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52-919: Game Licences Act 1860 The Hunting Act 2004 (c. 37) is an Act of the Parliament of the United Kingdom which bans the hunting of most wild mammals (notably foxes , deer , hares and mink ) 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. The Act came into force on 18 February 2005. The pursuit of foxes with hounds, other than to flush out to be shot, had been banned in Scotland two years earlier by

104-530: A free vote in Parliament on whether hunting with hounds should be banned." A new private member's bill, introduced by Michael Foster MP , received a second reading with 411 MPs voting in support, but failed due to lack of parliamentary time. The Burns Report in 2000 concluded that forms of fox hunting "seriously compromise the welfare of the fox", but (in line with its remit) did not draw any conclusion on whether hunting should be banned or should continue. In

156-468: A ban, licensed hunting, and self-regulation . The House of Commons voted for a banning bill and the House of Lords for self-regulation. The 2001 general election was then called and the bill ran out of parliamentary time. In what he described as an attempt to raise animal welfare standards at the same time, and as an alternative to legislation that specifically targeted hunting, Lord Donoughue proposed

208-526: A bird of prey to hunt the wild mammal." Such activity must be done on land which belongs to the hunter or which he has been given permission to use for the purpose. Many traditional hunts have bought birds of prey and say that they are using hounds to flush foxes to the bird of prey. Many experts, such as the Hawk Board, deny that any bird of prey can reasonably be used in the British countryside to kill

260-412: A competent person, and that each dog used in the hunt is kept under close control. The wild mammal must not have been released or allowed to escape for the purpose of being hunted. The hunting of an injured wild mammal is exempt, subject to these conditions: Act of Parliament A draft act of parliament is known as a bill . In other words, a bill is a proposed law that needs to be discussed in

312-402: A fox which has been flushed by (and is being chased by) a pack of hounds. If this view proves to be correct, then it is unlikely that such a use of dogs is lawful. Expert opinion on the limitations of flushing foxes to birds of prey will be available to advise courts considering such cases, when they are litigated. For now, the question of what is lawful remains to be determined. This exemption

364-609: A later debate in the House of Lords, the inquiry chairman, Lord Burns also stated that "Naturally, people ask whether we were implying that hunting is cruel... The short answer to that question is no. There was not sufficient verifiable evidence or data safely to reach views about cruelty. It is a complex area." Following the Burns inquiry, the Government introduced an 'options bill' which allowed each House of Parliament to choose between

416-579: A number of differences between the two Acts: The Scottish Act does not place a two dog limit on the flushing of a mammal to guns in order to shoot it; with respect to flushing foxes above ground to guns to shoot them, only the Scottish Act permits this to be done to protect game birds; with respect to flushing foxes below ground to guns to shoot them, only the Scottish Act permits this to be done to protect livestock. The Scottish Act allows someone convicted to be sentenced for up to six months in prison, there

468-598: A person is keeping or preserving for the purpose of their being shot." The stalker or person doing the flushing out must have written evidence that the land concerned belongs to him, or that he has been given permission to use it for the purpose, and must make the evidence immediately available for inspection by a constable who asks to see it. Only one dog can be used below ground at any time. Reasonable steps must be taken to ensure that Despite this, many fox hunts continue to use terriers regularly. Three people, not associated with hunts, have pleaded guilty to offences under

520-400: A rabbit but not a hare. You can flush a fox to guns with two dogs legally but if you use three it's an offence. You can flush a fox to a bird of prey with as many dogs as you like." Traditionally, in some upland areas, foxes were flushed by packs of dogs to be shot. Stalking and flushing out are exempt under the Act, subject to five conditions: Firstly, the stalking or flushing out is for

572-532: A series of evidence hearings in 2002, on 3 December 2002, DEFRA Minister of State for Rural Affairs Alun Michael introduced a bill which would have allowed some licensed hunting. In July 2003, by a majority of 208 in a free vote, the Commons passed an amendment proposed by Tony Banks to ban hunting entirely, but in October 2003 this was rejected by the House of Lords by a majority of 212. A bill identical to

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624-436: A series of visits to hunting events and held a number of evidence hearings. The committee did not seek "to address the ethical aspects of the subject". Following consultation with Lord Burns, Jack Straw MP appointed the following to membership of the committee: The League Against Cruel Sports criticised the appointment of several members with backgrounds related to hunting. The committee's most reported conclusion

676-579: A specific hunting ban. Animal welfare groups such as the League Against Cruel Sports criticised the Bill on two grounds. Firstly, they opposed the exemption in the Bill for activities undertaken "in accordance with an approved code of conduct". Secondly, they argued that, if an activity was inherently cruel, it should be deemed as such by Parliament, rather than prosecutors having to argue and prove cruelty in every court case. Following

728-895: A very important contribution to the control of foxes and involves less cruelty than most other methods of controlling them. It should therefore be allowed to continue." The select committee was unanimous in recommending no action on hunting, but it made proposals on the use of spring traps . Twice, in 1969 and in 1975, the House of Commons voted in favour of bills to ban hare coursing , but neither bill became law. Three further private member's bills were introduced by Kevin McNamara in 1992 (Wild Mammals (Protection) Bill), by Tony Banks in 1993 (Fox Hunting (Abolition) Bill), and by John McFall in 1995 (Wild Mammals (Protection) Bill)—all of which failed to go on to become law. The Protection of Wild Mammals (Scotland) Act 2002 made it unlawful to chase or deliberately kill mammals with dogs in 2002. There are

780-588: Is exempt from the Act if it falls within a class listed in Schedule 1, which may be amended by an Order made by the Secretary of State for the Environment . Schedule 1 of the Act specifies nine forms of hunting with dogs which are exempt, subject to conditions in each case: The Countryside Alliance has noted that "The Act makes it an offence to hunt a mouse with a dog but not a rat, you can legally hunt

832-423: Is for the hunting of a wild mammal which has escaped or been released from captivity, subject to these conditions: The activity must take place on land which belongs to the hunter, or on land which he has been given permission to use for the purpose, or with the authority of a constable. Reasonable steps must be taken to ensure that as soon as possible after being found the wild mammal is recaptured or shot dead by

884-401: Is known as a private member's bill . In territories with a multicameral parliament, most bills may be first introduced in any chamber. However, certain types of legislation are required, either by constitutional convention or by law, to be introduced into a specific chamber. For example, bills imposing a tax , or involving public expenditure , are introduced into the House of Commons in

936-457: Is more difficult to control a large number of hounds in dense woodland where this activity used to take place. This exemption was claimed by one stag hound pack in the Exmoor area. In an appeal judgment following the conviction of two stag hunt officials, the judge said that such hunting conducted primarily for recreation was unlawful. Hunting below ground often took place with terriers , and

988-697: Is no such power in the Hunting Act 2004. At the time of this bill fox hunting with hounds was "not practised or is largely banned" in Belgium, Denmark, Finland, Germany, Norway, Spain and Sweden, but was allowed in Australia, Canada, France, India, Ireland, Italy, Russia and the USA. The Labour Party came to power in 1997 with a manifesto saying, "We will ensure greater protection for wildlife. We have advocated new measures to promote animal welfare , including

1040-471: Is no. There was not sufficient verifiable evidence or data safely to reach views about cruelty. It is a complex area." In a highly controversial subject area, the Burns Inquiry report was welcomed by both hunters and anti-hunting campaigners. Following the publication of the Burns Inquiry report, the Government introduced an "options bill" which allowed each House of Parliament to choose between

1092-448: Is passed by Parliament it becomes an act and part of statute law. There are two types of bill and act, public and private . Public acts apply to the whole of the UK or a number of its constituent countries – England, Scotland, Wales and Northern Ireland. Private acts are local and personal in their effect, giving special powers to bodies such as local authorities or making exceptions to

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1144-407: The Parliament of England did not originally have titles, and could only be formally cited by reference to the parliamentary session in which they were passed, with each individual act being identified by year and chapter number. Descriptive titles began to be added to the enrolled acts by the official clerks, as a reference aid; over time, titles came to be included within the text of each bill. Since

1196-646: The Parliament of India , every bill passes through following stages before it becomes an Act of Parliament of India : In the Irish Parliament, the Oireachtas , bills pass through the following stages. Bills may be initiated in either the Dáil or the Seanad, and must pass both houses. In New Zealand, the bill passes through the following stages: A draft piece of legislation is called a bill ; when this

1248-859: The Protection of Wild Mammals (Scotland) Act 2002 . Such hunting remains permitted by the law in Northern Ireland , where the Act does not apply. Several UK laws on animal welfare, such as the Protection of Animals Act 1911 , the Protection of Badgers Act 1992 and the Wild Mammals (Protection) Act 1996 contained specific exemptions for hunting activities, thereby preventing prosecutions of other hunts activities that might otherwise have been considered cruel. Many earlier attempts had been made to ban hunting. Two private member's bills to ban, or restrict, hunting were introduced in 1949, but one

1300-507: The head of state . In some countries, such as in France, Belgium, Luxembourg , Spain and Portugal, the term for a bill differs depending on whether it is initiated by the government (when it is known as a "draft"), or by the parliament (a "proposition", i.e., a private member's bill). In Australia, the bill passes through the following stages: In Canada, the bill passes through the following stages: The committee considers each clause of

1352-664: The 43rd act passed in 1980 would be 1980 chapter 43. The full reference includes the (short) title and would be the Magistrate's Court Act 1980 (c. 43). Until the 1980s, acts of the Australian state of Victoria were numbered in a continuous sequence from 1857; thus the Age of Majority Act 1977 was No. 9075 of 1977. Burns Inquiry The Burns Inquiry (or Committee of Inquiry into Hunting with Dogs in England and Wales)

1404-467: The Act outlaws hunting with terriers, apart from a narrowly drawn exemption, described by the Minister, Alun Michael MP, as existing "for gamekeepers ". The use of one such dog is exempt, but only in the course of stalking or flushing out, and in accordance with four conditions. The activity must be carried out "for the purpose of preventing or reducing serious damage to gamebirds or wild birds which

1456-511: The House of Commons, or S- if they originate in the Senate. For example, Bill C-250 was a private member's bill introduced in the House. Bills C-1 and S-1 are pro forma bills, and are introduced at the beginning of each session in order to assert the right of each Chamber to manage its own affairs. They are introduced and read a first time, and then are dropped from the Order Paper . In

1508-422: The Hunting Act 2004 for hunting with terriers and a fourth was found guilty after a trial. In enacting the Hunting Act, parliament accepted the view that the hunting of rats and rabbits is legitimate, as they are pests. Parliament did not believe there was any necessity to use dogs to hunt mice, so provided no such exemption. The hunting of rats and rabbits is exempt only if it takes place on land which belongs to

1560-474: The United Kingdom, Canada's House of Commons , Lok Sabha of India and Ireland's Dáil as a matter of law. Conversely, bills proposed by the Law Commission and consolidation bills traditionally start in the House of Lords . Once introduced, a bill must go through a number of stages before it can become law. In theory, this allows the bill's provisions to be debated in detail, and for amendments to

1612-411: The Wild Mammals (Protection) (Amendment) Bill. This would have made it the case that "any person who intentionally inflicts, or causes or procures, unnecessary suffering on or to any wild mammal shall be guilty of an offence." A matching Bill was introduced in the Commons with the support of The Middle Way Group (see below). Both bills failed to become law as they were blocked by Labour members who wanted

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1664-637: The Yorkshire Greyhound Field Trialling Club, the District Judge in Scarborough magistrates court clarified that the club was mistaken in believing that because the dogs they had been using were muzzled , the practice was lawful. In making falconry an exempt form of hunting, the Act lays down two conditions. "Flushing a wild mammal from cover is exempt hunting if undertaken for the purpose of enabling

1716-453: The bill, and may make amendments to it. Significant amendments may be made at the committee stage. In some cases, whole groups of clauses are inserted or removed. However, if the Government holds a majority, almost all the amendments which are agreed to in committee will have been tabled by the Government to correct deficiencies in the bill or to enact changes to policy made since the bill was introduced (or, in some cases, to import material which

1768-742: The clause stand part of the bill are made. In the Report stage, the debate is on the motions for specific amendments. Once a bill has passed both Houses in an identical form, it is presented to the Governor General , who gives it royal assent . Although the Governor General can refuse to assent a bill, this power has never been exercised. Bills being reviewed by Parliament are assigned numbers: 2 to 200 for government bills, 201 to 1000 for private member's bills , and 1001 up for private bills . They are preceded by C- if they originate in

1820-540: The days of the Parliamentary session, the Lords again insisted on its amendments to the main Bill. In the Commons, the Government's last-ditch attempt to compromise on a delay until 31 July 2007 won the support of only 46 MPs, although the delay until 2006 was inserted in the Bill. The Lords, who would have had to have accepted the Commons' other amendments (including the principle of a ban on hunting) and dues, rejected

1872-628: The hunter, or which he has been given permission to use for the purpose by the occupier or (if unoccupied) by an owner. The hunting of a hare which has been shot is exempt if it takes place on land which belongs to the hunter, or which he has been given permission to use for the purpose. In a private prosecution under the Act brought by the International Fund for Animal Welfare (IFAW) who had observed two hare coursing events in villages near Malton, North Yorkshire in March 2007 organised by

1924-690: The law in particular geographic areas. In the United Kingdom Parliament, each bill passes through the following stages: In the Scottish Parliament, bills pass through the following stages: There are special procedures for emergency bills, member's bills (similar to private member's bills in the UK Parliament), committee bills, and private bills. In Singapore, the bill passes through these certain stages before becoming into an Act of Parliament. Acts passed by

1976-499: The mid-nineteenth century, it has also become common practice for acts to have a short title , as a convenient alternative to the sometimes lengthy main titles. The Short Titles Act 1892 , and its replacement the Short Titles Act 1896 , gave short titles to many acts which previously lacked them. The numerical citation of acts has also changed over time. The original method was based on the regnal year (or years) in which

2028-423: The one passed by the House of Commons in 2003 was reintroduced to the Commons on 9 September 2004. On 15 September 2004, the day of the final vote ( third reading ) on the bill, two protesters staged the first invasion of the House of Commons chamber since King Charles I in 1641. The protesters were quickly removed by Parliamentary officials, but the incident led to a review of parliamentary security, given that it

2080-422: The original bill to also be introduced, debated, and agreed to. In bicameral parliaments, a bill that has been approved by the chamber into which it was introduced then sends the bill to the other chamber. Broadly speaking, each chamber must separately agree to the same version of the bill. Finally, the approved bill receives assent; in most territories this is merely a formality and is often a function exercised by

2132-446: The parliament before it can become a law. In territories with a Westminster system , most bills that have any possibility of becoming law are introduced into parliament by the government. This will usually happen following the publication of a " white paper ", setting out the issues and the way in which the proposed new law is intended to deal with them. A bill may also be introduced into parliament without formal government backing; this

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2184-570: The proposal by 153 to 114. With the Lords and Commons unable to come to agreement by the end of the Parliamentary year the Speaker of the House of Commons , Michael Martin , invoked the Parliament Acts 1911 and 1949 , an infrequently used legislative device that allows the Commons to overrule the Lords where agreement can not be reached. The Hunting Act was only the seventh statute since 1911 enacted using these provisions. The House of Lords

2236-457: The purpose of preventing or reducing serious damage which the wild mammal would otherwise cause to livestock, to game birds or wild birds, to food for livestock, to crops, to growing timber, to fisheries, to other property, or to biological diversity; or for obtaining meat for human or animal consumption; or for participation in a field trial competition in which dogs flush animals out of cover and/or retrieve animals that have been shot. Secondly,

2288-415: The relevant parliamentary session met. This has been replaced in most territories by simple reference to the calendar year, with the first act passed being chapter 1, and so on. In the United Kingdom, legislation has referenced by year and chapter number since 1963 ( Acts of Parliament Numbering and Citation Act 1962 ). Each act is numbered consecutively based on the date it received royal assent, for example

2340-410: The stalking or flushing out must take place on land which belongs to the person doing the stalking or flushing out or which he has been given permission to use for the purpose. Thirdly, only one or two dogs may be used. Fourthly, the use of a dog below ground is limited as in the next section. Fifthly, reasonable steps must be taken to ensure that as soon as possible after being found or flushed out,

2392-497: The wild mammal is shot dead by a competent person, and that each dog used is kept under sufficiently close control to ensure that it does not obstruct the prevention or reduction of serious damage. Flushing to guns is still permitted in Scotland under the Protection of Wild Mammals (Scotland) Act 2002. However MPs, in making law for England and Wales, decided that this activity did result in unnecessary suffering, not least because it

2444-499: Was a Government committee set up to examine the facts in the debate in the United Kingdom about hunting with hounds. In December 1999, the then Home Secretary , Rt. Hon. Jack Straw MP, announced the establishment of a Government inquiry into hunting with dogs, to be chaired by the retired senior civil servant Lord Burns . Its terms of reference were: The committee commissioned a range of scientific research , undertook

2496-443: Was criticised for undemocratically blocking the legislation; however, other newspapers and broadcasters condemned Tony Blair 's Labour administration for giving in to what they perceived as the prejudicial views of anti-hunting Labour backbenchers. The act came into force on 18 February 2005, three calendar months after it received royal assent. The Act exempts some limited forms of hunting believed to be necessary. Hunting with dogs

2548-504: Was not ready when the bill was presented). The debate on each stage is actually debate on a specific motion. For the first reading, there is no debate. For the second reading, the motion is "That this bill be now read a second time and be referred to [name of committee]" and for third reading "That this bill be now read a third time and pass." In the Committee stage, each clause is called and motions for amendments to these clauses, or that

2600-420: Was that hunting with dogs "seriously compromises" the welfare of the quarry species. In line with its remit, the committee did not, however, draw any conclusion on whether hunting should be banned or should continue. In a later debate in the House of Lords, the inquiry chairman, Lord Burns , also stated that "Naturally, people ask whether we were implying that hunting is cruel... The short answer to that question

2652-540: Was the second breach of the security of the chamber in four months ( Fathers 4 Justice activists had thrown purple flour in the Commons four months earlier). Simultaneously, a demonstration of between 8,000 and 10,000 people, including protesters from the Countryside Alliance filled Parliament Square outside. Later, John Holliday wrote for the Guardian an essay on his actions. On 17 November, on one of

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2704-449: Was withdrawn and the other defeated on its second reading in the House of Commons . The Labour government appointed a Select Committee on Cruelty to Wild Animals, chaired by John Scott-Henderson KC , to investigate all forms of hunting, and it published a report in 1951. Opponents of hunting claimed that the membership of the committee had been chosen to produce a pro-hunting report. The inquiry reported its view that " Fox hunting makes

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