Monday 25th April 2022

(2 years ago)

Westminster Hall
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Rachael Maskell Portrait Rachael Maskell (York Central) (Lab/Co-op)
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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.

Robert Goodwill Portrait Sir Robert Goodwill (Scarborough and Whitby) (Con)
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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 Portrait Rachael Maskell
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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.

Robert Goodwill Portrait Sir Robert Goodwill
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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 Portrait Rachael Maskell
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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.

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Rebecca Pow Portrait Rebecca Pow
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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.

Robert Goodwill Portrait Sir Robert Goodwill
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Does the Minister agree that it is rather ironic that the Labour party campaigned against the privatisation of the Forestry Commission because it wanted public access to its land, and now it is saying that people should not have access to that land to carry out a perfectly legal activity?

Rebecca Pow Portrait Rebecca Pow
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I thank my right hon. Friend for that comment. As ever, he is on the ball with his comments, as he was on the point about the 18,000 hounds that might have to be put down if the activity of hunting did not proceed.

I also want to touch on the comments made by my hon. Friend the Member for North Herefordshire, who spoke as a true countryman with a great deal of experience and knowledge. I think he said that he does not himself hunt—nor do I—but the expertise he brings to the table and his knowledge of rural affairs are very important when we are talking about these issues. I just wanted to put that on the record.

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Rebecca Pow Portrait Rebecca Pow
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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.

Robert Goodwill Portrait Sir Robert Goodwill
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No one has mentioned in the debate the important economic impact that legal hunting has in rural communities. The farriers, the horse breeders, the people who service the horse boxes—a whole variety of people—rely on legal hunting for their incomes and livelihoods. If we were to ban trail hunting more widely, people would be put out of work as a direct result.

Rebecca Pow Portrait Rebecca Pow
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I thank my right hon. Friend for that. We should not forget it. I used to be an environment correspondent down in the west country, and I was there during the full throes of all the debates about hunting. I did not know that much about the economic impacts when I started, but I certainly learned a great deal, particularly in places such as Exmoor, where there are not many other places to gain income. There is tourism, of course, but hunting has a big impact on tourism, with people having their horses in stabling, and all the catering, accommodation and everything else it brings. That is a valid point. It has to be operated. Legally, we have put in requirements for the safe operation of trail hunting and so forth. Carried out in the right way, hunting is still valuable to the rural economy. Similarly, a good point was made about the fact that the fallen stock from agriculture goes to the hounds. If that were not so, that would create a problem. There are so many possible knock-on effects.

I realise that there are strong views on every side— I thank all hon. Friends and hon. Members for their input, and I thank those who signed the petition—but there is a clear consensus that the ban on hunting with dogs must remain, and this Government have committed to not amending the Hunting Act. Forestry England has responded to breaches of its trail hunting permissions and, as I said, all trail hunting on its land is currently suspended. It is very much an operational matter for Forestry England to decide how it wants to proceed. It will do so shortly, at one of its meetings.

As I hope I have demonstrated, protection for members of the public and their companion animals is already covered by several appropriate pieces of legislation, including on dangerous dogs. Another interesting point was made: as I said, I have two cats and we have hounds exercising through our village, but one of my previous cats was killed by a car. My hon. Friend the Member for North Herefordshire raised the issue of the other awful incidents that can wipe out some of our pets.

I hope that I have made it clear that we have appropriate legislation to cover incidents in which dogs act dangerously. Those found guilty under such Acts are subject to the full force of the law, and rightly so.