Fox hunting legislation
Encyclopedia
Fox hunting legislation refers to various laws and legislative history related to fox hunting
in the United Kingdom
and elsewhere.
has been regulated for many centuries, most often for the benefit of the upper class. The word "paradise", for example, comes from a Greek word for enclosed Persian gardens, where only royalty were allowed and only royals could hunt. In more modern times, hunting regulations have been encouraged by the conservation
and animal welfare
movements out of concern for wildlife management
and alleged cruelty
.
, the Protection of Badgers Act 1992 and the Wild Mammals (Protection) Act 1996 contained specific exemptions for hunting activities, thereby preventing prosecutions of hunts for activities that might otherwise have been considered cruel.
s to ban, or restrict, hunting were introduced in 1949, but one was defeated on its second reading in the House of Commons
and the other withdrawn. The Labour government appointed the Scott Henderson Inquiry to investigate all forms of hunting, although several of its members came from a hunting background. The inquiry's conclusion was that "Fox hunting makes a very important contribution to the control of foxes, and involves less cruelty than most other methods of controlling them" (namely, shooting, gassing, trapping and poisoning). It therefore recommended that fox hunting be allowed to continue."
Twice, in 1969 and in 1975, the House of Commons passed legislation 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). The latter won majority support in the House of Commons, but all failed to go on to become law.
After the Labour Party
came to power in 1997, with a manifesto pledging "a free vote in Parliament on whether hunting with hounds should be banned by legislation", another 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.
Jack Straw
arranged for a six-month Government Committee of Inquiry
into Hunting with Dogs in England and Wales. Chaired by Lord Burns
, the Committee presented its Final Report to Parliament in June 2000. The Committee of Inquiry into Hunting with Dogs in England and Wales (The Burns Inquiry, see references below) worked to the following terms of reference:
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.
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.http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldbills/023/2001023.htm 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.
In the next Parliamentary session, in 2004, the Government re-introduced their Bill in exactly the same form and it passed through the Commons in one day in September. The House of Commons also passed a 'suggested amendment' under the procedure of the Parliament Acts 1911 and 1949
that would have delayed the commencement of the ban for 18 months until July 31, 2006, if it had been accepted by the Lords (See Hansard 15 Sept 2004 in references below). The Government argued for such a delay as an opportunity for hunts to wind down or adapt before the ban came into force; hunt supporters believed that its primary purpose was to prevent the ban and associated protests from coming into effect a few months before the expected general election
in May 2005. Animal welfare supporters also opposed any delay in what they saw as an important law.
The House of Lords passed a series of amendments to return the Bill to the original government Bill of 2003 for licensing and regulation. Under this proposal, hunts would only be able to take place if they could show "utility" (a need to reduce the local fox population) and "least suffering" (lack of any alternative procedure involving less suffering to the quarry than hunting). The Lords amendments included delaying the Bill coming into force until at least December 1, 2007 after the Royal College of Veterinary Surgeons
had reported on whether hunting involved more or less suffering than the alternatives.
During a street protest in the streets approaching Parliament on 15 September 2004, the day of the final vote (third reading) of the The Hunting Act 2004 (c.37), a number of protesters staged the first invasion of the House of Commons chamber since King Charles I
in 1641. While it was quickly quelled by Parliamentary officials, it created grave concerns about security as it was the second major protest breaching the direct security of the chamber in four months. (Fathers 4 Justice
's famous purple flour protest occurred four months earlier on 19 May 2004, in which the Prime Minister was struck by a thrown projectile).
The Commons disagreed with those amendments and insisted on the total ban bill. On November 17 the Lords insisted on its amendments to the main Bill, though it varied their suggested delay until 2007 to decouple it from any RCVS report. This time it was presented as a fairer opportunity for hunts to wind down than the 18 month delay. The next day was the last day of the Parliamentary session. In the Commons, the Government's last-ditch attempt to compromise on a delay until July 31, 2007 won the support of only 46 MPs, although the delay until 2006 was inserted in the Bill. The Lords would have had to have accepted the Commons' other amendments (including the principle of a ban on hunting) in order for this delay to have been approved, and therefore rejected them by 153 to 114.
When the Lords and Commons were unable to come to agreement by the end of the Parliamentary year on November 18, the Parliament Acts 1911 and 1949
were invoked, and the banning Bill received Royal Assent that evening, becoming the Hunting Act 2004. With no agreement on the 'suggested amendment' to delay the ban, the Hunting Act 2004
came into force three calendar months after Royal Assent on February 18, 2005.
A person guilty of an offence under this Act is liable on summary conviction to a fine not exceeding level 5 on the standard scale; at the moment that is 5,000 British Pounds (US$ 8,000). There is no jail penalty.
released a Hunting Handbook. The League Against Cruel Sports
criticised the handbook as misleading.
The Countryside Alliance has mounted legal challenges to the Hunting Act 2004 (both in the British High Court of Justice
and European Court of Human Rights
).
The first challenge
was for a ruling on the legality of the Parliament Act 1949
. On 17 February 2005 the High Court ruled against the Countryside Alliance, holding that the Parliament Act 1949 is valid, and the Court of Appeal agreed a few days later. The Alliance appealed to the House of Lords and, on the 13 October 2005, the original decision was upheld.
The second, quite separate challenge, argued that the anti-hunting legislation contravenes individual rights protected in the European Convention on Human Rights
(ECHR). In this hearing, the court also heard arguments from a group of European business people who argued that the ban restricted European law for the free movement of services. The High Court, in Summer 2005, rejected both cases, as did the Court of Appeal in March 2006 and the House of Lords in November 2007.
The Parliamentary Middle Way group favours the continuation of hunting under a strict licensing scheme managed by a statutory authority; they argue for this position on both animal welfare and civil liberties grounds. They state that each hunt should apply for a licence to and show that their method of quarry control involves less suffering than any alternative method.
They have commissioned research into The Welfare Aspects of Shooting Foxes, showing the wounding rates caused by different types of fox-control with guns.
say that a minority of some hunts are breaking the law and now have a self styled role as hunt monitors. In 2007, the terrierman of the Flinth & Denbigh foxhounds was convicted for a breach of the Hunting Act. Both sides of the hunting debate continue to hold and demonstrate their strong views.
voted by eighty three to thirty six to pass legislation to ban hunting with dogs. MSP
s decided not to give compensation to those whose livelihoods or businesses might suffer as a result of the ban. The Act came into effect on August 1, 2002. An article in the Guardian on 9 September 2004 reports that of the ten Scottish hunts, nine survived the ban, using the permitted exemption allowing them to use packs of hounds to flush foxes to guns (this is strongly opposed by people against hunting).
A number of convictions have taken place under the Act, two for people hunting foxes and ten for hare coursing
. The only prosecution of a traditional fox hunt led to a not guilty verdict, but to a clarification of the law, with the sheriff saying that the activity of flushing foxes to guns "will require to be accompanied by realistic and one would expect, effective arrangements for the shooting of pest species. The use of what might be termed "token guns" or what was described by the Crown as paying lip service to the legislation is not available ... as a justification for the continuation of what was referred to in the evidence before me as traditional foxhunting." http://www.scotcourts.gov.uk/opinions/ADAMS.html
Two of the hunts have started training bloodhounds for drag hunting
rather than the traditional methods.
There is controversy over the impact on the number of foxes killed by hunts. Hunts say that the number killed by hunts has doubled because shooting is more effective than chasing with dogs. However, sceptics challenge this, pointing out that the nine surviving hunts have lost more than half of their income and membership.
would have been banned had the Foster
Bill become law. However, by the time of subsequent hunting legislation in the House of Commons
, the Northern Ireland Assembly
had been established and the hunting issue had been devolved to that body. A Hunting Bill was introduced into the Northern Ireland Assembly but rejected in December 2010.
, a division of the United States Department of the Interior
, a cabinet-level
division, whose director reports directly to the president. Within these federal guidelines, most hunting regulation for non-migratory species rests within wildlife or agricultural departments at the state level
. With fifty different states, this lends itself to a wide variety of diversity, especially for an activity such as fox hunting
, which is much less common in North America than in the United Kingdom. Much more common is the hunting of raccoon
s (Ursus lotor) with coonhound
s, and where such hunting is practised, the two are often regulated similarly due to the method (which involves tracking or active pursuit by dogs).
The red fox is protected in every state in which it is present (all except Hawaii
), in contrast to its status as vermin
in the UK. It is variously classified as a furbearer, small game or predator in state hunting and trapping regulations. The open and closed hunting seasons for fox (both red and gray) also vary by state. Pursuit of red fox while in possession of a firearm requires a hunting license
(or in some cases a trapping license) in all states, and is generally restricted to a specific season (typically the winter months). In some states (such as Florida
) it is illegal to chase fox with dogs while in possession of a firearm, although it is legal to chase them otherwise.
In some western states the coyote
is an unprotected species, and there are no restrictions on the methods used in hunting them. In these areas Hunt Clubs often pursue coyote instead of fox.
Fox hunting
Fox hunting is an activity involving the tracking, chase, and sometimes killing of a fox, traditionally a red fox, by trained foxhounds or other scent hounds, and a group of followers led by a master of foxhounds, who follow the hounds on foot or on horseback.Fox hunting originated in its current...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and elsewhere.
History
HuntingHunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
has been regulated for many centuries, most often for the benefit of the upper class. The word "paradise", for example, comes from a Greek word for enclosed Persian gardens, where only royalty were allowed and only royals could hunt. In more modern times, hunting regulations have been encouraged by the conservation
Conservation movement
The conservation movement, also known as nature conservation, is a political, environmental and a social movement that seeks to protect natural resources including animal, fungus and plant species as well as their habitat for the future....
and animal welfare
Animal welfare
Animal welfare is the physical and psychological well-being of animals.The term animal welfare can also mean human concern for animal welfare or a position in a debate on animal ethics and animal rights...
movements out of concern for wildlife management
Wildlife management
Wildlife management attempts to balance the needs of wildlife with the needs of people using the best available science. Wildlife management can include game keeping, wildlife conservation and pest control...
and alleged cruelty
Cruelty to animals
Cruelty to animals, also called animal abuse or animal neglect, is the infliction of suffering or harm upon non-human animals, for purposes other than self-defense. More narrowly, it can be harm for specific gain, such as killing animals for food or for their fur, although opinions differ with...
.
Situation prior to 2004
Several UK laws on animal welfare, such as the Protection of Animals Act 1911Protection of Animals Act 1911
The Protection of Animals Act 1911 is an Act of the Parliament of the United Kingdom. It received Royal Assent on 18 August 1911.The act consolidated several previous pieces of legislation, among others repealing the Cruelty to Animals Act 1849 and the Wild Animals in Captivity Protection Act 1900...
, the Protection of Badgers Act 1992 and the Wild Mammals (Protection) Act 1996 contained specific exemptions for hunting activities, thereby preventing prosecutions of hunts for activities that might otherwise have been considered cruel.
Previous private members bills
Over recent decades, many attempts had been made to ban hunting. Anti-hunting protests became more prevalent during the Great Depression, and two private member's billPrivate Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
s to ban, or restrict, hunting were introduced in 1949, but one was defeated on its second reading in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
and the other withdrawn. The Labour government appointed the Scott Henderson Inquiry to investigate all forms of hunting, although several of its members came from a hunting background. The inquiry's conclusion was that "Fox hunting makes a very important contribution to the control of foxes, and involves less cruelty than most other methods of controlling them" (namely, shooting, gassing, trapping and poisoning). It therefore recommended that fox hunting be allowed to continue."
Twice, in 1969 and in 1975, the House of Commons passed legislation to ban hare coursing
Hare coursing
Hare coursing is the pursuit of hares with greyhounds and other sighthounds, which chase the hare by sight and not by scent. It is a competitive sport, in which dogs are tested on their ability to run, overtake and turn a hare, rather than a form of hunting aiming at the capture of game. It has a...
, but neither Bill became law. Three further private member's bills were introduced by Kevin McNamara
Kevin McNamara (politician)
Dr. Joseph Kevin McNamara, KSG is a British Labour Party politician who served as a Member of Parliament for almost 40 years.-Early life:...
in 1992 (Wild Mammals (Protection) Bill), by Tony Banks
Tony Banks, Baron Stratford
Anthony Louis Banks, Baron Stratford was a British Labour Party politician, who was a Member of Parliament from 1983 to 2005, before being made a Member of the House of Lords. In government, he served for two years as Minister for Sport...
in 1993 (Fox Hunting (Abolition) Bill), and by John McFall in 1995 (Wild Mammals (Protection) Bill). The latter won majority support in the House of Commons, but all failed to go on to become law.
After the Labour Party
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
came to power in 1997, with a manifesto pledging "a free vote in Parliament on whether hunting with hounds should be banned by legislation", another private member's bill, introduced by Michael Foster MP
Michael John Foster
Michael John Foster was a British Labour Party politician, who was the Member of Parliament for Worcester from 1997 until 2010, and was the Parliamentary Under-Secretary of State at the Department for International Development....
, received a second reading with 411 MPs voting in support, but failed due to lack of parliamentary time.
Government legislation
In 1999, Home SecretaryHome Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
Jack Straw
Jack Straw
Jack Straw , British politician.Jack Straw may also refer to:* Jack Straw , English* "Jack Straw" , 1971 song by the Grateful Dead* Jack Straw by W...
arranged for a six-month Government Committee of Inquiry
Burns Inquiry
The Burns Inquiry was a Government committee set up to examine the facts in the debate in the United Kingdom about fox hunting and other forms of hunting with dogs.-Establishment:...
into Hunting with Dogs in England and Wales. Chaired by Lord Burns
Terence Burns, Baron Burns
Terence Burns, Baron Burns, GCB is a British economist, made a life peer in 1998 for his services as former Chief Economic Advisor and Permanent Secretary to HM Treasury. He is currently Chairman of Santander UK, Non-Executive Chairman of Glas Cymru, and a Non-Executive Director of Pearson Group...
, the Committee presented its Final Report to Parliament in June 2000. The Committee of Inquiry into Hunting with Dogs in England and Wales (The Burns Inquiry, see references below) worked to the following terms of reference:
- To inquire into:
-
- the practical aspects of different types of hunting with dogs and its impact on the rural economy, agriculture and pest control, the social and cultural life of the countryside, the management and conservation of wildlife, and animal welfare in particular areas of England and Wales;
- the consequences for these issues of any ban on hunting with dogs; and
- how any ban might be implemented.
-
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 Hunting Act 2004
The 2001 Labour manifesto (See references below) contained a promise to allow "Parliament to reach a conclusion on this issue". In 2003, the government introduced its own Bill which would have banned hare coursing and stag hunting and would have instituted a system of licensing and regulation of the hunting of foxes, hares and mink. However, the majority of MPs passed a series of amendments to introduce a total ban on hunting with exemptions only for rats, rabbits, and for falconry. The Government initially described these as wrecking amendments but later accepted them as the will of the House of Commons. This Bill did not complete its stages in the House of Lords.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
Bernard Donoughue, Baron Donoughue
Bernard Donoughue, Baron Donoughue is a British politician, businessman and author.The son of Thomas Joseph Donoughue was educated at Campbell Secondary Modern School and Northampton Grammar School, Lincoln College, Oxford, where he read History and obtained the degree of Bachelor of Arts in 1957,...
proposed the Wild Mammals (Protection) (Amendment) Bill.http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldbills/023/2001023.htm 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
Animal welfare
Animal welfare is the physical and psychological well-being of animals.The term animal welfare can also mean human concern for animal welfare or a position in a debate on animal ethics and animal rights...
groups such as the League Against Cruel Sports
League Against Cruel Sports
The League Against Cruel Sports are an animal welfare organisation that campaigns against all blood sports including bull fighting, fox hunting and hare coursing. It also campaigns to ban the manufacture, sale and use of snares, for the regulation of greyhound racing and for an end to commercial...
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.
In the next Parliamentary session, in 2004, the Government re-introduced their Bill in exactly the same form and it passed through the Commons in one day in September. The House of Commons also passed a 'suggested amendment' under the procedure of the 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 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
that would have delayed the commencement of the ban for 18 months until July 31, 2006, if it had been accepted by the Lords (See Hansard 15 Sept 2004 in references below). The Government argued for such a delay as an opportunity for hunts to wind down or adapt before the ban came into force; hunt supporters believed that its primary purpose was to prevent the ban and associated protests from coming into effect a few months before the expected general election
United Kingdom general election, 2005
The United Kingdom general election of 2005 was held on Thursday, 5 May 2005 to elect 646 members to the British House of Commons. The Labour Party under Tony Blair won its third consecutive victory, but with a majority of 66, reduced from 160....
in May 2005. Animal welfare supporters also opposed any delay in what they saw as an important law.
The House of Lords passed a series of amendments to return the Bill to the original government Bill of 2003 for licensing and regulation. Under this proposal, hunts would only be able to take place if they could show "utility" (a need to reduce the local fox population) and "least suffering" (lack of any alternative procedure involving less suffering to the quarry than hunting). The Lords amendments included delaying the Bill coming into force until at least December 1, 2007 after the Royal College of Veterinary Surgeons
Royal College of Veterinary Surgeons
The Royal College of Veterinary Surgeons is the regulatory body for veterinary surgeons in the United Kingdom. Established in 1844 by Royal Charter, its statutory duties are laid out in the 1966 Veterinary Surgeons Act.-Role:...
had reported on whether hunting involved more or less suffering than the alternatives.
During a street protest in the streets approaching Parliament on 15 September 2004, the day of the final vote (third reading) of the The Hunting Act 2004 (c.37), a number of protesters staged the first invasion of the House of Commons chamber since King Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
in 1641. While it was quickly quelled by Parliamentary officials, it created grave concerns about security as it was the second major protest breaching the direct security of the chamber in four months. (Fathers 4 Justice
Fathers 4 Justice
Fathers 4 Justice began as a fathers’ rights organisation in the United Kingdom. It became prominent and frequently discussed in the media following a series of high-visibility stunts and protests often in costume. It was temporarily disbanded in January 2006, following allegations of a plot by...
's famous purple flour protest occurred four months earlier on 19 May 2004, in which the Prime Minister was struck by a thrown projectile).
The Commons disagreed with those amendments and insisted on the total ban bill. On November 17 the Lords insisted on its amendments to the main Bill, though it varied their suggested delay until 2007 to decouple it from any RCVS report. This time it was presented as a fairer opportunity for hunts to wind down than the 18 month delay. The next day was the last day of the Parliamentary session. In the Commons, the Government's last-ditch attempt to compromise on a delay until July 31, 2007 won the support of only 46 MPs, although the delay until 2006 was inserted in the Bill. The Lords would have had to have accepted the Commons' other amendments (including the principle of a ban on hunting) in order for this delay to have been approved, and therefore rejected them by 153 to 114.
When the Lords and Commons were unable to come to agreement by the end of the Parliamentary year on November 18, the 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 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
were invoked, and the banning Bill received Royal Assent that evening, becoming the Hunting Act 2004. With no agreement on the 'suggested amendment' to delay the ban, the Hunting Act 2004
Hunting Act 2004
The Hunting Act 2004 is an Act of the Parliament of the United Kingdom. The effect of the Act is to outlaw hunting with dogs in England and Wales from 18 February 2005...
came into force three calendar months after Royal Assent on February 18, 2005.
A person guilty of an offence under this Act is liable on summary conviction to a fine not exceeding level 5 on the standard scale; at the moment that is 5,000 British Pounds (US$ 8,000). There is no jail penalty.
United Kingdom: England and Wales: The Hunting Act 2004: legal challenges
To clarify their position, the Countryside AllianceCountryside Alliance
The Countryside Alliance is a British organisation promoting issues relating to the countryside such as country sports, including hunting, shooting and angling...
released a Hunting Handbook. The League Against Cruel Sports
League Against Cruel Sports
The League Against Cruel Sports are an animal welfare organisation that campaigns against all blood sports including bull fighting, fox hunting and hare coursing. It also campaigns to ban the manufacture, sale and use of snares, for the regulation of greyhound racing and for an end to commercial...
criticised the handbook as misleading.
The Countryside Alliance has mounted legal challenges to the Hunting Act 2004 (both in the British High Court of Justice
High Court of Justice
The High Court of Justice is, together with the Court of Appeal and the Crown Court, one of the Senior Courts of England and Wales...
and European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
).
The first challenge
Jackson v Attorney General
Jackson v Attorney General [2005] UKHL 56 was a House of Lords case concerning the legality of the use of the Parliament Acts 1911 and 1949 to pass the Hunting Act to ban fox hunting...
was for a ruling on the legality of the Parliament Act 1949
Parliament Act 1949
The Parliament Act 1949 is an Act of the Parliament of the United Kingdom.This Act must be construed as one with the Parliament Act 1911...
. On 17 February 2005 the High Court ruled against the Countryside Alliance, holding that the Parliament Act 1949 is valid, and the Court of Appeal agreed a few days later. The Alliance appealed to the House of Lords and, on the 13 October 2005, the original decision was upheld.
The second, quite separate challenge, argued that the anti-hunting legislation contravenes individual rights protected in the European Convention on Human Rights
European Convention on Human Rights
The Convention for the Protection of Human Rights and Fundamental Freedoms is an international treaty to protect human rights and fundamental freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953...
(ECHR). In this hearing, the court also heard arguments from a group of European business people who argued that the ban restricted European law for the free movement of services. The High Court, in Summer 2005, rejected both cases, as did the Court of Appeal in March 2006 and the House of Lords in November 2007.
The Parliamentary Middle Way group
The Parliamentary Middle Way Group was formed by three Members of Parliament from the three main Political Parties to represent, in Parliament, those who favoured a 'Middle Way' - that is a solution somewhere between a total ban and maintaining the status quo.The Parliamentary Middle Way group favours the continuation of hunting under a strict licensing scheme managed by a statutory authority; they argue for this position on both animal welfare and civil liberties grounds. They state that each hunt should apply for a licence to and show that their method of quarry control involves less suffering than any alternative method.
They have commissioned research into The Welfare Aspects of Shooting Foxes, showing the wounding rates caused by different types of fox-control with guns.
Updates
Since the ban came into force, hunts continue to meet. On the whole, the majority have claimed to hunt within the law, but anti-hunting groups such as the League Against Cruel SportsLeague Against Cruel Sports
The League Against Cruel Sports are an animal welfare organisation that campaigns against all blood sports including bull fighting, fox hunting and hare coursing. It also campaigns to ban the manufacture, sale and use of snares, for the regulation of greyhound racing and for an end to commercial...
say that a minority of some hunts are breaking the law and now have a self styled role as hunt monitors. In 2007, the terrierman of the Flinth & Denbigh foxhounds was convicted for a breach of the Hunting Act. Both sides of the hunting debate continue to hold and demonstrate their strong views.
Protection of Wild Mammals (Scotland) Act
In February 2002 the Devolved Scottish ParliamentScottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
voted by eighty three to thirty six to pass legislation to ban hunting with dogs. MSP
Member of the Scottish Parliament
Member of the Scottish Parliament is the title given to any one of the 129 individuals elected to serve in the Scottish Parliament.-Methods of Election:MSPs are elected in one of two ways:...
s decided not to give compensation to those whose livelihoods or businesses might suffer as a result of the ban. The Act came into effect on August 1, 2002. An article in the Guardian on 9 September 2004 reports that of the ten Scottish hunts, nine survived the ban, using the permitted exemption allowing them to use packs of hounds to flush foxes to guns (this is strongly opposed by people against hunting).
A number of convictions have taken place under the Act, two for people hunting foxes and ten for hare coursing
Hare coursing
Hare coursing is the pursuit of hares with greyhounds and other sighthounds, which chase the hare by sight and not by scent. It is a competitive sport, in which dogs are tested on their ability to run, overtake and turn a hare, rather than a form of hunting aiming at the capture of game. It has a...
. The only prosecution of a traditional fox hunt led to a not guilty verdict, but to a clarification of the law, with the sheriff saying that the activity of flushing foxes to guns "will require to be accompanied by realistic and one would expect, effective arrangements for the shooting of pest species. The use of what might be termed "token guns" or what was described by the Crown as paying lip service to the legislation is not available ... as a justification for the continuation of what was referred to in the evidence before me as traditional foxhunting." http://www.scotcourts.gov.uk/opinions/ADAMS.html
Two of the hunts have started training bloodhounds for drag hunting
Drag hunting
Drag hunting is a sport in which a group of dogs chase a scent that has been laid over a terrain before the hunt...
rather than the traditional methods.
There is controversy over the impact on the number of foxes killed by hunts. Hunts say that the number killed by hunts has doubled because shooting is more effective than chasing with dogs. However, sceptics challenge this, pointing out that the nine surviving hunts have lost more than half of their income and membership.
United Kingdom: Northern Ireland
Fox hunting in Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
would have been banned had the Foster
Michael John Foster
Michael John Foster was a British Labour Party politician, who was the Member of Parliament for Worcester from 1997 until 2010, and was the Parliamentary Under-Secretary of State at the Department for International Development....
Bill become law. However, by the time of subsequent hunting legislation in the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, the Northern Ireland Assembly
Northern Ireland Assembly
The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...
had been established and the hunting issue had been devolved to that body. A Hunting Bill was introduced into the Northern Ireland Assembly but rejected in December 2010.
United States
In the United States federal system, the agency primarily responsible for wildlife management is the United States Fish and Wildlife ServiceUnited States Fish and Wildlife Service
The United States Fish and Wildlife Service is a federal government agency within the United States Department of the Interior dedicated to the management of fish, wildlife, and natural habitats...
, a division of the United States Department of the Interior
United States Department of the Interior
The United States Department of the Interior is the United States federal executive department of the U.S. government responsible for the management and conservation of most federal land and natural resources, and the administration of programs relating to Native Americans, Alaska Natives, Native...
, a cabinet-level
United States Cabinet
The Cabinet of the United States is composed of the most senior appointed officers of the executive branch of the federal government of the United States, which are generally the heads of the federal executive departments...
division, whose director reports directly to the president. Within these federal guidelines, most hunting regulation for non-migratory species rests within wildlife or agricultural departments at the state level
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
. With fifty different states, this lends itself to a wide variety of diversity, especially for an activity such as fox hunting
Fox hunting
Fox hunting is an activity involving the tracking, chase, and sometimes killing of a fox, traditionally a red fox, by trained foxhounds or other scent hounds, and a group of followers led by a master of foxhounds, who follow the hounds on foot or on horseback.Fox hunting originated in its current...
, which is much less common in North America than in the United Kingdom. Much more common is the hunting of raccoon
Raccoon
Procyon is a genus of nocturnal mammals, comprising three species commonly known as raccoons, in the family Procyonidae. The most familiar species, the common raccoon , is often known simply as "the" raccoon, as the two other raccoon species in the genus are native only to the tropics and are...
s (Ursus lotor) with coonhound
Coonhound
A Coonhound is a type of scent hound and a member of the hound group.Coonhounds are an American style of hunting dog developed for the quarry and working conditions found in the United States. Coondogs are highly valued.-History:...
s, and where such hunting is practised, the two are often regulated similarly due to the method (which involves tracking or active pursuit by dogs).
The red fox is protected in every state in which it is present (all except Hawaii
Hawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
), in contrast to its status as vermin
Vermin
Vermin is a term applied to various animal species regarded by some as pests or nuisances and especially to those associated with the carrying of disease. Since the term is defined in relation to human activities, which species are included will vary from area to area and even person to person...
in the UK. It is variously classified as a furbearer, small game or predator in state hunting and trapping regulations. The open and closed hunting seasons for fox (both red and gray) also vary by state. Pursuit of red fox while in possession of a firearm requires a hunting license
Hunting license
A hunting license is a regulatory or legal mechanism to control recreational and sports hunting.Hunting may be regulated informally by "unwritten law", "self restraint", or "morality" and by laws "enforced by government authority."...
(or in some cases a trapping license) in all states, and is generally restricted to a specific season (typically the winter months). In some states (such as Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
) it is illegal to chase fox with dogs while in possession of a firearm, although it is legal to chase them otherwise.
In some western states the coyote
Coyote
The coyote , also known as the American jackal or the prairie wolf, is a species of canine found throughout North and Central America, ranging from Panama in the south, north through Mexico, the United States and Canada...
is an unprotected species, and there are no restrictions on the methods used in hunting them. In these areas Hunt Clubs often pursue coyote instead of fox.
See also
- Animal lawAnimal lawAnimal law is a combination of statutory and case law in which the nature—legal, social or biological—of nonhuman animals is an important factor. Animal law encompasses companion animals, wildlife, animals used in entertainment and animals raised for food and research...
- Animal welfareAnimal welfareAnimal welfare is the physical and psychological well-being of animals.The term animal welfare can also mean human concern for animal welfare or a position in a debate on animal ethics and animal rights...
- Conservation movementConservation movementThe conservation movement, also known as nature conservation, is a political, environmental and a social movement that seeks to protect natural resources including animal, fungus and plant species as well as their habitat for the future....
- FalconryFalconryFalconry is "the taking of wild quarry in its natural state and habitat by means of a trained raptor". There are two traditional terms used to describe a person involved in falconry: a falconer flies a falcon; an austringer flies a hawk or an eagle...
- Fox huntingFox huntingFox hunting is an activity involving the tracking, chase, and sometimes killing of a fox, traditionally a red fox, by trained foxhounds or other scent hounds, and a group of followers led by a master of foxhounds, who follow the hounds on foot or on horseback.Fox hunting originated in its current...
- HuntingHuntingHunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
- Wildlife managementWildlife managementWildlife management attempts to balance the needs of wildlife with the needs of people using the best available science. Wildlife management can include game keeping, wildlife conservation and pest control...
UK specific references
- Labour Party 1997 Manifesto http://www.labour-party.org.uk/manifestos/1997/1997-labour-manifesto.shtml
- Labour Party 2001 Manifesto http://www.labour-party.org.uk/manifestos/2001/2001-labour-manifesto.shtml
- Committee of Inquiry into Hunting with Dogs in England and Wales, "The Burns Inquiry" http://www.defra.gov.uk/rural/hunting/inquiry/index.htm
- Parliamentary Hansard (Record of Debate) Hunting Session 15 September 2004 http://www.publications.parliament.uk/pa/cm200304/cmhansrd/cm040915/debtext/40915-28.htm#40915-28_spnew11
External links
includes campaign groups, legislation, news and media, and polls- In Depth: The Ban on Hunting from BBC NewsBBC NewsBBC News is the department of the British Broadcasting Corporation responsible for the gathering and broadcasting of news and current affairs. The department is the world's largest broadcast news organisation and generates about 120 hours of radio and television output each day, as well as online...