learned in the law', the position originated in England and Wales. Some Commonwealth countries have either abolished the position, or renamed it so as to remove monarchical connotations, for example, 'Senior counsel' or 'Senior Advocate'.

Fox hunting

Fox hunting

Fox hunting is an activity involving the tracking, chase and, if caught, the killing of a fox, traditionally a red fox, by trained foxhounds or other scent hounds. A group of unarmed followers, led by a "master of foxhounds", follow the hounds on foot or on horseback.

Hare coursing

Hare coursing

Hare coursing is the pursuit of hares with greyhounds and other sighthounds, which chase the hare by sight, not by scent.

Kevin McNamara (politician)

Kevin McNamara (politician)

Joseph Kevin McNamara was a British Labour politician who served as a Member of Parliament (MP) for almost 40 years.

John McFall, Baron McFall of Alcluith

John McFall, Baron McFall of Alcluith

John Francis McFall, Baron McFall of Alcluith, is a British politician, now the Lord Speaker having previously been Senior Deputy Speaker of the House of Lords from 1 September 2016 to 30 April 2021. He was previously a Labour and Co-operative Member of Parliament from 1987 to 2010, first for Dumbarton and then from 2005 for West Dunbartonshire. He also served as Chairman of the House of Commons Treasury Committee.

Labour Party (UK)

Labour Party (UK)

The Labour Party is a political party in the United Kingdom that has been described as an alliance of social democrats, democratic socialists and trade unionists. The Labour Party sits on the centre-left of the political spectrum. In all general elections since 1922, Labour has been either the governing party or the Official Opposition. There have been six Labour prime ministers and thirteen Labour ministries. Since the 2010 general election, it has been the second-largest UK political party by the number of votes cast, behind the Conservative Party and ahead of the Liberal Democrats. The party holds the annual Labour Party Conference, at which party policy is formulated.

1997 United Kingdom general election

1997 United Kingdom general election

The 1997 United Kingdom general election was held on Thursday, 1 May 1997. The governing Conservative Party led by Prime Minister John Major was defeated in a landslide by the Labour Party led by Tony Blair, achieving a 179-seat majority.

Animal welfare

Animal welfare

Animal welfare is the well-being of non-human animals. Formal standards of animal welfare vary between contexts, but are debated mostly by animal welfare groups, legislators, and academics. Animal welfare science uses measures such as longevity, disease, immunosuppression, behavior, physiology, and reproduction, although there is debate about which of these best indicate animal welfare.

Conscience vote

Conscience vote

A conscience vote or free vote is a type of vote in a legislative body where legislators are allowed to vote according to their own personal conscience rather than according to an official line set down by their political party. In a parliamentary system, especially within the Westminster system, it can also be used to indicate crossbench members of a hung parliament where confidence and supply is provided to allow formation of a minority government but the right to vote on conscience is retained. Free votes are found in Canadian and some British legislative bodies; conscience votes are used in Australian and New Zealand legislative bodies.

Burns Inquiry

Burns Inquiry

The Burns Inquiry was a Government committee set up to examine the facts in the debate in the United Kingdom about hunting with hounds.

Voting, conflict with the Lords and royal assent

A bill identical to the one passed by the House of Commons in 2003 was reintroduced to the Commons on 9 September 2004.

On 15 September 2004, the day of the final vote (third reading) on the bill, two protesters staged the first invasion of the House of Commons chamber since King Charles I in 1641. The protesters were quickly removed by Parliamentary officials, but the incident led to a review of parliamentary security, given that it was the second breach of the security of the chamber in four months (Fathers 4 Justice activists had thrown purple flour in the Commons four months earlier). Simultaneously, a demonstration of between 8,000 and 10,000 people, including protesters from the Countryside Alliance filled Parliament Square outside.[25] Later, John Holliday wrote for the Guardian an essay on his actions.[26]

On 17 November, on one of the days of the Parliamentary session, the Lords again insisted on its amendments to the main Bill. In the Commons, the Government's last-ditch attempt to compromise on a delay until 31 July 2007 won the support of only 46 MPs, although the delay until 2006 was inserted in the Bill. The Lords, who would have had to have accepted the Commons' other amendments (including the principle of a ban on hunting) and dues, rejected the proposal by 153 to 114.

With the Lords and Commons unable to come to agreement by the end of the Parliamentary year the Speaker of the House of Commons, Michael Martin, invoked the Parliament Acts 1911 and 1949, an infrequently used legislative device that allows the Commons to overrule the Lords where agreement can not be reached.[27] The Hunting Act was only the seventh statute since 1911 enacted using these provisions.[28] The House of Lords was criticised for undemocratically blocking the legislation;[29] however, other newspapers and broadcasters condemned Tony Blair's Labour administration for giving in to what they perceived as the prejudicial views of anti-hunting Labour backbenchers.[30]

The act came into force on 18 February 2005, three calendar months after it received royal assent.[31][32]

Discover more about Voting, conflict with the Lords and royal assent related topics

Charles I of England

Charles I of England

Charles I was King of England, Scotland, and Ireland from 27 March 1625 until his execution in 1649. He was born into the House of Stuart as the second son of King James VI of Scotland, but after his father inherited the English throne in 1603, he moved to England, where he spent much of the rest of his life. He became heir apparent to the kingdoms of England, Scotland, and Ireland in 1612 upon the death of his elder brother, Henry Frederick, Prince of Wales. An unsuccessful and unpopular attempt to marry him to the Spanish Habsburg princess Maria Anna culminated in an eight-month visit to Spain in 1623 that demonstrated the futility of the marriage negotiation. Two years later, he married the Bourbon princess Henrietta Maria of France.

Fathers 4 Justice

Fathers 4 Justice

Fathers 4 Justice is a fathers’ rights organisation in the United Kingdom. Founded in 2001, the group aims to gain public and parliamentary support for changes in UK legislation on fathers' rights, mainly using stunts and protests, often conducted in costume.

Countryside Alliance

Countryside Alliance

The Countryside Alliance (CA) is a British organisation promoting issues relating to the countryside such as farming, rural services, small businesses and field sports, aiming to "Give Rural Britain a voice".

Speaker of the House of Commons (United Kingdom)

Speaker of the House of Commons (United Kingdom)

The speaker of the House of Commons is the presiding officer of the House of Commons, the lower house and primary chamber of the Parliament of the United Kingdom. The current speaker, Sir Lindsay Hoyle, was elected Speaker on 4 November 2019, following the retirement of John Bercow. Hoyle began his first full parliamentary term in the role on 17 December 2019, having been unanimously re-elected after the 2019 general election.

Michael Martin, Baron Martin of Springburn

Michael Martin, Baron Martin of Springburn

Michael John Martin, Baron Martin of Springburn, was a British politician who served as Speaker of the House of Commons between 2000 and 2009. A member of the Labour Party, he was the Member of Parliament (MP) for Glasgow Springburn from 1979 to 2005 and for Glasgow North East until 2009. He was elected as Speaker of the House of Commons in 2000, remaining in the office for nine years until his involuntary resignation in 2009.

Parliament Acts 1911 and 1949

Parliament Acts 1911 and 1949

The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2(2) of the Parliament Act 1949 provides that the two Acts are to be construed as one.

Tony Blair

Tony Blair

Sir Anthony Charles Lynton Blair is a British former politician who served as Prime Minister of the United Kingdom from 1997 to 2007 and Leader of the Labour Party from 1994 to 2007. He served as Leader of the Opposition from 1994 to 1997, and had various shadow cabinet posts from 1987 to 1994. Blair was the Member of Parliament (MP) for Sedgefield from 1983 to 2007. He is the second longest serving prime minister in modern history after Margaret Thatcher, and is the longest serving Labour politician to have held the office.

Exempt hunting

The Act exempts some limited forms of hunting believed to be necessary.[33] Hunting with dogs is exempt from the Act if it falls within a class listed in Schedule 1, which may be amended by an Order made by the Secretary of State for the Environment.[34]

Schedule 1 of the Act specifies nine forms of hunting with dogs which are exempt, subject to conditions in each case:[35]

  1. Stalking and flushing out
  2. Use of dogs below ground to protect birds for shooting
  3. Rats
  4. Rabbits
  5. Retrieval of hares
  6. Falconry
  7. Recapture of wild mammal
  8. Rescue of wild mammal
  9. Research and observation

The Countryside Alliance has noted that "The Act makes it an offence to hunt a mouse with a dog but not a rat, you can legally hunt a rabbit but not a hare. You can flush a fox to guns with two dogs legally but if you use three it's an offence. You can flush a fox to a bird of prey with as many dogs as you like."[36]

Stalking and flushing out

Traditionally, in some upland areas, foxes were flushed by packs of dogs to be shot.[37]

Stalking and flushing out are exempt under the Act, subject to five conditions:[35]

Firstly, the stalking or flushing out is for the purpose of preventing or reducing serious damage which the wild mammal would otherwise cause to livestock, to game birds or wild birds, to food for livestock, to crops, to growing timber, to fisheries, to other property, or to biological diversity; or for obtaining meat for human or animal consumption; or for participation in a field trial competition in which dogs flush animals out of cover and/or retrieve animals that have been shot.[35]

Secondly, the stalking or flushing out must take place on land which belongs to the person doing the stalking or flushing out or which he has been given permission to use for the purpose.[35]

Thirdly, only one or two dogs may be used.[35]

Fourthly, the use of a dog below ground is limited as in the next section.[35]

Fifthly, reasonable steps must be taken to ensure that as soon as possible after being found or flushed out, the wild mammal is shot dead by a competent person, and that each dog used is kept under sufficiently close control to ensure that it does not obstruct the prevention or reduction of serious damage.[35]

Flushing to guns is still permitted in Scotland under the Protection of Wild Mammals (Scotland) Act 2002.[15] However MPs, in making law for England and Wales, decided that this activity did result in unnecessary suffering, not least because it is more difficult to control a large number of hounds in dense woodland where this activity used to take place.[38]

This exemption was claimed by one stag hound pack in the Exmoor area. In an appeal judgment following the conviction of two stag hunt officials, the judge said that such hunting conducted primarily for recreation was unlawful.[39]

Use of dogs below ground to protect birds for shooting

Hunting below ground often took place with terriers, and the Act outlaws hunting with terriers, apart from a narrowly drawn exemption, described by the Minister, Alun Michael MP, as existing "for gamekeepers".[40]

The use of one such dog is exempt, but only in the course of stalking or flushing out, and in accordance with four conditions.[35]

The activity must be carried out "for the purpose of preventing or reducing serious damage to gamebirds or wild birds which a person is keeping or preserving for the purpose of their being shot."[35]

The stalker or person doing the flushing out must have written evidence that the land concerned belongs to him, or that he has been given permission to use it for the purpose, and must make the evidence immediately available for inspection by a constable who asks to see it.[35]

Only one dog can be used below ground at any time.[35]

Reasonable steps must be taken to ensure that

  • as soon as possible after being found the wild mammal is flushed out from below ground and is shot dead by a competent person
  • the dog is under close control
  • injury to the dog is prevented; and
  • the use of the dog complies with any code of practice issued or approved by the Secretary of State.[35]

Despite this, many fox hunts continue to use terriers regularly. Three people, not associated with hunts, have pleaded guilty to offences under the Hunting Act 2004 for hunting with terriers and a fourth was found guilty after a trial.[41]

Hunting rats and rabbits

In enacting the Hunting Act, parliament accepted the view that the hunting of rats and rabbits is legitimate, as they are pests.[33] Parliament did not believe there was any necessity to use dogs to hunt mice, so provided no such exemption.[42]

The hunting of rats and rabbits is exempt only if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose by the occupier or (if unoccupied) by an owner.[35]

Retrieval of hares

The hunting of a hare which has been shot is exempt if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose.[35]

In a private prosecution under the Act brought by the International Fund for Animal Welfare (IFAW) who had observed two hare coursing events in villages near Malton, North Yorkshire in March 2007 organised by the Yorkshire Greyhound Field Trialling Club, the District Judge in Scarborough magistrates court clarified that the club was mistaken in believing that because the dogs they had been using were muzzled, the practice was lawful.[43]

Falconry

In making falconry an exempt form of hunting, the Act lays down two conditions.[35]

"Flushing a wild mammal from cover is exempt hunting if undertaken for the purpose of enabling a bird of prey to hunt the wild mammal."[35]

Such activity must be done on land which belongs to the hunter or which he has been given permission to use for the purpose.[35]

Many traditional hunts have bought birds of prey and say that they are using hounds to flush foxes to the bird of prey. Many experts, such as the Hawk Board, deny that any bird of prey can reasonably be used in the British countryside to kill a fox which has been flushed by (and is being chased by) a pack of hounds. If this view proves to be correct, then it is unlikely that such a use of dogs is lawful.[44]

Expert opinion on the limitations of flushing foxes to birds of prey will be available to advise courts considering such cases, when they are litigated. For now, the question of what is lawful remains to be determined.[35]

Recapture of wild mammal

This exemption is for the hunting of a wild mammal which has escaped or been released from captivity, subject to these conditions:[35]

The activity must take place on land which belongs to the hunter, or on land which he has been given permission to use for the purpose, or with the authority of a constable.[35]

Reasonable steps must be taken to ensure that as soon as possible after being found the wild mammal is recaptured or shot dead by a competent person, and that each dog used in the hunt is kept under close control.[35]

The wild mammal must not have been released or allowed to escape for the purpose of being hunted.[35]

Rescue of wild mammal

The hunting of an injured wild mammal is exempt, subject to these conditions:[35]

The hunter must reasonably believe that the wild mammal is or may be injured.[35]

The hunting must be for the purpose of relieving the wild mammal’s suffering.[35]

No more than two dogs may be used.[35]

There must be no use of a dog below ground.[35]

The activity must take place on land which belongs to the hunter or which he has been given permission to use for the purpose or with the authority of a constable.[35]

Reasonable steps must be taken to ensure that as soon as possible after the wild mammal is found appropriate action (if any) is taken to relieve its suffering, and that each dog used in the hunt is kept under close control.[35]

The wild mammal must not have been harmed to enable it to be hunted under this exemption.[35]

Research and observation

The last form of exempt hunting which is provided for in the Act is subject to these conditions:[35]

The hunting must be undertaken "for the purpose of or in connection with the observation or study of the wild mammal.”[35]

No more than two dogs may be used, and no dog below ground.[35]

The activity must take place on land which belongs to the hunter, or which he has been given permission to use for the purpose.[35]

Each dog used must be kept under close control to ensure that it does not injure the wild mammal.[35]

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Department for Environment, Food and Rural Affairs

Department for Environment, Food and Rural Affairs

The Department for Environment, Food and Rural Affairs (DEFRA) is a department of His Majesty's Government responsible for environmental protection, food production and standards, agriculture, fisheries and rural communities in the United Kingdom. Concordats set out agreed frameworks for co operation, between it and the Scottish Government, Welsh Government and Northern Ireland Executive, which have devolved responsibilities for these matters in their respective nations.

Countryside Alliance

Countryside Alliance

The Countryside Alliance (CA) is a British organisation promoting issues relating to the countryside such as farming, rural services, small businesses and field sports, aiming to "Give Rural Britain a voice".

Bird of prey

Bird of prey

Birds of prey or predatory birds, colloquially known as raptors, are hypercarnivorous bird species that actively hunt and feed on other vertebrates. In addition to speed and strength, these predators have keen eyesight for detecting prey from a distance or during flight, strong feet with sharp talons for grasping or killing prey, and powerful, curved beaks for tearing off flesh. Although predatory birds primarily hunt live prey, many species also scavenge and eat carrion.

Field trial

Field trial

A field trial is a competitive event for gundogs. Field trials are conducted for pointing dogs and setters, retrievers and spaniels, with each assessing the different types various working traits. In the United States, field trials are also conducted for Basset Hounds, Beagles and Dachshunds.

Deer hunting

Deer hunting

Deer hunting is hunting for deer for meat and sport, an activity which dates back tens of thousands of years. Venison, the name for deer meat, is a nutritious and natural food source of animal protein that can be obtained through deer hunting. There are many different types of deer around the world that are hunted for their meat. For sport, often hunters try to kill deer with the largest and most antlers to score them using inches. There are two different categories of antlers. They are typical and nontypical. They measure tine length, beam length, and beam mass by each tine. They will add all these measurements up to get a score. This score is the score without deductions. Deductions occur when the opposite tine is not the same length as it is opposite. That score is the deducted score.

Exmoor

Exmoor

Exmoor is loosely defined as an area of hilly open moorland in west Somerset and north Devon in South West England. It is named after the River Exe, the source of which is situated in the centre of the area, two miles north-west of Simonsbath. Exmoor is more precisely defined as the area of the former ancient royal hunting forest, also called Exmoor, which was officially surveyed 1815–1818 as 18,810 acres (7,610 ha) in extent. The moor has given its name to a National Park, which includes the Brendon Hills, the East Lyn Valley, the Vale of Porlock and 55 km (34 mi) of the Bristol Channel coast. The total area of the Exmoor National Park is 692.8 km2 (267.5 sq mi), of which 71% is in Somerset and 29% in Devon.

Fox hunting

Fox hunting

Fox hunting is an activity involving the tracking, chase and, if caught, the killing of a fox, traditionally a red fox, by trained foxhounds or other scent hounds. A group of unarmed followers, led by a "master of foxhounds", follow the hounds on foot or on horseback.

International Fund for Animal Welfare

International Fund for Animal Welfare

The International Fund for Animal Welfare (IFAW) is one of the largest animal welfare and conservation charities in the world. The organization works to rescue individual animals, safeguard populations, preserve habitat, and advocate for greater protections. Brian Davies founded IFAW. IFAW was instrumental in ending the commercial seal hunt in Canada. In 1983 Europe banned all whitecoat harp seals products. This ban helped save over 1 million seals. IFAW operates in over 40 countries.

Hare coursing

Hare coursing

Hare coursing is the pursuit of hares with greyhounds and other sighthounds, which chase the hare by sight, not by scent.

Malton, North Yorkshire

Malton, North Yorkshire

Malton is a market town, civil parish and electoral ward in North Yorkshire, England. Historically part of the North Riding of Yorkshire, the town is the location of the offices of Ryedale District Council and has a population of around 13,000 people, measured for both the civil parish and the electoral ward at the 2011 Census as 4,888.

Magistrate

Magistrate

The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a magistratus was one of the highest ranking government officers, and possessed both judicial and executive powers. In other parts of the world, such as China, a magistrate was responsible for administration over a particular geographic area. Today, in some jurisdictions, a magistrate is a judicial officer who hears cases in a lower court, and typically deals with more minor or preliminary matters. In other jurisdictions, magistrates are typically trained volunteers appointed to deal with criminal and civil matters in their local areas.

Falconry

Falconry

Falconry is the hunting of wild animals in their natural state and habitat by means of a trained bird of prey. Small animals are hunted; squirrels and rabbits often fall prey to these birds. Two traditional terms are used to describe a person involved in falconry: a "falconer" flies a falcon; an "austringer" flies a hawk or an eagle. In modern falconry, the red-tailed hawk, Harris's hawk, and the peregrine falcon are some of the more commonly used birds of prey. The practice of hunting with a conditioned falconry bird is also called "hawking" or "gamehawking", although the words hawking and hawker have become used so much to refer to petty traveling traders, that the terms "falconer" and "falconry" now apply to most use of trained birds of prey to catch game. Many contemporary practitioners still use these words in their original meaning, however.

Failed challenges

Challenges to the Act which questioning the legality of the Parliament Act 1949 in the High Court and Court of Appeal failed (for example Jackson v Attorney General) The House of Lords in their judicial capacity agreed with the lower courts in a judgment delivered in October 2005.[45]

An application for judicial review was made to the High Court of England and Wales which argued that the anti-hunting legislation contravenes individual human or property rights protected in the European Convention on Human Rights (ECHR) and under European Community law and on grounds of the free movement of goods and services.[46] The application was dismissed by the High Court in July 2005,[47] the Court of Appeal in June 2006[48] and the House of Lords in November 2007.[49] An application to the European Court of Human Rights was ruled inadmissible.[50][51]

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Parliament Act 1949

Parliament Act 1949

The Parliament Act 1949 is an Act of the Parliament of the United Kingdom. It reduced the power of the House of Lords to delay certain types of legislation – specifically public bills other than money bills – by amending the Parliament Act 1911.

Judicial functions of the House of Lords

Judicial functions of the House of Lords

Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, for many centuries it had a judicial function. It functioned as a court of first instance for the trials of peers and for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England.

Judicial review

Judicial review

Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries.

Property

Property

Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away, or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights.

European Convention on Human Rights

European Convention on Human Rights

The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the Convention and new members are expected to ratify the convention at the earliest opportunity.

European Court of Human Rights

European Court of Human Rights

The European Court of Human Rights, also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights. The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the Convention or its optional protocols to which a member state is a party. The European Convention on Human Rights is also referred to by the initials "ECHR". The court is based in Strasbourg, France.

Penalties and enforcement

A person guilty of an offence under this Act is liable on summary conviction to an unlimited fine at the discretion of judges. (The provisions of the law state a penalty not exceeding level 5 on the standard scale, however, level 5 currently has no upper limit).[52]

Analysis published in 2015 by pro-hunting pressure group the Countryside Alliance of 2005-14 data from the Ministry of Justice shows that 378 people have been convicted of Hunting Act offences over that period, but only 24 of the offenders were involved with registered hunts. They therefore conclude that more than 94% of Hunting Act convicted offenders were not members of registered hunts but were involved in poaching or other casual hunting activities.[53] Justice Minister Crispin Blunt said in a written answer to Parliament in June 2011 that "it is not possible to separately identify those specific cases proceeded against under the Hunting Act 2004 related to hunts recognised and regulated by the Council of Hunting Associations" since "statistical information available centrally does not include the circumstances of each case."[54] In 2014, the number of successful convictions under the act had risen to 430.[55]

Animal welfare groups such as the RSPCA, IFAW and the League Against Cruel Sports monitor some hunts, which they believe may be breaking the law. Small, local groups of Hunt Monitors, made up of independent, private individuals, also engage in regular hunt monitoring.[56] In 2011 the League Against Cruel Sports complained that "On several occasions over the last few years, we have provided what we believed to be good evidence to Devon & Cornwall Police, but the police haven’t even moved from the starting blocks by interviewing suspects. Some cases have run out of time and sometimes the Crown Prosecution Service (CPS) decide to take no action."[57]

Police forces have said, on a number of occasions, that enforcement of the Hunting Act 2004 like much wildlife crime is a low priority for them, although they say that they will enforce the law. However, the Police's UK National Wildlife Crime Unit has said that policing of hunting should be a priority for forces in some areas of the country, most notably the South West.[58]

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Countryside Alliance

Countryside Alliance

The Countryside Alliance (CA) is a British organisation promoting issues relating to the countryside such as farming, rural services, small businesses and field sports, aiming to "Give Rural Britain a voice".

Ministry of Justice (United Kingdom)

Ministry of Justice (United Kingdom)

The Ministry of Justice (MoJ) is a ministerial department of His Majesty's Government headed by the Secretary of State for Justice and Lord Chancellor. Its stated priorities are to reduce re-offending and protect the public, to provide access to justice, to increase confidence in the justice system, and uphold people's civil liberties. The Secretary of State is the minister responsible to Parliament for the judiciary, the court system and prisons and probation in England and Wales, with some additional UK-wide responsibilities e.g. the UK Supreme Court and judicial appointments by the Crown. The department is also responsible for areas of constitutional policy not transferred in 2010 to the Deputy Prime Minister, human rights law and information rights law across the UK.

Crispin Blunt

Crispin Blunt

Crispin Jeremy Rupert Blunt is a British politician who has served as the Member of Parliament (MP) for Reigate since 1997. A member of the Conservative Party, he was the Parliamentary Under-Secretary of State for Prisons and Youth Justice within the Ministry of Justice from 2010 to 2012 and Chair of the Foreign Affairs Select Committee from 2015 until 2017.

League Against Cruel Sports

League Against Cruel Sports

The League Against Cruel Sports, formerly known as the League for the Prohibition of Cruel Sports, is a UK-based animal welfare charity which campaigns to stop blood sports such as fox hunting, hare and deer hunting; game bird shooting; and animal fighting. The charity helped bring about the Hunting Act 2004 and Protection of Wild Mammals (Scotland) Act 2002, which banned hunting with hounds in England, Wales and Scotland.

Police

Police

The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health, and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and the use of force legitimized by the state via the monopoly on violence. The term is most commonly associated with the police forces of a sovereign state that are authorized to exercise the police power of that state within a defined legal or territorial area of responsibility. Police forces are often defined as being separate from the military and other organizations involved in the defense of the state against foreign aggressors; however, gendarmerie are military units charged with civil policing. Police forces are usually public sector services, funded through taxes.

Key court cases involving registered hunts

Tony Wright (Exmoor Foxhounds): 2006–2009

Tony Wright, huntsman for the Exmoor Foxhounds, was convicted of illegal hunting with dogs in Barnstaple magistrates court in August 2006 in a private prosecution by the League Against Cruel Sports,[59] but was then acquitted by the High Court on appeal.[4] The appeal took place at the request of the Crown Prosecution Service who wished to determine if it is necessary for the prosecution to demonstrate that any hunting taking place was not exempt, or for the defence to prove that it was exempt; also to define what was meant by "hunting". The High Court ruled that it was necessary for the prosecution to prove that the conditions of the exemption had not been met. It also ruled that for the offence of "hunting a wild mammal" to take place there must be an identifiable mammal.[4]

Julian Barnfield (Heythrop Hunt): 2009

Charges of illegal hunting of a fox between November 2008 and February 2009 brought against Julian Barnfield of the Heythrop Hunt by the Crown Prosecution Service were dropped in March 2009 in response to the earlier High Court ruling in the Tony Wright case that 'searching' for a mammal was not hunting and that "hunting could only be an 'intentional' activity".[60]

Derek Hopkins and Kevin Allen (Fernie Hunt): 2011

Huntsman Derek Hopkins and terrierman Kevin Allen, employees of the Fernie Hunt from Great Bowden, were convicted of illegal hunting in October 2011.[61] They also lost their appeal, partly based on video evidence collected by the League Against Cruel Sports.[62] It was the third successful prosecution for illegal fox hunting using the 2004 Act.[61]

Crawley and Horsham Hunt: 2008–2013

In 2008, the Crawley and Horsham Hunt launched a legal action in the High Court for trespass, nuisance, and harassment against Simon and Jane Wild of West Sussex Wildlife Protection and West Sussex Badger Protection Group. The hunt used Timothy Lawson-Cruttenden, an expert in the use of the Protection from Harassment Act 1997 in such cases. This was viewed as a test case and received support from the Countryside Alliance, the Master of Foxhounds Association and 80 landowners and if successful was planned to lead to a request for an injunction against everyone associated with these groups from interfering with the hunt. The defendants claimed to have evidence of illegal hunting taking place and were asking the court to accept this as a defence to the Harassment Act action. The original judge, Justice Cranston, stepped down in July 2008 due to earlier comments made in support of the ban made while an MP. During the second trial it was reported that the judge dismissed nuisance and trespass, because they had "fundamental defects", leaving only harassment. It was also reported that the protestors, using an undercover infiltrator, had been able to get hold of conclusive evidence that the claimants were engaged in illegal fox hunting. The principal plaintiff, Simon Greenwood, was filmed using his hounds to chase a fox to ground and then call in terrier-men to dig it out and throw it to the hounds. The plaintiffs dropped the case in July 2009, and agreed to pay costs estimated at over £120,000.[63]

Officials of the Crawley and Horsham Hunt were found guilty in May 2012 of Hunting Act offences: professional huntsman Andrew Phillis, joint master Neill Millard and the hunt secretary Rachel Holdsworth were convicted on a total of five charges of illegally hunting. Millard and Holdsworth were fined £1000 each and both ordered to pay £2500 costs. Phillis was later sentenced to a £500 fine and £2500 costs.[64]

In September 2013, professional huntsman Nicholas Bycroft pleaded guilty to an offence under Section 1 of the Hunting Act: he admitted illegally hunting a fox during a meet at Angmering Park, near Arundel, West Sussex, on 19 February 2013. He was given a 12-month conditional discharge, £150 costs and £15 victim surcharge.

RSPCA vs Heythrop Hunt: 2012

In December 2012 the RSPCA took out a private prosecution against Heythrop Hunt Limited. This was a landmark case, as it was the first time that an organized hunt was prosecuted as a corporate body. The Heythrop Hunt, its Huntsman, Julian Barnfield, and its Senior Master, Richard Sumner, all pleaded guilty to four charges of illegally hunting a fox at Oxford magistrates court in December 2012.[65] Barnfield, a former huntsman with the Heythrop and one of those convicted, said that the case had been politically motivated with its links with David Cameron's constituency.[66] The presiding magistrate called the RSPCA's £327,000 costs "staggering";[67] however, Gavin Grant, the chief executive of the RSPCA, said that the organisation would prevent cruelty to animals by all lawful means and had prosecuted 1,341 individuals and secured 3,114 convictions in the past year with a success rate of more than 98%.[68]

Other cases

Subsequently, three pending prosecutions against hunts, including one brought privately by the League Against Cruel Sports, were dropped[69] and a further two cases which did reach court were thrown out at the conclusion of the prosecution cases when the District Judges ruled that there was no case to answer.[70]

From March to November 2013, staff of six separate hunts were either acquitted of Hunting Act offences or had the prosecutions against them dropped, including three foxhound packs (The York & Ainsty South, the Avon Vale and the Ledbury), a harrier pack (Weston & Banwell Harriers), a staghound pack (The Quantock Staghounds) and a beagle pack (The RAC Beagles).

In September 2013 David Parker, the huntsman of the Seavington Hunt, was fined after he admitted illegally hunting a fox with dogs in Dorset. The prosecution was brought by the RSPCA with evidence from the International Fund for Animal Welfare (IFAW).[71]

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High Court of Justice

High Court of Justice

The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC for legal citation purposes.

Crown Prosecution Service

Crown Prosecution Service

The Crown Prosecution Service (CPS) is the principal public agency for conducting criminal prosecutions in England and Wales. It is headed by the Director of Public Prosecutions.

Great Bowden

Great Bowden

Great Bowden is a village and civil parish in the Harborough district of Leicestershire, England. It is north-east of and a suburb of Market Harborough, although originally the parish of Great Bowden included Harborough. The population is around 1,000, being measured at the 2011 census as 1,017. Places nearby include Market Harborough, Little Bowden, Sutton Bassett, Foxton and Thorpe Langton.

League Against Cruel Sports

League Against Cruel Sports

The League Against Cruel Sports, formerly known as the League for the Prohibition of Cruel Sports, is a UK-based animal welfare charity which campaigns to stop blood sports such as fox hunting, hare and deer hunting; game bird shooting; and animal fighting. The charity helped bring about the Hunting Act 2004 and Protection of Wild Mammals (Scotland) Act 2002, which banned hunting with hounds in England, Wales and Scotland.

Crawley and Horsham Hunt

Crawley and Horsham Hunt

The Crawley and Horsham Hunt is a United Kingdom foxhound pack, with hunting country of around 23 miles by 20 miles within the ceremonial county of Sussex.

Victim surcharge

Victim surcharge

In the legal system of England and Wales, the surcharge, often referred to as a victim surcharge is a penalty applied to people convicted of offences, in addition to a conditional discharge, a fine, or a community or custodial sentence, in order to provide compensation for the victims of crime.

Perspectives

Public opinion

Public opinion has tended to be in favour of the ban on fox hunting:

  • A survey commissioned by The Daily Telegraph in 2002 indicated that a majority of people (57%) agreed with the statement that 'hunting with dogs is never acceptable'.[72]
  • A survey by MORI for the BBC carried out in February 2005 found that there was a plurality of support for the new legislation, but not an absolute majority (47% supporting, 26% opposed).[73]
  • In 2009, Ipsos MORI found that a total of 75% supported the ban on fox hunting.[74]
  • In 2010, the figure was almost identical, with 76% being opposed to repealing the Hunting Act, including with 71% of rural residents. There was 18% support for repeal.[75]
  • A poll by MORI in December 2012 showed no change on fox hunting, with 76% being opposed to moves to make it legal, rising to 81% in respect to deer hunting.[76]
  • Ahead of Boxing Day 2016 a poll was released which indicated opposition to fox hunting had reached all-time highs, with 84% of voters, including 82% of those in rural areas, opposing fox hunting.[77]
  • An opinion poll in May 2017 revealed overwhelming public opposition to hunting with dogs, including the repeal of the Hunting Act 2004. 64% of voters disagreed with the statement that "the ban on fox hunting should be reversed", including 46% who "strongly disagreed". Just 11% supported the repeal of the ban. The poll was published in the aftermath of the release of the Conservative Party manifesto for the 2017 general election, which promised a vote on the repeal of the Act.[78] Only 16% of Conservative voters want the ban overturned, with 50% opposed.

Supporters of the bill

Opponents of the bill

Neutral

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BBC

BBC

The British Broadcasting Corporation (BBC) is the national broadcaster of the United Kingdom, based at Broadcasting House in London, England. It is the world's oldest national broadcaster, and the largest broadcaster in the world by number of employees, employing over 22,000 staff in total, of whom approximately 19,000 are in public-sector broadcasting.

Conservative Party (UK)

Conservative Party (UK)

The Conservative Party, officially the Conservative and Unionist Party and also known colloquially as the Tories, is one of the two main political parties in the United Kingdom, along with the Labour Party. It is the current governing party, having won the 2019 general election. It has been the primary governing party in the United Kingdom since 2010. The party is on the centre-right of the political spectrum, and encompasses various ideological factions including one-nation conservatives, Thatcherites, and traditionalist conservatives. The party currently has 355 Members of Parliament, 260 members of the House of Lords, 9 members of the London Assembly, 31 members of the Scottish Parliament, 16 members of the Welsh Parliament, 4 directly elected mayors, 30 police and crime commissioners, and around 6,619 local councillors. It holds the annual Conservative Party Conference.

2017 United Kingdom general election

2017 United Kingdom general election

The 2017 United Kingdom general election was held on Thursday 8 June 2017, two years after the previous general election in 2015; it was the first since 1992 to be held on a day that did not coincide with any local elections. The governing Conservative Party remained the largest single party in the House of Commons but lost its small overall majority, resulting in the formation of a Conservative minority government with a Confidence and supply agreement with the Democratic Unionist Party (DUP) of Northern Ireland.

League Against Cruel Sports

League Against Cruel Sports

The League Against Cruel Sports, formerly known as the League for the Prohibition of Cruel Sports, is a UK-based animal welfare charity which campaigns to stop blood sports such as fox hunting, hare and deer hunting; game bird shooting; and animal fighting. The charity helped bring about the Hunting Act 2004 and Protection of Wild Mammals (Scotland) Act 2002, which banned hunting with hounds in England, Wales and Scotland.

Hunt Saboteurs Association

Hunt Saboteurs Association

The Hunt Saboteurs Association (HSA) is a United Kingdom organisation that uses hunt sabotage as a means of direct action to stop fox hunting. It was founded in 1963, with its first sabotage event occurring at the South Devon Foxhounds on 26 December 1963.

Animal Welfare Party

Animal Welfare Party

Animal Welfare Party (AWP) is a minor political party in the United Kingdom campaigning on an animal welfare, environment and health platform.

Patrick Moore

Patrick Moore

Sir Patrick Alfred Caldwell-Moore was an English amateur astronomer who attained prominence in that field as a writer, researcher, radio commentator and television presenter.

Caroline Dinenage

Caroline Dinenage

Caroline Julia Dinenage, Baroness Lancaster of Kimbolton,, also styled as Dame Caroline Dinenage, is a British Conservative Party politician who has been the Member of Parliament (MP) for Gosport since 2010. She was re-elected in 2015, 2017, and 2019.

Mike Weatherley

Mike Weatherley

Michael Richard Weatherley was a British Conservative Party politician who was the Member of Parliament (MP) for Hove in East Sussex from 2010 to 2015.

Dominic Raab

Dominic Raab

Dominic Rennie Raab is a British politician who has served as Deputy Prime Minister of the United Kingdom, Secretary of State for Justice, and Lord Chancellor since October 2022, having previously served from 2021 to September 2022. He has been Member of Parliament (MP) for Esher and Walton since 2010. A member of the Conservative Party, he served as Brexit Secretary in 2018 and as both First Secretary of State and Foreign Secretary from 2019 to 2021.

Caroline Ansell

Caroline Ansell

Caroline Julie Porte Ansell is a Conservative Party politician in the United Kingdom. She has been the Member of Parliament (MP) for Eastbourne since the 2019 general election. She was first elected as Eastbourne's MP at the 2015 general election, but was defeated at the 2017 election.

Ann Widdecombe

Ann Widdecombe

Ann Noreen Widdecombe is a British politician, author and television personality. She was Member of Parliament (MP) for Maidstone and The Weald, and the former Maidstone constituency, from 1987 to 2010 and Member of the European Parliament (MEP) for South West England from 2019 to 2020. Originally a member of the Conservative Party, she was a member of the Brexit Party from 2019 until it was renamed Reform UK in 2021. She later rejoined Reform UK in 2023.

Proposed Coalition review

The Conservative – Liberal Democrat Coalition Agreement, agreed by the new government following the 2010 general election, aimed to give MPs a free vote "to express its view" on repealing the Hunting Act 2004[84] when parliamentary time allowed; in late 2010, it was thought this might be in "early 2012".[85] The prime minister, David Cameron, explained in January 2012 "I always thought the hunting ban was a pretty bizarre piece of legislation ... I think there should be a free vote in the House of Commons. I think the Commons should make its mind up about this. My problem has always been that it was just taking the criminal law into an area of activity where it didn't really belong."[86] However, in December 2012 Owen Paterson, the Environment Secretary, said that there was no immediate likelihood of winning a Commons vote to make hunting legal again and that supporters of hunting would need to do "more work" to win over sceptical MPs.[87]

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2010 United Kingdom general election

2010 United Kingdom general election

The 2010 United Kingdom general election was held on Thursday 6 May 2010, with 45,597,461 registered voters entitled to vote to elect members to the House of Commons. The election took place in 650 constituencies across the United Kingdom under the first-past-the-post system.

Owen Paterson

Owen Paterson

Owen William Paterson is a British former politician who served as Secretary of State for Northern Ireland from 2010 to 2012 and Secretary of State for Environment, Food and Rural Affairs from 2012 to 2014 under Prime Minister David Cameron. A member of the Conservative Party, he served as Member of Parliament (MP) for North Shropshire from 1997 until his resignation in 2021. Paterson was also the President of the Northern Ireland Conservatives.

Secretary of State for Environment, Food and Rural Affairs

Secretary of State for Environment, Food and Rural Affairs

The secretary of state for environment, food and rural affairs, also referred to as the environment secretary, is a secretary of state in the Government of the United Kingdom, with overall responsibility for the Department for Environment, Food and Rural Affairs (Defra). The incumbent is a member of the Cabinet of the United Kingdom.

Proposed Conservative amendments

The 2015 Conservative Government proposed "technical" amendments to the Act. These were officially postponed on 14 July 2015.[88]

At the 2017 election Theresa May pledged to hold a free vote on repealing the Hunting Act if the Conservative Party won a majority.[89] These plans were scrapped in January 2018.[90]

At the 2019 election the Conservative Party announced that they would not make any changes to the Hunting Act leading to suggestions that the Conservatives would no longer oppose the Hunting Ban.[91][92][93]

Source: "Hunting Act 2004", Wikipedia, Wikimedia Foundation, (2023, February 26th), https://en.wikipedia.org/wiki/Hunting_Act_2004.

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Further Reading

Beagle

Hunting

Fox hunting

Beagling

Coursing

Rabbiting

Hare coursing

Working terrier

Benjamin Mancroft, 3rd Baron Mancroft

Protection of Wild Mammals (Scotland) Act 2002

Burns Inquiry

Quorn Hunt

Cottesmore Hunt

Hunt monitor
See also
Footnotes
  1. ^ The citation of this Act by this short title is authorised by section 16 of this Act.
  2. ^ The Hunting Act 2004, section 17
  3. ^ The Hunting Act 2004, section 15
  4. ^ a b c "Director of Public Prosecutions (Crown Prosecution Service CCU South West) v Anthony Wright; The Queen on the Application of Maurice Scott, Peter Heard & Donald Summersgill v Taunton Deane Magistrates' Court [2009] EWHC 105 (Admin)". British and Irish Legal Information Institute. 4 February 2009. Retrieved 15 February 2009.
  5. ^ "Official Report, Commons". House of Commons. 25 February 2003. Retrieved 26 February 2008.
  6. ^ "Protection of Badgers Act 1992". www.legislation.gov.uk. Retrieved 22 January 2018.
  7. ^ The National Archives: "Wild Mammals (Protection) Act 1996: Section 2: Exceptions from offence under the Act."
  8. ^ "Timeline: attempts to ban hunting - Special Reports - guardian.co.uk Politics". politics.theguardian.com. Retrieved 22 January 2018.
  9. ^ "Wild Mammals and the Law - Northumberland Wildlife Trust". www.nwt.org.uk. Retrieved 22 January 2018.
  10. ^ a b Tichelar, M. (2006). "'Putting Animals into Politics: The Labour Party and Hunting in the First Half of the Twentieth Century". Rural History. 17 (2): 213–234. doi:10.1017/S0956793306001889. S2CID 145439733.
  11. ^ J. Scott Henderson (1951). "Report of the Committee on Cruelty to Wild Animals". {{cite journal}}: Cite journal requires |journal= (help)
  12. ^ "Timeline: Hunting row". BBC. 17 February 2005. Retrieved 19 February 2008.
  13. ^ Henry Tegner, Wild Hares (London: John Baker, 1969), p. 83
  14. ^ Fletcher, J. "Executive Sovereignty in our Constitution" (PDF). Justice. Archived from the original (PDF) on 28 February 2008. Retrieved 19 February 2008.
  15. ^ a b "Protection of Wild Mammals (Scotland) Act". HMSO. 2002. Archived from the original on 26 February 2008. Retrieved 12 February 2008.
  16. ^ a b Lord Burns, Dr Victoria Edwards, Professor Sir John Marsh, Lord Soulsby of Swaffham Prior; Professor Michael Winter (9 June 2000). "The Final Report of the Committee of Inquiry into Hunting with Dogs in England and Wales". Her Majesty's Stationery Office. Archived from the original on 10 April 2009. Retrieved 10 February 2008.{{cite web}}: CS1 maint: uses authors parameter (link)
  17. ^ "Fox hunting worldwide". BBC News. 16 September 1999. Retrieved 5 October 2007.
  18. ^ "The Labour Party's Manifesto 1997". BBC. 1997. Archived from the original on 20 December 2007. Retrieved 19 February 2008.
  19. ^ "How hunting ban went to the dogs". BBC. 9 July 1999. Retrieved 19 February 2008.
  20. ^ Burns, T. (12 March 2001). "Official Report, Lords". House of Lords. Retrieved 19 February 2008.
  21. ^ "Hunt battle set to return". BBC. 17 June 2001. Retrieved 19 February 2008.
  22. ^ "Hunting Hearings". Defra. 10 December 2002. Archived from the original on 13 November 2007. Retrieved 19 February 2008.
  23. ^ "Hunting vote sparks angry scenes". BBC. 17 December 2002. Retrieved 19 February 2008.
  24. ^ "Lords rejects hunting ban". BBC. 12 October 2003. Retrieved 19 February 2008.
  25. ^ "Pro-hunt protesters storm Commons". BBC News. 15 September 2004. Retrieved 22 January 2018.
  26. ^ Holliday, John (28 September 2004). "Pride not prejudice". The Guardian. Retrieved 19 June 2015.
  27. ^ "Fox hunting ban looks inevitable". BBC. 17 November 2004. Retrieved 19 February 2008.
  28. ^ Baroness Royall of Blaisdon (8 April 2010). "Parliament Acts". Parliamentary Debates (Hansard). House of Lords. col. 462–463.
  29. ^ Bremner, Charles; Robertson, David (28 January 2005). "High Court upholds Hunting ban". The Times. London. Retrieved 17 November 2011.
  30. ^ "Hunters fall prey to Parliament". BBC. 19 November 2004. Retrieved 19 February 2008.
  31. ^ The Interpretation Act 1978, section 5 and Schedule 1
  32. ^ Hare v Gocher [1962] 2 QB 641, [1962] 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd [1967] 2 QB 899 at 909, [1967] 2 All ER 900, CA.
  33. ^ a b "Official Report, Commons". House of Commons. 16 December 2002. Retrieved 19 February 2008.
  34. ^ Hunting Act 2004, Section 2, legislation.gov.uk, accessed 24 December 2022
  35. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa ab ac ad ae af ag ah ai Hunting Act 2004, Schedule 1, legislation.gov.uk, accessed 24 December 2022
  36. ^ Edwards, Adam (5 November 2010). "The Rise and Fall of Mr. Fox". The Telegraph. London. Archived from the original on 7 November 2010. Retrieved 16 January 2011.
  37. ^ Jones, K. (2000). "Federation of Welsh Packs submission to Burns Inquiry". Defra. Archived from the original on 30 July 2008. Retrieved 19 February 2008.
  38. ^ "Official Report, Commons". House of Commons. 4 February 2003. Retrieved 25 February 2008.
  39. ^ Williams, Judge W. (2 October 2007). "League Against Cruel Sports vs. Down & Pillivant" (PDF). League Against Cruel Sports. Archived from the original (PDF) on 2 June 2010.
  40. ^ "Official Report, Commons". House of Commons. 30 June 2003. Retrieved 19 February 2008.
  41. ^ "Hunting Act convictions". League Against Cruel Sports. January 2008. Archived from the original on 22 July 2011. Retrieved 19 February 2008.
  42. ^ "Official Report, Lords". 28 October 2004. Retrieved 27 February 2008.
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72 .http://www.theargus.co.uk/news/1735356.print/ RSPCA vs Heythrop Hunt: 2012

73 https://www.theguardian.com/uk/2012/may/14/hunt-members-guilty-fox-hounds?newsfeed=true 74 https://web.archive.org/web/20121004145808/http://www.horseandhound.co.uk/competitionnews/392/286742.html

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