Act of Parliament | |
Long title | An Act of the Scottish Parliament to protect wild mammals from being hunted with dogs; and for connected purposes. |
---|---|
Citation | 2002 asp 6 |
Introduced by | Mike Watson |
Territorial extent | Scotland |
Dates | |
Royal assent | 15 March 2002 |
Commencement | 1 August 2002 |
Repealed | 3 October 2023 |
Other legislation | |
Repealed by | Hunting with Dogs (Scotland) Act 2023 |
Relates to | Hunting Act 2004 |
Status: Repealed | |
Text of statute as originally enacted | |
Revised text of statute as amended |
The Protection of Wild Mammals (Scotland) Act was 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. It was repealed in 2023.
The bill was introduced into the Scottish Parliament in 1999 by Mike Watson MSP with support from SNP MSP Tricia Marwick. [1] In September 2001, the Scottish Parliament rejected a negative committee report [2] about the Bill from its Rural Development Committee and voted to support the general principles of the Bill. [3] On 13 February 2002 the Parliament voted by eighty-three to thirty-six to pass the legislation to ban hunting with dogs. [4] [5] MSPs decided not to give compensation to those whose livelihoods or businesses might suffer as a result of the ban. The Scottish Countryside Alliance attempted to block introduction of the legislation by taking their case to the Court of Session in Edinburgh, although their appeal was not successful and in July the Judge recognised the will of the Parliament on this issue. [6] The Act came into effect on 1 August 2002.
An article in The Guardian on 9 September 2004 reported 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 (an exemption strongly opposed by people against hunting). [7]
A number of convictions took 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 fox hunting." [8]
There is controversy over the impact on the number of foxes killed by hunts. Hunts said that the number killed by hunts doubled because shooting is more effective than chasing with dogs.
Following the ban, two new fox hunts started in Scotland, the Strathappin and the Dumfriesshire and Stewartry.
In December 2015, the Scottish Government announced that a review would be held that would look at legislation dealing with hunting with dogs, with the review to be led by Lord Bonomy. [9] In November 2016 a report was published with various recommendations, including making amendments to the law. [10]
The 2002 Act was repealed and replaced by the Hunting with Dogs (Scotland) Act 2023. [11] [12]
The beagle is a breed of small scent hound, similar in appearance to the much larger foxhound. The beagle was developed primarily for hunting hare, known as beagling. Possessing a great sense of smell and superior tracking instincts, the beagle is the primary breed used as a detection dog for prohibited agricultural imports and foodstuffs in quarantine around the world. The beagle is a popular pet due to its size, good temper, and a lack of inherited health problems.
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 meat 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.
Fox hunting is a traditional activity involving the tracking, chase and, if caught, the killing of a fox, normally 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.
Michael Goodall Watson, Baron Watson of Invergowrie, is a British Labour Party politician. He has served in two legislatures in the United Kingdom and served as Minister for Culture and Sport in the Scottish Executive Cabinet.
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.
Beagling is the hunting mainly of hares and also rabbits, by beagles by scent. A beagle pack is usually followed on foot, but in a few cases mounted. Beagling is often enjoyed by 'retired' fox hunters who have either sustained too many injuries or lost the agility to ride horseback, or who enjoy the outdoors and the camaraderie of the hunt. It is also traditionally a way for young men and women to learn how to handle hounds on a smaller scale before they go on to hunt with foxhounds.
Coursing by humans is the pursuit of game or other animals by dogs—chiefly greyhounds and other sighthounds—catching their prey by speed, running by sight, but not by scent. Coursing was a common hunting technique, practised by the nobility, the landed and wealthy, as well as by commoners with sighthounds and lurchers. In its oldest recorded form in the Western world, as described by Arrian – it was a sport practised by all levels of society and it remained the case until Carolingian period forest law appropriated hunting grounds, or commons, for the king, the nobility, and other land owners. It then became a formalised competition, specifically on hare in Britain, practised under rules, the Laws of the Leash.
The Hunting Act 2004 is an Act of the Parliament of the United Kingdom which bans the hunting of most wild mammals 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, nor does it affect drag hunting, where hounds are trained to follow an artificial scent.
Hare coursing is the pursuit of hares with greyhounds and other sighthounds, which chase the hare by sight, not by scent.
The Duke of Beaufort's Hunt, also called the Beaufort and Beaufort Hunt, is one of the oldest and largest of the fox hunting packs in England.
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.
The Berkeley Hunt is a foxhound pack in the west of England. Its country lies in the southern part of Gloucestershire, between Gloucester and Bristol.
In the United Kingdom, the term hunting with no qualification generally refers to hunting with hounds, e.g. normally fox hunting, stag (deer) hunting, beagling, or minkhunting, whereas shooting is the shooting of game birds. What is called deer hunting elsewhere is deer stalking. According to the British Association for Shooting and Conservation (BASC) over a million people a year participate in shooting, including stalking, shooting, hunting, clay shooting and target shooting. Firearm ownership is regulated in the UK by licensing. Provisions exist for those without a Firearm or Shotgun certificate to shoot under the supervision of a certificate holder.
Opposition to hunting is espoused by people or groups who object to the practice of hunting, often seeking anti-hunting legislation and sometimes taking on acts of civil disobedience, such as hunt sabotage. Anti-hunting laws, such as the English Hunting Act 2004, are generally distinguishable from conservation legislation like the American Marine Mammal Protection Act by whether they seek to reduce or prevent hunting for perceived cruelty-related reasons or to regulate hunting for conservation, although the boundaries of distinction are sometimes blurred in specific laws, for example when endangered animals are hunted.
The Quorn Hunt, usually called the Quorn, established in 1696, is one of the world's oldest fox hunting packs and claims to be the United Kingdom's most famous hunt. Its country is mostly in Leicestershire, together with some smaller areas of Nottinghamshire and Derbyshire.
The Cottesmore Hunt, which hunts mostly in Rutland, is one of the oldest foxhound packs in Britain. Its name comes from the village of Cottesmore where the hounds were kennelled.
Jackal coursing involves the pursuit of jackals with dogs.
Trail hunting is a legal, although controversial, alternative to hunting animals with hounds in Great Britain. A trail of animal urine is laid in advance of the 'hunt', and then tracked by the hound pack and a group of followers; on foot, horseback, or both.
In the United Kingdom, hunt monitors endeavour to observe behaviours of organized hunts and undertake information gathering activities, known as hunt monitoring.