Editing Hunting Act 2004 (section)

==History==

===Background===
{{see also|Legislation on hunting with dogs}}
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.<ref>{{cite web|url=http://www.legislation.gov.uk/ukpga/1992/51/crossheading/exceptions-and-licences|title=Protection of Badgers Act 1992|website=www.legislation.gov.uk|access-date=22 January 2018}}</ref><ref>[http://www.legislation.gov.uk/ukpga/1996/3/section/2 The National Archives: "Wild Mammals (Protection) Act 1996: Section 2: Exceptions from offence under the Act.]"</ref><ref>{{cite web|url=https://www.theguardian.com/politics/homeaffairs/page/0,,650062,00.html|title=Timeline: attempts to ban hunting - Special Reports - guardian.co.uk Politics|website=[[The Guardian]]|access-date=22 January 2018}}</ref><ref>{{cite web|url=http://www.nwt.org.uk/node/2999|archive-url=https://web.archive.org/web/20150926065711/http://www.nwt.org.uk/node/2999|url-status=dead|archive-date=26 September 2015|title=Wild Mammals and the Law - Northumberland Wildlife Trust|website=www.nwt.org.uk|access-date=22 January 2018}}</ref>

Many earlier attempts had been made to ban hunting. Two [[private member's bill]]s to ban, or restrict, hunting were introduced in 1949, but one was withdrawn and the other defeated on its [[second reading]] in the [[British House of Commons|House of Commons]].<ref name="Tichelar">{{cite journal |url=http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=502052# |last=Tichelar |first=M. |year=2006 |title='Putting Animals into Politics: The Labour Party and Hunting in the First Half of the Twentieth Century |journal=Rural History |volume=17 |pages=213–234 |doi=10.1017/S0956793306001889 |issue=2|s2cid=145439733 |url-access=subscription }}</ref> The Labour government appointed a Select Committee on Cruelty to Wild Animals, chaired by John Scott-Henderson [[King's Counsel|KC]], to  investigate all forms of hunting, and it published a report in 1951.<ref>{{Cite book |first=J. Scott |last=Henderson|year=1951|title=Report of the Committee on Cruelty to Wild Animals}}</ref>  Opponents of hunting claimed that the membership of the committee had been chosen to produce a pro-hunting report.<ref name="Tichelar"/> The inquiry reported its view that "[[Fox hunting]] makes 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."<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/uk_politics/1846577.stm|publisher=BBC News|date=17 February 2005|access-date=19 February 2008|title=Timeline: Hunting row}}</ref> The select committee was unanimous in recommending no action on hunting, but it made proposals on the use of [[trapping#Foothold traps|spring traps]].<ref>{{cite book |first=Henry |last=Tegner |title=Wild Hares |location=London |publisher=John Baker |date=1969 |page=83}}</ref>

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 (politician)|Kevin McNamara]] in 1992 (Wild Mammals (Protection) Bill), by [[Tony Banks, Baron Stratford|Tony Banks]] in 1993 (Fox Hunting (Abolition) Bill), and by [[John McFall, Baron McFall of Alcluith|John McFall]] in 1995 (Wild Mammals (Protection) Bill)—all of which failed to go on to become law.<ref>{{cite web|url=http://www.justice.org.uk/images/pdfs/JamieFletcher.ExecutiveSovereigntyinourConstitution.pdf |last=Fletcher |first=J. |title=Executive Sovereignty in our Constitution |publisher=Justice |access-date=19 February 2008|archive-url=https://web.archive.org/web/20080228182044/http://www.justice.org.uk/images/pdfs/JamieFletcher.ExecutiveSovereigntyinourConstitution.pdf |archive-date=28 February 2008}}</ref>

The [[Protection of Wild Mammals (Scotland) Act 2002]] made it unlawful to chase or deliberately kill mammals with dogs in 2002. There are 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 is no such power in the Hunting Act 2004.<ref name="Scottish Act"/>

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,<ref name="burns">{{cite web|date=9 June 2000 |publisher=Her Majesty's Stationery Office |author1=Lord Burns |author2=Edwards, Victoria |author3=Marsh, John |author4=Lord Soulsby of Swaffham Prior |author5=Winter, Michael |title=The Final Report of the Committee of Inquiry into Hunting with Dogs in England and Wales |url=http://www.defra.gov.uk/rural/hunting/inquiry/mainsections/huntingreport.htm |access-date=10 February 2008 |archive-url=https://web.archive.org/web/20090410213249/http://www.defra.gov.uk/rural/hunting/inquiry/mainsections/huntingreport.htm |archive-date=10 April 2009}}</ref> but was allowed in Australia, Canada, France, India, Ireland, Italy, Russia and the USA.<ref name="BBC1">{{cite news|publisher=BBC News|title=Fox hunting worldwide|date=16 September 1999|access-date=2007-10-05|url=http://news.bbc.co.uk/1/hi/uk/428122.stm}}</ref>

===Drafting===
[[Labour Party (UK)|The Labour Party]] came to power in [[1997 United Kingdom general election|1997]] with a manifesto saying, "We will ensure greater protection for wildlife. We have advocated new measures to promote [[animal welfare]], including a [[free vote]] in Parliament on whether hunting with hounds should be banned."<ref>{{cite web|url=https://www.bbc.co.uk/election97/background/parties/manlab/8labmanhertrans.html |publisher=BBC |year=1997 |access-date=19 February 2008 |title=The Labour Party's Manifesto 1997 |archive-url=https://web.archive.org/web/20071220200028/http://www.bbc.co.uk/election97/background/parties/manlab/8labmanhertrans.html |archive-date=20 December 2007 }}</ref> A new private member's bill, introduced by [[Michael Foster (Worcester MP)|Michael Foster MP]], received a second reading with 411 MPs voting in support, but failed due to lack of parliamentary time.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/uk_politics/390091.stm|publisher=BBC|title=How hunting ban went to the dogs|date=9 July 1999|access-date=19 February 2008}}</ref> The [[Burns Inquiry|Burns Report]] in 2000 concluded that forms of fox hunting "seriously compromise the welfare of the fox",<ref name="burns"/> but (in line with its remit) did not draw any conclusion on whether hunting should be banned or should continue. In a later debate in the House of Lords, the inquiry chairman, [[Terence Burns, Baron Burns|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."<ref>{{cite web|url=https://publications.parliament.uk/pa/ld200001/ldhansrd/vo010312/text/10312-06.htm#10312-06_para26|title=Official Report, Lords|date=12 March 2001|access-date=19 February 2008|publisher=House of Lords|last=Burns |first=T.}}</ref> Following the Burns inquiry, the Government introduced an 'options bill' which allowed each House of Parliament to choose between a ban, licensed hunting, and [[Industry self-regulation|self-regulation]]. The [[British House of Commons|House of Commons]] voted for a banning bill and the [[House of Lords]] for self-regulation. The [[2001 United Kingdom general election|2001 general election]] was then called and the bill ran out of parliamentary time.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/uk_politics/1393104.stm|publisher=BBC|title=Hunt battle set to return|date=17 June 2001|access-date=19 February 2008}}</ref>

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 the Wild Mammals (Protection) (Amendment) Bill.<ref>[https://web.archive.org/web/20120805134859/http://www.parliament.the-stationery-office.co.uk/pa/ld200001/ldbills/023/2001023.htm Wild Mammals (Protection) (Amendment) Bill]</ref> 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 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 a series of evidence hearings in 2002,<ref>{{cite web|url=http://www.defra.gov.uk/rural/hunting/huntinghearings.htm |title=Hunting Hearings |publisher=Defra |date=10 December 2002 |access-date=19 February 2008 |archive-url=https://web.archive.org/web/20071113040740/http://www.defra.gov.uk/rural/hunting/huntinghearings.htm |archive-date=13 November 2007}}</ref> on 3 December 2002, [[Department for Environment, Food and Rural Affairs|DEFRA]] [[Parliamentary Under-Secretary of State for Growth and Rural Affairs|Minister of State for Rural Affairs]] [[Alun Michael]] introduced a bill which would have allowed some licensed hunting.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/uk_politics/2578151.stm|title=Hunting vote sparks angry scenes|publisher=BBC|date=17 December 2002|access-date=19 February 2008}}</ref> In July 2003, by a majority of 208 in a free vote, the Commons passed an amendment proposed by [[Tony Banks, Baron Stratford|Tony Banks]] to ban hunting entirely, but in October 2003 this was rejected by the House of Lords by a majority of 212.<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/uk_politics/3208776.stm|publisher=BBC|title=Lords rejects hunting ban|date=12 October 2003|access-date=19 February 2008}}</ref>