Hare Coursing

Debate between Gordon Henderson and Danny Kruger

Tuesday 1st December 2020 Westminster Hall

[Gordon Henderson]

My hon. Friend will be delighted to learn that I am about to come to that in my speech; he has pre-empted me somewhat.

In addition to the adverse effect of hare coursing on the hare population, there is a negative impact on the lives of farmers and landowners, who have to put up with all sorts of illegal acts, such as vandalism of property, theft, intimidation and the destruction of crops, with the consequential loss of income. Of course, those who take part in illegal hare coursing are also guilty of other crimes, such as road traffic offences—including the driving of unlicensed and uninsured vehicles—drug taking, the possession of firearms, and the illegal betting that I mentioned earlier.

I would like to tell the experience of one of my local farmers, a friend of mine. In October, just before harvest time, my friend discovered that vehicles had been driven on to one of his fields, leaving wheel marks and scuffs on the turns. He said that although the marks left by the wheels largely faded away, the scuff marks did not, and he lost crops at harvest, which meant a loss of income and earnings. It was not the first time that that had happened. My friend is not alone: many of my local farmers experience similar problems.

[Danny Kruger (Devizes) (Con)]

Other hon. Members have made the point that the old game laws need to be reformed to increase fines and the money that the courts can reclaim from those criminals. My hon. Friend mentions the impact of the damage on farmers. Farmers also have to invest quite significantly in defences against hare coursing, such as digging ditches and putting locks and bars on gates. Does he agree that it should be possible for councils or the police to recompense farmers for some of the costs that they incur in defending against illegal hare coursing if, as I hope he will mention, the courts can reclaim far more money from the criminals?

[Gordon Henderson]

My hon. Friend must have been reading my speech, because my very next paragraph explains that my farmer friend decided to dig ditches around his fields and install locked metal gates wherever he could. Even those sensible actions did not deter the criminals because, as my hon. Friend explained, they now come prepared with battery-powered disc cutters to cut off the padlocks or cut through the metal barriers to get to the fields and continue their hare coursing. How on earth are our hard-working farmers meant to earn a living in the face of these determined thugs who break down barriers to trespass on their land?

The behaviour described by that farmer is not that of opportunists, but well planned acts by people who are motivated by nothing more than greed and money. That is clear from the equipment they carry with them. They are prepared for breaking and entering, invading other people’s land, and causing long-term damage while they are there. That behaviour needs to be stamped out, but the available sentencing powers are insufficient to be a deterrent.

As Members of Parliament, we have a duty to our constituents and hard-working business owners to ensure that their firms are protected. Farmers are businesspeople. These callous acts of criminal damage would not be tolerated against any other business. Why should it be any different for farmers and landowners?

This year has proved challenging for lots of rural businesses, including farms, which have not escaped the pandemic and the resulting economic impact. Farms have also faced the worrying possibility of a no-deal Brexit. They do not need the additional threat posed by criminal gangs, who are increasingly targeting rural communities.

What can be done about hare coursing? The Crown Prosecution Service website admits that

“Hare coursing can cause significant disturbance in the countryside”,

as well as causing a lot of concern to people living in the wider rural community where the activity takes place. Those words are small comfort to farmers who believe that the “significant disturbance” is being ignored, as are the laws that have been put in place to protect them. As hon. Members have pointed out, three pieces of legislation cover the problems that farmers face.

First, section 30 of the Game Act 1831 includes two separate offences for trespassing during the day in search of game. Fines depend on the number of people involved: up to £1,000, or up to £2,500 if a group contains five or more people. Secondly, Section 1 of the Night Poaching Act 1828 sets out two separate offences: the first makes it illegal to go on someone else’s land unlawfully at night to take or destroy game, while the second makes it illegal to enter land unlawfully

“with any gun, net, engine, or other instrument, for the purpose of taking or destroying game”.

Someone caught committing those offences could be liable for a fine of up to £1,000. Finally, the Hunting Act 2004 outlaws activities associated with organised hunts.

Hare coursing, however, was an offence of its own long before the Hunting Act 2004 came into force. I share the view of the Nation Farmers Union and see no reason why the Hunting Act 2004 should have to be used to sort out this problem. Hare coursing is a much wider issue that should be treated in isolation, not in conjunction with the Act. Legal guidance from the Crown Prosecution Service says that more effective tools for prosecuting are either the Game Act 1831 or Night Poaching Act 1828, both of which I mentioned earlier. We have enough legislation to tackle hare coursing, but the problem is how the maximum penalties in those Acts are implemented: the truth is, not very well.

Rural crime, including hare coursing, has escalated in Kent in recent years and policing methods have had to adapt and change with the growing threat this now presents to rural communities. Officers in the Kent police rural taskforce do excellent work in tracking down the perpetrators of rural crime and building cases against them. However, they do not always receive the support they deserve because they are not always backed up by the rest of the justice system. For instance, the Crown Prosecution Service decides whether a crime is worth prosecuting and the courts decide what punishment should be meted out once prosecution goes ahead and somebody is found guilty.

Farmers and other people living in rural areas in my constituency want to see a toughening of the penalties imposed on those found guilty of rural crimes, as my hon. Friend the Member for Devizes (Danny Kruger) said, because the current penalties are simply not enough to discourage hare coursing criminals. The NFU released some research a couple of months ago that looked at the level of fines imposed on those found guilty of hare coursing. Between 2014 and 2018, the average fine under the Game Act 1831 was £227, when the maximum fine for offences under the Act is £1,000, or £2,500 if five or more offenders are involved. It cannot be right that the average fine imposed by the courts was just £227, and I am sure you would agree, Sir Christopher, that such a penalty is derisory.

As I mentioned, a lot of money is made from hare coursing. Sometimes hundreds of thousands of pounds is involved; surely nobody believes that such a small fine is going to put perpetrators off. Frankly, it is tantamount to a slap on the wrist. How can such risible fines be justified to farmers who, due to biosecurity concerns, may have to scrap tens of thousands of pounds worth of crops damaged by hare coursing? It is just adding insult to injury.

When the victims are brave enough to confront the trespassers—as some of the farmers in my constituency have in the past—they are met with threats of violence and untold amounts of verbal abuse, and it has to stop. We are a civilised nation that relies on its farmers, and we have to protect them from these thugs. They need Government support that they are currently not getting.

In the absence of that support, the NFU has this year worked with other farming business and rural wildlife organisations to create an alliance that aims to produce an action plan to end illegal hare coursing. This coalition believes that some simple changes to the Game Act 1831, together with better guidance for the judiciary when passing fines, would go some way to mitigate the worry, the disruption and the intimidation experienced. For instance, it has been suggested that the most powerful way to get through to the people committing those crimes is to seize their dogs, as my hon. Friend the Member for Strangford mentioned earlier. Currently, police forces are deterred from taking such action because the cost of keeping animals in kennels cannot be recovered from the offenders in the same way as it would be if dogs were seized for their own protection under the Animal Welfare Act 2006.

I understand that police fully support an amendment to the Game Act 1813 and Night Poaching Act 1828 along those lines. These are not controversial proposals, and, unusually, there is widespread agreement and an acknowledgement that something needs to be done as soon as possible. Why, then, have campaign groups been met with reluctance and hesitation by the Department for Environment, Food and Rural Affairs to take any of this forward?

These are issues that have been raised for many years and, sadly, these types of attacks on farming communities are nothing new. I have raised this subject before in a Westminster Hall debate. On that occasion, I read this letter from a constituent:

“Dear Sir,

The Isle of Sheppey has a population of over 36,000. During the summer this number is more than doubled. We have read in the local newspaper about yet another reorganisation, but the fact remains that police presence on the Island is inadequate.

On Saturday 2nd November…we had cause to phone 999 as there were four men with dogs coursing hares on our farm. Only one patrol was available. No criticism is intended or implied of the individual officer, but he had no realistic chance of apprehending four experienced criminals who were playing ‘cat and mouse’. With assistance from my husband they were caught, but yet again have got away with it.

This incident was not an isolated one. There have been six incidents here since September…We have witnessed them all and found numerous gates open on all six occasions. This is done deliberately so that the dogs have an unimpeded chase after the hares… we had twenty four incidents of this kind, all of which were reported. Some incidents were attended by the police and some were not. Of the twenty four incidents, arrests were made on only two occasions. In the first case the culprits received £250 fines and we are still waiting for the £15 victim cost.

In the second case the CPS abandoned the case only informing us the day before the hearing. This cost us money as we had already made arrangements for someone to care for our animals during our absence. The CPS claim there was insufficient evidence for the charge that was brought. Our view is that the case was dropped to save money. (It has been reported that the CPS drop 500 cases a week)…We are now in despair and have reached the stage where we may as well let these people have their fun without interruption.”—[Official Report, 9 April 2014; Vol. 579, c. 99WH.]

That Westminster Hall debate took place on Wednesday 9 April 2014. If my calculation is correct, that is six years and eight months ago, give or take a few days. Sadly, the woman who wrote that letter is no longer with us. She died a couple of years ago. The scandal of hare coursing, which filled her with such despair, remains.

I do not want to have to come back for a Westminster Hall debate on hare coursing in another six years, so I urge the Government to listen to my farming community, make the necessary changes to the law and, at the same time, vastly increase the maximum fines for what is a truly barbaric crime. The time for such action is long overdue.