Hunting

Rachael Maskell Excerpts

Monday 25th April 2022 Westminster Hall

[Rachael Maskell (York Central) (Lab/Co-op)]

Thank you, Mr Mundell, for being in the Chair for this important debate. I thank the Petitions Committee and its Chair for ensuring that this matter can be debated in the Chamber. I also thank the hundreds of my constituents in York Central who have signed the petitions before us. They are exceptional at demanding higher protections for animals, not least in respect of foxes savaged by hunts and hare coursing. I have long campaigned to uphold animal welfare standards, and today is no exception. I thank the League Against Cruel Sports and Keep The Ban for their tireless work in exposing this offensive pursuit.

The Hunting Act 2004 should have been the end. Back then, the Labour Government responded to the popular demand to end hunting with hounds. We acted to end this animal cruelty, but the bugles and beagles were not silenced for long. The hunts, of which there were nearly 300 in England and Wales, were not deterred by the penalty system, and it now appears that they were never intended to be. They were soon riding again, under the smokescreen of trail hunting, which was designed to put those investigating the hunts off their scent. The hunts never intended to stop; they said as much when the legislation passed.

The saboteurs and organisations such as the League Against Cruel Sports and Keep The Ban have exposed how terriermen were present at 78% of hunts. Those are the people who dig out foxes as they seek refuge. If the fox is not going to be killed, there is no need to dig it out. In 2020, evidence came to light from the leaked Hunting Office report and Masters of Foxhounds Association report of online Zoom webinars, exposing how hunts were making meticulous plans to use the 2004 Act to deflect from this bloodthirsty obsession.

I am glad that some landowners have responded, and I call on all landowners to institute a ban on their land. There has been only one prosecution for permitting a hunt on land that was known to be in breach of the law. While there are temporary suspensions, such as those by Forestry England and the National Trust, they must become bans. The Ministry of Defence has still issued licences. I call on the Minister to ensure that the Government come to one position on this issue. She must ensure that there is a consistent ban on any public land being used for hunts. I hope she will commit to that today in her response.

The 2004 Act has resulted in 448 prosecutions and 228 convictions for crimes involving hunting with dogs, and 47 prosecutions and 16 convictions for hare coursing. However, without a complete ban on hunting, foxes and hares will be targeted. Although Mr Hankinson, a director of the Masters of Foxhounds Association, was convicted last October after being found guilty of encouraging and assisting people to evade the ban on foxhunting, the deterrents are insufficient and the law continues to be broken. I also understand that on 6 July Mr Hankinson will be appealing the decision against him.

[Sir Robert Goodwill (Scarborough and Whitby) (Con)]

I thank the hon. Lady for giving way; she is my co-conspirator on bringing Great British Railways to York for its headquarters. Does she agree that it is possible—perfectly possible—and reasonable to hunt within the law, using trail hunting, and that therefore, although we condemn a situation in which the law has been broken, it is possible to carry out this activity within the law and indeed the legislation allows for that?

[Rachael Maskell]

I thank the right hon. Gentleman for bringing that point forward. I would have said yes in 2004, but trust has been betrayed, which is an issue I will come on to later. Therefore, I would have to say today that the answer is no.

I was speaking about the judgment regarding Mr Hankinson. I appreciate that this matter could be sub judice, but I just want to draw Members’ attention today to what Deputy Chief Magistrate Tan Ikram said when he was outlining his conclusions in the initial court case last autumn:

“I am sure that the defendant through his words was giving advice on how to illegally hunt with dogs. In my judgement he was clearly encouraging the mirage of trail laying to act as cover for illegal hunting.”

For that, Mr Hankinson received a fine of £1,000, along with having to make a contribution of £2,500 in legal costs.

As we have seen in other areas of law, penalties for breaches are insufficient for those who are part of the elite. During the cub-hunting autumn season alone, there were 115 reported incidents and 2019-20 saw a total of 485 reports of incidents. These incidents are not rare; they are occurring on an industrial scale.

The Countryside Alliance blames bad law, but the reality is that whether we like the law or not and whether it is good or bad, we have to have to obey it. That message is resounding in the public square at present. Lawbreakers cannot hide behind excuses but must face a penalty, although it is evident that the penalty is too soft, as they continuously and deliberately break the law, for all the weaknesses that may be within it.

Hunts have betrayed the trust placed in them to stay within the spirit and letter of the law and stay away from foxes, so the law must change and a complete ban on trail hunting must ensue. There must be no exemptions, no loopholes and no excuses. The hunts have only themselves to blame for this, having tried to bend and stretch the law.

[Sir Robert Goodwill]

The hon. Lady is being very generous in giving way again. Does she agree that if she had her way, then—given that foxhounds do not make good family pets—thousands of foxhounds up and down the country would have to be destroyed humanely, because the hunts could not afford to keep them if they did not have their participation in the trail hunting?

[Rachael Maskell]

I hear what the right hon. Gentleman is saying and, as I said previously, we are in this situation because trust has been betrayed. I do not accept that those hounds have to be put down. However, we have to move forward. We are now at the point where people have deliberately obfuscated the law and I think the time has come when we cannot tolerate people—quite frankly—laughing at this place, which has really tried to improve the situation and move forward by giving that scope and flexibility for trail hunting. However, as we see time and again, trail hunting turns into real hunting and therefore I cannot agree with the right hon. Gentleman.

With 85% of the population believing that all forms of hunting foxes should be illegal, Parliament cannot stand by when the loopholes in the legislation are being exploited to perpetrate wildlife crime. The Hunting Act 2004 needs amending and those who stand in its way must be brought to account. If Natural Resources Wales has introduced a ban on its land, there is no excuse for the Minister. She needs to ensure that she is leading, not waiting for the hunt lobby to craft more reasons for delay, dither and indecision.

However, this is about not just foxes, but hares. The League Against Cruel Sports found that in 2019-20, there were 102 reports of suspected illegal interference with badger setts, animal worrying—an issue that has been debated of late in Parliament—and even pet interference. The second petition before us today concerns Mini the cat, who was literally hounded to death—chased and killed in a quiet residential area. Poor Mini was mauled outside her home, but the penalty under the Dangerous Dogs Act 1991 was just £1,600. After the kill, the hunt tried to hide their cruelty by slinging little Mini over a fence, but they were caught. This very day, John Sampson, the person responsible for the death of Mini, has had his guilty conviction upheld in the courts in Truro. The nation has taken Mini to their hearts, and are demanding Mini’s law—the public and animal safety Bill—as there has to be a simpler course to justice. Sadly, Mini was not a one-off: on average, another Mini is taken by hunts every fortnight.

People are also endangered. Banning hunts from residential and other public areas is necessary, which is why I believe a blanket ban by Government will increase the consistency of protection. Currently, the Dogs Act 1871 is relied on, but proof needs to come to light that the hounds were out of control, which is no easy thing to evidence. As we bring forward legislation, we need to ensure it is easy to apply, and to provide the necessary evidence. We are coming to the end of this parliamentary Session, after which a new one will begin. Banning trail hunting and hunting on public land and in residential areas would show a commitment to animal wellbeing and protect those most majestic of all animals, foxes. A simple and small amendment to the Hunting Act 2004 is all that is required. We stand ready to bring in this ban and end this barbarism once and for all.

[David Mundell (in the Chair)]

As the hon. Lady set out, the appeal that I referenced at the beginning of this debate has been concluded, and therefore that case is no longer sub judice for the purpose of the debate. I call Sir Bill Wiggin.

--- Later in debate ---

[Rebecca Pow]

I will pick up where I left off, rather than going right back to the beginning of my speech. I had just got on to what trail hunting is and was explaining that it is a legal recreational activity, following a pre-laid trail. As it should not involve pursuing live quarry, it is not specifically covered by the Hunting Act.

We recognise that it is possible that dogs used for trail hunting may occasionally pick up and follow the scent of live foxes during a trail hunt. If that occurs, it is the responsibility of the hunt staff to control their hounds—and, if necessary, stop the hounds—as soon as they are made aware that the hounds are no longer following the trail that has been laid. I think it was clearly stated by Members on both sides of the Chamber that there are over 300 hunts in this country, and many of them are involved in the completely legal recreational activity of trail hunting.

[Rachael Maskell]

I am grateful to the Minister for giving way. I just wonder if she could explain why, if there is not an intention to bait a fox in trail hunting, as she said, there are terriermen who join those hunts and use their tools to dig out foxes?

[Rebecca Pow]

I thank the hon. Lady for that intervention, but I will just reiterate what I said: there are parameters for what trail hunting is; it is a legal recreational activity, and it must be carried out in the right way. The data that we have received suggests that it is being carried out in the right way; where it is not, it obviously needs to be cracked down on. That is not the Government’s job; it is the job of the police.

Issuing a licence or giving permission for trail hunting is an operational matter for the landowner; the Department for Environment, Food and Rural Affairs does not play a role. Although it is called licensing, it is really an arrangement with the landowner and the hunt; the landowner comes to their own arrangement as to whether they want the hunt to proceed over their land. Different public sector landowners take different approaches to managing their land. That said, of course, other DEFRA Ministers and I continue to engage with interested parties through meetings and correspondence, and we obviously listen to everybody’s views and discuss matters of concern.

The first petition mentioned today relates to the Forestry Commission in England. Trail hunting in the nation’s forests was suspended by Forestry England following a police investigation leading to the conviction of a former director of the Masters of Foxhounds Association. It remains suspended until the Forestry England board takes a decision on its future, which is for that board to do.

--- Later in debate ---

[Rachael Maskell]

In my contribution, I posed the question of why Forestry England has imposed this temporary ban but the MOD has not. There appears to be inconsistency across the public estate as to whether hunts have access, and I wondered whether the Minister could clear up that matter.

[Rebecca Pow]

I do not think it is a matter of me clearing it up. It is within the gift of these organisations to decide whether or not they want to come to arrangements with hunts, and Forestry England has obviously suspended this activity—as have a number of other organisations, such as the National Trust and the Malvern Hills Trust—and will be looking into it. Quite a range of people have decided to take that action.

I will now turn to the second petition we are considering today, which relates to the distressing incident in Cornwall concerning Mini, a rescue cat of 14 years. I am an owner of two cats, and I do not know how I would survive without them, so I can understand how awfully upsetting and emotional this incident was.

The Government are committed to the highest standards of animal welfare, and clearly many people in this country support the direction we are taking on animal welfare. We published our action plan for animal welfare in May 2021, which lays out the breadth of animal and conservation reforms—both legislative and non-legislative —that the Government are taking forward to ensure high standards of welfare for all animals, whether farm animals, pets or wild animals.

The passing of the Animal Welfare (Sentencing) Act 2021 delivered on the Government’s manifesto commitment to introduce tougher penalties for animal cruelty. The Act’s new maximum sentence of five years’ imprisonment and/or an unlimited fine will apply to animal cruelty offences, including causing unnecessary suffering, and is a significant step forward in improving animal welfare. The Act has received overwhelming support. Indeed, I worked on these issues as a Back Bencher, and many Members present have been working on them for many years, so I am really proud that they have now come through in our manifesto commitment and in legislation.

I fully understand the upset and anger felt by Mini’s owners at this awful incident. I understand that the hounds involved in the incident were being exercised—we have hounds going through our village regularly on exactly the same kind of outing, to give them exercise—and were not hunting at the time. There are already several pieces of legislation that can be used to prevent such incidents and to protect the public and companion animals from dogs. The Dangerous Dogs Act 1991 makes it an offence to allow any dog to be dangerously out of control in any place; there is the possibility of unlimited fines, or even imprisonment, for offences under that Act. In addition, the Anti-social Behaviour, Crime and Policing Act 2014 includes community protection notices to enable the police and local authorities to tackle irresponsible dog ownership. Local authorities also have powers to make public space protection orders under the 2014 Act to exclude dogs from certain areas or insist that they are kept on leads.

[Rachael Maskell]

I want to draw attention to today’s ruling, because it is a landmark one: I understand that this is the first time a conviction has happened under the Dangerous Dogs Act where a dog has attacked another animal. Does the Minister agree that it is important for the breadth of the Act to be brought into full force when such instances as the taking of Mini’s little life occur?

[Rebecca Pow]

The hon. Lady makes a valid point. Yes, today—we are allowed to speak about it now, Mr Mundell, are we not?—the appeal was refused. Judge Simon Carr said:

“It is a fact specific decision we are quite sure these dogs were dangerously out of control and in these circumstances the appeal against conviction is refused.”

That is very strong, as the hon. Lady said, and rightly so. I believe that the legislation has been used in the right way.

One other question was asked by the shadow Minister, the hon. Member for Newport West (Ruth Jones), which I think was about the potential review. In 2018, DEFRA was looking at the Hunting Act, but that was shelved. We now have a manifesto commitment not to amend the Act, which she is well aware of. We will not change our mind about that. A powerful statement about that was made by my hon. Friend the Member for North Herefordshire.