10th February 2000
Dear Lord Burns
The Company wishes to assist your Committee by making the following submission in answer to the questions raised in your letter of the 19th of January 2000 :-
The Badgworthy Land Company is a private limited company that was formed in 1926; the shares of the company are owned by a charitable trust, the Badgworthy Trust for the Preservation of Exmoor. The objects of the Trust are :-
To promote the protection of lands of ecological and scientific importance and buildings of beauty or historic interest within Exmoor National Park and to provide or assist in the provision of open space and other amenities for recreation within the Park for the benefit of the public and particularly the inhabitants of the National Park.
The Company was originally set up by a group of landowners and farmers concerned at the loss of habitat and the effect this might have on the red deer herd on Exmoor at a time when "The Hunting Debate" was first in the public domain. The Company is the largest private landowner within the Exmoor National Park, owning some 7,000 acres (2833 ha's). The majority of the land ownership comprises open moorland but also includes some 475 acres (193 ha's) of woodland and two traditional hill farms and small areas of improved pasture.
Within the Company’s ownership are such well known Exmoor sites as the Doone Country of Badgworthy, Snowdrop Valley at Cutcombe and Brendon and Lynton Commons. The whole of the Company’s land is designated as an Environmentally Sensitive Area (ESA) and most lies within Sites of Special Scientific Interest and designated Special Areas of Conservation. The Company is fortunate to own areas which are home to endangered species and of national importance, including Dormice, Butterflies (the Heath and High Brown Fritillaries), Merlins, Lichens and species with an uncertain future such as the Red Deer. The Company is active in the promotion of conservation measures working closely with English Nature and the Exmoor National Park Authority; works have included the limitation of the spread of Rhododendron Ponticum on open moorland, creation and preservation of habitat, steps to enhance the management of specific areas as well as supporting the welfare and proper management of particular species.
The Company has entered all its in-hand land into the ESA management schemes and encourages its tenants to do so, it has also actively assisted the graziers on its Commons to enter environmental management agreements. The Company's aim is to conserve the moorland through managed grazing and positive conservation management, while ensuring that the commoners are compensated for any limitations on their rights for the period of the agreement. The Company is pursuing better management of its woodland through Woodland Grant Schemes and where the principal concern is ecological rather than silvicultural, this management includes improved public access.
The Company has always supported public access on foot to its areas of moorland and upon paths through woodland. The Company is actively involved in access management and aims to balance the requirements of access seekers with other interests concerning its land; the Company works closely with the National Park Authority and its Rangers to ensure that as far as is possible all needs are met. Recently this has included the creation of new permissive paths upgrading, including works for disabled people’s access with Exmoor Paths Partnership.
As well as the ownership of land the Company owns many thousands of acres of Hunting Rights in the Greater Exmoor Area. These have been gifted by concerned farmers and landowners wishing to preserve hunting with hounds as the traditional method of deer and fox management.
The Company commends to you its answers to your questions as follows:-
Facts about hunting with dogs
1. What factual information do you have about hunting with dogs, including the organisation of hunting activities and the way those activities are carried out?
As stated in the preamble, the Company owns land outright and many thousands of acres of hunting rights. The Company licences recognised hunts including packs of Staghounds, Foxhounds, Harriers and Beagles to hunt over its land and land subject to hunting rights. The licensing is subject to the hunt being recognised, that is, being a part of the relevant association, such as The Masters of Foxhounds Association, Association of Masters of Harriers and Beagles or the Masters of Deerhounds Association.
The Licence is with the relevant hunt committee and is subject to regulation as follows:-
Rules under which Committees of recognised packs of hounds may exercise hunting rights belonging to the Badgworthy Land Company:
1. All hunting must be carried on in accordance with the rules of the appropriate Masters of Hounds Association for the time being in force and in accordance with any Codes of Conduct produced by them. All hunts must be recognised by the appropriate Association.
2. All hunts exercising the rights must have (as recommended by the appropriate Masters of Hounds Association) third party insurance cover and be prepared to produce evidence of the same to the Company.
3. Each hunt agrees to indemnify the Company against all actions proceedings costs claims or demands arising by or out of the exercise of the Company's hunting rights and agrees to notify the Company of all or any potential actions proceedings costs claims or demands.
4. Each hunt shall take responsibility for compensating a landowner or occupier whose property is damaged by the activities of the hunt or its followers.
5. Each committee shall take responsibility for the conduct of its followers.
6. The Company may from time to time notify each or any hunt that it may vary the areas where hunting is permitted or exclude hunting from certain areas for agricultural forestry environmental or erosion works purposes.
7. Permission to hunt may be withdrawn by the Company at any time without reasons being stated.
Any complaints arising about the conduct of any hunts are treated seriously by the Company. We do not as a general rule intervene in disputes between Licenced hunts and occupiers.
There is therefore regulation and a code of conduct as to the organisation of and carrying out of hunting activities.
Rural Economy
2.What evidence is there as to the importance or otherwise of hunting with dogs to the rural economy in general and/or to particular areas of England and Wales?
We have not carried out a study of the importance to the rural economy of our area, but we are aware of the study carried out by The Royal Agricultural College and of the Endangered Exmoor organisation. We are aware that in the Exmoor area particularly hunting does play an important role in the local economy both directly and indirectly.
3.What evidence is there about the likely impact on the rural economy if hunting with dogs was banned completely?
All evidence suggests that the impact of a complete ban would be substantial both in terms of jobs lost and revenue foregone. We believe these losses would be of great significance because of the relative lack of alternative employment and revenue creating options in this area. The evidence of the Savage Enquiry and the survey carried out on behalf of the West Somerset District Council appear to confirm this.
4. To what extent could any detrimental consequences of a ban be offset by greater participation in drag or bloodhound hunting or other activities or by other measures?
As a Company we could not licence drag hunts under the auspices of our ownership of hunting rights, we could of course allow drag hunting over land in our ownership. However draghunting is not a viable alternative for a number of reasons including :-
1. Draghunting is not suited to the open moorland of Exmoor.
2. Draghunting could not be carried on at the same level or intensity as the various hunts at present; there would be, perhaps, room for a single drag hunt in the Greater Exmoor Area. There would therefore be a significant loss of jobs and economic loss.
3. Draghunting lacks the spectator appeal of hunting. Car and foot follower numbers would be reduced with consequential economic loss.
4. Draghunting is unlikely to be tolerated by landowners or occupiers who would not receive the benefit of deer and fox management or the same level of support services currently provided by hunting.
5. Draghunting is unlikely to be tolerated because the pattern of temporary damage would be different from that currently seen with hunting. Draghunting exerts a greater pressure of numbers along the line of the drag as opposed to followers taking their own line hunting, with its wider but less severe pattern of temporary damage. Damage by hunting is generally temporary because of the timing of seasons and the high levels of rainfall in this area.
We believe that, while draghunting could offset a small part of the predicted economic loss, it does not represent a viable alternative to hunting as currently exercised, and is unlikely to be tolerated by occupiers of land. There is no apparent alternative activity or measure that could offset the consequences of a ban.
Agriculture and Pest Control
5.What evidence is there about the need to control the population of foxes, deer, hares and mink?
Deer hunting is not properly described as a control mechanism, it is a means of deer management which works at several levels.
The principle level is that the existence of deer hunting underpins the presence of a healthy deer herd, this factor was noted by Lord Porchester in his Porchester Report published in November 1977. (The Porchester Report was the blueprint for the future preservation and conservation of Exmoor.) Under the chapter entitled Conservation and Recreation, he states:
"Special mention must be made of Exmoor's red deer. The fortunate visitor may catch a glimpse, and a fine sight they make. They live on Exmoor in good numbers and are believed by many to be genuinely wild, descendants of indigenous population of the Royal Forest. Stag hunting and fox hunting are both notable features of the Exmoor way of life. Whilst it may come as a surprise to some and prompt the wrath of others, it is undeniable that stag hunting on Exmoor operates as a force for conservation. The stag hunt is supported by almost every member of the farming community and this guarantees the deer's continuing existence. In the normal run of things, they can do considerable damage to crops and, without the active participation of the farmers in the hunts, their days would be numbered. Moreover, such is the local interest in stag hunting that substantial areas of land within the Critical Amenity Area are corporately owned with a view to securing the deer's habitat. So long as stag hunting continues it is unlikely that such land will be substantially altered by conversion or enclosure."
As well as ensuring the existence of the deer herd, the hunts manage by selection the welfare, health and genetic strength of the herd, by removal of the injured, old and poor specimens.
In addition there is a "pest control" element in that deer do cause damage to crops, trees and the farming infrastructure, such as hedges and banks etc. Concentrations of deer tend to cause localised damage, hunting can break up these unsustainable populations and move the deer away. This dispersal is a vital element of hunting and deer management that could not be continued in the face of a blanket ban.
Fox hunting also ensures tolerance of a healthy population of foxes. Without hunting, the fox would require control by other less sure means and because of its predatory habits, the fox would face an uncertain future.
Hare hunting is also a force for the conservation of a population of hares on parts of Exmoor. The unique knowledge of the hare and desire for the well-being of the species mean that hare hunters do much for a species whose decline in other parts of the country is of growing public concern.
It is clear that Mink are an alien and undesirable species that require control.
6. What evidence is there about the advantages and disadvantages of hunting with dogs in terms of agriculture and pest control, compared with other possible forms of control?
In terms of pest control, hunting has many advantages over other forms of control. The outcome of a hunt is certain; the quarry species is either dead or alive with no long lasting effects (the effect of being hunted has been subject to scientific examination: see 13 following). Other forms of legal control can undeniably lead to long and painful deaths from starvation or gangrene etc.
Hunting can be selective, a particular animal can be hunted. This is useful for agriculture and pest control by facilitating the removal of a problem fox, that is for example taking lambs at lambing time.
The use of hounds to disperse deer is vital for agriculture and pest control. Experiences on areas where deer hunting is not permitted have shown that while alternative methods such as rifle culling can remove deer, they will not disperse them; this is particularly the case if they are feeding on a fodder crop in winter, or a crop close to woodland. In these cases deer have been dispersed by stag hounds under the auspices of the local Deer Management Group.
7. What evidence is there about the consequences for agriculture and pest control if hunting with dogs was banned completely?
Firstly the advantages outlined at question 6 above would not be available, the consequence of which would be that an essential means of deer management namely dispersal would not be available. Those needing to control pests would have limited ability to selectively kill problem animals, there would be no help at lambing time.
Greater reliance would be made upon shooting and snaring with consequent danger to non quarry animals and of suffering of wounded animals. And there would be no-one with an overview of fox numbers in the locality.
The service provided by hunts of taking fallen stock would be curtailed. Alternative methods of fallen stock disposal are either overly expensive such as removal for incineration, or potentially hazardous to the environment, particularly groundwater as with "death pits".
8. What other measures, if any, would need to be taken to protect agricultural interests and to control foxes, deer, mink and hares?
The consequence of a ban upon deer hunting on Exmoor was recognised by Lord Porchester, the days of the deer would be numbered. Crop damage and damage to field boundaries would not be tolerated. The control on poaching exercised by stag hunting farmers and landowners would largely be removed and it is likely that the deer herd would be decimated by non-selective and uncontrolled culling.
Those deer remaining on open moorland could not be properly managed because of the unsuitability of rifle culling in open areas with year round public access and the local migrations of deer to neighbouring farmland where they would be shot.
The attitude to foxes would be, we believe, to reduce their numbers to a much lower level by whatever means. It is likely that farmers would form fox control groups for this purpose. An increase in organised shoots would lead to more keepering.
Mink control by trapping would, we assume, be allowed to continue.
Hare numbers might decline without the benevolent management of hunting farmers and landowners.
Social and Cultural Life of the Countryside
9. In what ways, and to what extent, does the existence of hunting with dogs contribute to or impair the social and cultural life of the countryside?
The Company believes that hunting is the bedrock of the social infrastructure of Exmoor and it is the principle factor that binds together the far flung and sometimes isolated communities of this area.
As recognised by Lord Porchester, hunting is part of the traditional way of life on Exmoor and this goes beyond the physical hunting; while the meets of hounds and following of the hunt are important social and recreational activities for many locals and visitors, the contribution made by hunting is year round and far reaching.
The hunts provide Point-to Point racing, horse shows and gymkhanas and are regularly involved in sponsored rides supporting local charities. There is a full programme of social events usually promoted by the supporters clubs, these include inter hunt competitions, open days at kennels, puppy judging, hunt dances, discos for younger supporters, fetes and garden openings with teas and a number of whist drives, skittles and other social events.
Many of the above events are attended by non-hunting people and the appeal of some events goes far wider than the immediate area. These events are important for local businesses and are of real economic worth, particularly through supporting local hotels and inns through the off season.
10. What evidence is there as to its importance generally or in particular areas?
We can only speak for Exmoor where the traditional social life of this rural area revolves for a large proportion of the inhabitants around the various hunts and their supporters clubs. The effect of banning hunting on Exmoor, it has been suggested, would be like banning football from Manchester or Liverpool.
Management and Conservation of Wildlife
11. What evidence is there about the present effect of hunting with dogs on preserving or damaging habitats and on the management of wildlife, including the quarry species?
The Company can amply demonstrate the importance to the Exmoor landscape of the desire to protect the habitat of the red deer. Lord Porchester's reference to the Company's conservation work is a source of pride. But the preservation due to hunting interests goes beyond the Company, from the former estate land such as that previously owned by the Fortescue Estates (now under National Park ownership), which was historically managed with the preservation of habitat for hunting as a major consideration, to the smaller family farm where space was left for quarry species. This benevolent land use has benefited wildlife as a whole and provided us with the landscape that all who come to Exmoor enjoy.
Happily large areas of Exmoor are now protected by designation as Sites of Special Scientific Interest or candidate Special Areas of Conservation and Heritage Coast. There is also the designation of the area as an Environmentally Sensitive Area, which has enabled occupiers of land to benefit from management agreements and access to conservation grants. Help is also provided by Forestry Commission, Countryside Stewardship and the Exmoor National Parks own initiatives.
The present work of the Company for the benefit of all wildlife and the environment is set out in our preamble. We have also, in answering previous questions, shown our belief that present management is beneficial to all quarry species.
In the Company's experience the physical act of hunting has very little damaging effect upon habitat; the passage of a hunt is usually swift and relatively non-invasive. Hounds are trained solely to pursue the quarry species and mistakes are rare. For this reason hunting is permitted under legislation aimed at protecting habitat. In the past there has been damage associated with hunt followers in vehicles, but in the Company's experience this issue has been resolved by the hunts and damage made good and the possibility of future damage minimised by access management and physical work carried out with advice and assistance from English Nature and Exmoor National Park. Vehicle damage is now more likely from rogue motor bikes and four wheeled drive vehicles and the perception of many uninformed visitors that open moorland is an off-road playground.
The majority of moorland and woodland habitat on Exmoor is now, or will be if Government access proposals proceed, subject to public access with its attendant disturbance. Any perceived damage to the habitat attributable to hunting should be measured against the effect upon quarry species of the removal of hunting and the activities that might occur should hunting be banned and the disturbance consequential to increasing visitor pressure and likely access proposals.
12. What would be the impact on these matters of a ban?
While the majority of habitat is safeguarded by designation and accompanying legislation, there would be the effect upon quarry species already noted.
Animal Welfare
13. What evidence is there at present about the effect of hunting with dogs on the welfare of the quarry species or on the welfare of other animals, including those used in hunting activities and domestic pets and farm animals which may be affected accidentally?
As a responsible landowner and owner of hunting rights, the Company took a particular interest in the report produced by Professor Bateson on behalf of the National Trust and noting that the report appeared to have numerous flaws on the face of it, the Company properly took its own scientific advice from an Exercise Physiologist. Dr Keith Collard provided the Company with a report which the Company then passed to the National Trust. As a result of this report and subsequent work such as the Joint Universities study the Company did not and has not implemented a ban of deer hunting. To the Company’s knowledge, no other private landowner has, after consideration of the Bateson Report, banned deer hunting on Exmoor.
As previously stated, hunting, through natural selection, ensures a healthy quarry species population and genetic diversity by ensuring dispersal.
Hunting has played a role as a disposer of fallen stock and a welfare role in the despatching of injured wildlife and domestic stock.
The hunt provides a service disposing of traffic injured deer or those suffering following rifle, shotgun or crossbow incidents. The hunts have assisted the RSPCA, The League Against Cruel Sports, The National Trust and The Forestry Commission in despatching injured quarry animals.
There are occasional accidents involving hunts and domestic animals as previously mentioned. In the Company’s view however, the incidence of such accidents to domestic animals is likely to increase rather than decrease, if control of quarry species was to be carried out by other means e.g. snaring and the use of poison.
The effect of a ban would in the Company’s view mean a reduction in the horse population and the destruction of many hounds as well as the removal of any welfare benefits afforded by the hunts.
14. What evidence is there about the impact on the welfare of animals of other means of control which might be used if hunting with dogs was banned?
The use of snares and shooting as a method of control will inevitably lead to more wounding incidents and situations of real suffering. These methods of control are not governed by "seasons" and would be year round irrespective of the breeding cycle of the quarry animal. There is also a heightened risk to domestic animals.
The use of birth control drugs in wild animal populations is expensive and a relatively new and untested method that is probably not economically viable or feasible on Exmoor. Such a method, even if of proven efficacy, relies upon the tolerance of the current deer numbers by land occupiers. As previously stated we believe that in the absence of hunting the requisite tolerance does not exist.
There is, in our view, a greater likelihood of poaching and control by unlawful means.
The Scott-Henderson report in the early 1950’s concluded "hunting is a useful and necessary method of controlling red deer on Exmoor, and the deer could not be destroyed or controlled, without danger to persons or stock in a way that would cause less suffering". This conclusion is more pertinent today with both higher stock numbers and greater visitor pressures in the National Park.
Implementing a ban
15. What form(s) might a ban take and what would be the implications?
In the Company’s view a blanket ban could lead to the creation of small illicit packs unregulated by rules or codes of conduct and impossible to police.
A ban only upon unregulated hunts would allow established hunts to continue to benefit quarry species, to provide valuable services to the local farming community and remain the focus of social events etc.
The implications of a blanket ban have been outlined in previous answers, however, the focal point is that if a ban were to be implemented "for the welfare of quarry species" the result of such a ban would inevitably be a population collapse of quarry species due to unregulated control, with severe welfare implications.
16. How might such a ban be applied and enforced?
We believe that a blanket ban would be unenforceable at economic cost.
17. Would a ban need to be supported by any other action?
Yes, and at considerable expense to the Government.
We trust that the above will be of assistance to your enquiry, but should you require further information or you would like to meet us should you come to Exmoor please do not hesitate to contact us.
Yours sincerely
Jeremy Holtom ARICS FAAV ACIArb
Secretary
Date uploaded to site 4 May 2000