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  4. MSPs seek more clarity over new hunting controls

MSPs seek more clarity over new hunting controls

28th September 2022 | criminal law | Environment , Criminal legal aid

Early clarification of the Hunting with Dogs (Scotland) Bill is needed in several areas, according to the committee of MSPs scrutinising the bill.

In its stage 1 report, the Rural Affairs, Islands & Natural Environment Committee agrees the general principles of the bill, which would replace the Protection of Wild Mammals (Scotland) Act 2002. Based on a review of the Act by retired judge Lord Bonomy, and subsequent consultations, the bill aims to make the law “easier to understand and to enforce” and to close loopholes to address widespread concerns that illegal hunting practices are still taking place.

Under the bill it would be an offence to hunt a wild mammal in Scotland using a dog, except in limited specified circumstances (such as to protect livestock and agricultural crops; to protect human health; environmental benefit; and for specified countryside sports) and if various conditions are met, such as a limit on the number of dogs. A licensing scheme is proposed which would allow the use of more dogs in certain situations.

The committee’s report identifies matters requiring further clarification, including:

  • the impact of including rabbits in the definition of wild mammal;
  • how a two dog limit for searching for, stalking or flushing wild mammals from cover above ground would work in practice;
  • how the proposed licensing scheme, which would permit the use of more than two dogs in certain situations, would work in practice;
  • how a one dog limit for searching or flushing foxes or mink from cover below ground would work effectively.

The report also notes the proposed ban on “trail hunting” – when a dog is used to find and follow an animal based scent. The Scottish Government believes this would prevent the practice being used as a cover for hunting wild mammals, should Parliament vote to make it an offence to hunt with more than two dogs.

An exception would allow training of up to two dogs to follow an animal based scent. Concerns were raised about the two dog limit as, currently, more than two dogs are trained at the one time. The committee asks the Scottish Government to address these concerns.

The committee has asked the Scottish Government to provide further information or clarification on the points raised ahead of the stage 1 debate on the principles of the bill.

Committee convener Finlay Carson MSP commented: “The bill aims to maintain the highest animal welfare standards whilst permitting predator control using dogs, where there is no alternative. But it became clear during our evidence taking that more information is needed to address the legitimate but polarised concerns expressed by many of the stakeholders.

“It’s important that we get this right in order to close the loopholes which have made it more difficult to enforce the 2002 foxhunting ban. I’d like to thank all stakeholders who took the time to give evidence during our inquiry.”

Read the committee’s report.

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