SUBMISSION ON BEHALF OF
THE CENTRAL COMMITTEE OF FELL PACKS
to
THE COMMITTEE OF INQUIRY
INTO HUNTING WITH DOGS
Edmund Porter Esq., MFH,
To jump straight to a particular question/section click on the question/section number
1.1 Hunting is a way of life in the fells. Foxes must be controlled. This
requires, as it has always done, collective action. From the old trencher-fed'
system to the development of the subscription pack, the community has had to
be engaged. Born of practical necessity, hunting in the fells is, and has been
for generations, an essential focus of community life.
1.2 Because the Fell Packs have grown out of the communities they serve, they
enjoy an immensely broad base of support. In the hundreds of square miles hunted
by the Fell Packs, there are few farms where they are unwelcome. Subscriptions
are voluntary and each pack has hundreds of supporters. There are no horses.
All that is needed to follow the hounds is a pair of boots, warm clothing, and
a stick. In the words of the old song:
The bold pack of Blencathra is free alike to all,
The poor man from his cottage and the rich man from the hall,
All are welcome here to follow, no thoro'bred you'll need,
But manly strength and daring, the mountain chase to lead!
The name of any of the Fell Packs could be substituted for "Blencathra"
and, of course, many followers and supporters are women.
1.3 The writer and broadcaster Melvyn (now Lord) Bragg, in his foreword to a
book commemorating the bicentenary of John Peel's birth, made the same point:
"The foot hunting aspect always caught my imagination. A man on foot
against nature - that is a fine image. Moreover, as it was on foot, anybody
could join in. You did not need to be able to keep a horse. That democratic
quality plays an important part in the potency of the John Peel legend."
1.4 Agriculture, predominantly sheep farming, is still vitally important to
the area hunted by the Fell Packs. But so, now, is tourism. Hunting grew out
of the necessity to the farmers of controlling foxes. It now makes another economic
contribution, which may be modest in relation to the economy as a whole but
is important to those involved.
1.5 The -low season' for tourism is during the hunting season. "Room occupancy"
in Cumbria is 24% in January, compared with 72% in August. Increasingly, the
Fell Packs attract visitors. They are very welcome. Not only to the Fell Packs,
but also to those who have self-catering cottages, hotels, B&Bs, pubs, and
shops.
1.6 There is no satisfactory alternative to hunting which could either achieve
the right balance in the fox population or replace the social and cultural life.
The alternative legal methods of culling foxes are, at best, no more humane
and are indiscriminate. Illegal methods are worse. The areas hunted by the Fell
Packs are difficult to police.
1.7 The fox has no natural predator but man. Without hunting, there would be
no incentive to tolerate, let alone preserve, any fox. Hunting gives the fox
worth in the fells. The result is wholly good: a stable, tolerable population
of healthy foxes managed by an exhilarating activity which is the centre
of a way of life.
1.8 Hound trailing (the nearest thing to drag hunting in the fells) is enjoyed
by many. But it does nothing to control foxes. It provides no service to farmers.
It is essentially a summer sport. It could never fulfil the social and cultural
role of hunting.
1.9 If hunting were made a crime, there would be no gain in terms of human or
animal welfare. There would be great cost. The life of not a single fox would
be saved. The fox as a species would be worse off. Something of real practical
value would be lost. The way of life of many decent people would be destroyed.
2.1 The Chairman of the Committee of Inquiry may be interested that the Central
Committee of Fell Packs (CCFP) was formed on 12th October 1967, following a
meeting in the Royal Oak Hotel, Keswick, which was called:
"to consider and challenge the imposition of Selective Employment Tax on
the hunt servants of the fell packs."
Plainly, Professors Balogh and Kaldor were not keen Fell Pack followers.
2.2 Six fell packs are full members: Blencathra, Coniston, Eskdale and Ennerdale,
Lunesdale, Melbreak, and Ullswater. There are three affiliated packs: North
Lonsdale, North Pennine, and Wensleydale.
2.3 The constitution of the CCFP provides that:
"Foxhunting is for the purpose of hunting the fox in his wild and natural
state with a pack of hounds and no member of the Central Committee of Fell Packs
shall be allowed to hunt a fox in any way that is inconsistent with this precept."
2.4 In relation to the rules of the Masters of Foxhounds Association,
"Each pack of foxhounds will be expected to comply with these rules and recommendations
where they are applicable and particular notice shall be taken of the rules
regarding terrier work and the stopping of badger setts."
2.5 The responsibility for the conduct of each day's hunting "in a proper
manner" and in compliance "with the wishes of the landowners and farmers"
is that of the Master (or joint Masters) or, in their absence, a deputy
or the Huntsman.
2.6 The CCFP has the power to appoint a disciplinary sub-committee to investigate
complaints made against a hunt. If a complaint is substantiated, the CCFP may
reprimand the hunt, suspend its membership, or expel it. This power has existed
expressly since 1996. It has not had to be exercised. The power's existence,
the transparency and openness of the Fell Packs' conduct, peer pressure, and
the desire, in any event, to abide by the rules are effective means of regulation
and control.
2.7 The CCFP has a role when collective action by the Fell Packs is required
(as with the present inquiry) and as a point of contact for outside bodies (such
as the MFHA). It provides a service to visitors (the fixture cards for the six
Fell Packs are available on request and the payment of £6). When disputes arise
between the Fell Packs, these are generally resolved informally before they
need to be raised at a meeting of the CCFP.
2.8 There are 3 meetings a year (more, if necessary). The affiliated packs are
invited to one meeting a year. Masters, Chairmen, and Secretaries may attend
(but no more than four representatives from any one pack at any one meeting).
2.9 A copy of the Constitution and Rules is at Appendix A.
Introduction
3.1 Originally, foxes were hunted in the fells by trencher-fed hounds. Every
farm had a hound or two. The farmers would regularly take their trencher-fed
hounds to different meeting places to join other farmers with their hounds.
In this way, ad hoc packs would be formed to hunt the foxes which preyed
on the sheep and lambs on which the farmers' livelihoods depended.
3.2 An echo of the trencher-fed system survives today in the way that many hunt
followers walk hounds as puppies which, after they have been -entered', return
to them each summer when there is no hunting.
3.3 For the -statesmen', flockmasters, farmers and shepherds, hunting was their
only recreation. Out of the need to control foxes grew a social dimension. Hunts
became the chief means of promoting human contact where lives would otherwise
have been as isolated as they were hard. This still runs very deep. The social
and cultural dimension to hunting flourishes in changed conditions where it
is not just physical distance that leads to social isolation.The resulting tradition
is not primarily backward looking but is living and developing.
3.4 It seems to have been in the early 1700's that hounds were increasingly
gathered together from farms into packs which spent the winter in kennels from
which they hunted and were then returned to the farms in the summer.
3.5 Individual enthusiasts had their own packs of hounds. John Peel [1776 -
1854], who lived near Caldbeck on the northern edge of the Lake District, was
an example.
3.6 In the 19th Century, packs merged and/or grew to hunt bigger areas. The
development of each of the Fell Packs is set out shortly in sections 4 - 12
below.
3.7 The present boundaries of the Fell Packs are shown on the maps at Appendix
B.
3.8 Copies of the Fell Packs' annual reports and accounts for 1998-9 are at
Appendix C. Parts will be summarised in this section of the submission. They
illustrate the extent to which the hunts depend for their modest income on the
goodwill and hard work of many people. Raising the money is a collective endeavour
which provides the context within which people meet, with a common purpose,
throughout the year. The accounts also reinforce the point already made that
hunting with the Fell Packs is open to all, regardless of means.
3.9 Generally (though there are exceptions), the Fell Packs hunt 3 days a week.
The current fixture lists are at Appendix D.
3.10 Long Masterships and long-serving Huntsmen are a striking feature of the
Fell Packs. When dealing with the background relating to each pack, examples
will be given. This is significant in relation to the social and cultural importance
of hunting in the fells. The names are celebrated in the songs which are a living
tradition (new songs are being written all the time and sung along with the
old). Family associations and lengthy involvement are valued by hunt followers.
They give a sense of place, continuity, and identity.
3.11 Fell Pack Huntsmen lead very demanding lives. Except for the Blencathra
(which hunt employs a Whipper-in) they are -single-handed' in the kennels (though
their families and volunteers help out). The hounds must be fed and cared for.
Injured or sick hounds must be treated and/or taken to the vet. The kennels
must be kept maintained and clean. Fallen stock must be collected, flayed, and
butchered. Masters, farmers, visitors constantly telephone. The problems that
hunts share with any family or tight-knit community require diplomatic skills
to resolve. Social events are a duty as well as a pleasure. And all this is
on top of the rigour, responsibility, and worry of actually hunting the hounds.
The Huntsmen's salaries are paid for the season, in the summer they must find
other employment.
3.12 Hounds, farmers, and followers depend on the Huntsmen. Huntsmen cannot
duck the responsibilities of each day if they feel tired, unwell, or out of
sorts. That they have been, and are, so dedicated to such a demanding life,
says much about the depth of their love for what they do - especially as it
will not make them rich (as the accounts make plain - financially they would
almost certainly be better off doing something else) .
3.13 That dedication also says much about the nature of what they do. Such able,
decent people would not pour their lives into hunting unless it provided the
deep satisfaction of doing something truly worthwhile.
3.14 There is no dress code on the fells. Only the Huntsmen wear a uniform -
a red coat and waistcoat, breeches (or moleskins), and riding hat. The red coat
is very useful for followers as it can be seen on a fellside from far away.
The riding hat provides protection from falling stones. Shepherd's boots and
gaiters are traditional; but ones of sufficient quality are now hard to find
and modern walking boots are often worn. In very wet conditions, even a fell
Huntsman will pull on a Gore-Tex anorak and over-trousers.
3.15 A Master is distinguished only by wearing a red waistcoat and (possibly)
a red band on his or her hat.
3.16 Each pack varies in structure. In addition to a main committee, there is
most commonly a number of area committees (primarily to organise local social
events, hound shows etc.).
Blencathra Foxhounds
4.1 The pack takes its name from the fell which stands to the north of the A66
near Keswick. Its kennels are in Threlkeld, at the foot of the fell. The sign
on the Salutation Inn in the village depicts the present Huntsman, Barry Todhunter,
and his predecessor and mentor, Johnny Richardson.
4.2 The Crozier family had a pack of hounds at Threlkeld. John Crozier took
them over from his father in 1840. After John Peel died, Mr.Crozier is believed
to have acquired a few of his hounds, including -Briton' - a particular favourite.
4.3 Mr.Crozier maintained the pack at his own expense until 1870 when the Blencathra
Foxhounds were formed as a subscription pack. He continued as master until 1903.
4.4 From the time of the Crozier family, there have been only 7 Blencathra huntsmen:
Joshua Fearon; Isaac Todhunter (25 years); John Porter (26 years); Jim Dalton
(36 years); Geordie Bell (24 years); Johnny Richardson (1949-1988); and Barry
Todhunter (1988- ).
4.5 The annual report and balance sheet for 1998-9 shows that there were 773
subscribers contributing a total of £11,742. The most usual sums were £5 or
£10. The average is £15. About 200 subscribers live outside Cumbria, contributing
about £3,500. The total income was about £29,000. 70 foxes were caught.
Coniston Foxhounds
5.1 The hunt was founded by Mr.Gaskarth and Mr.Jackson in 1825 as a trencher-fed
pack. During the mastership of their successor, Mr.J.G.Marshall [1839-53] the
hounds were kennelled at his home, Monk Coniston Hall. Later, they were kennelled,
variously, at Coniston (near the Ship Inn), Sawrey, and Satterthwaite. In 1881,
the Reverend E.M.Reynolds [Master, 1881-1907] moved them to the present kennels
at Greenbank, Ambleside (which had previously been used by the Ambleside Harriers)
and appointed a Huntsman (for some years, the hounds had been hunted by knowledgeable
followers rather than a huntsman).
5.2 In 1908, brothers John and Bruce Logan became joint Masters. They already
had their own hounds (the Windermere Harriers). The packs were merged. The resulting
pack retained the name -Coniston Foxhounds' and was organised on a subscription
basis.
5.3 The dedication of the followers to the pack (which, typically for the fells,
has no rich patron) is demonstrated by the the purchase of the kennels and kennel
field out of hunt funds in 1956 and the building of the huntsman's bungalow
which was completed in 1978. In 1973, the Coniston Foxhounds passed into the
ownership of the Country and the committee was enlarged to include an elected
representative from each area of the Country.
5.4 Two families are exemplary of the long continuity of the Coniston Foxhounds.
John and Bruce Logan were great-nephews of Mr.Gaskarth - a founder of the pack
83 years earlier. John Logan died after a year as Master but his brother continued
until his death in 1943. John Logan's son, Robin, was Master until his death
in 1954. Robin Logan's son, Bruce, was then Master until 1978. During Mr.Marshall's
Mastership in the mid-19th century, Tom Chapman was appointed Huntsman. His
great-nephew, George Chapman, was Huntsman between 1908 and 1931. George Chapman's
son, Anthony, was Whipper-in [1931-1940] and Huntsman [1944 -1976]. Anthony
Chapman's daughter, Mrs.Parsons, was Master [1991-1999] and the present Huntsman,
Michael Nicholson, is his grandson.
5.5 In the year ending 30th June 1999, there were about 300 subscribers/donors
who provided £4,267 (average £14). There are 21 members of the Executive and
General Committees and no fewer than 15 local and special event committees (called
-Hunt Ball Committees'). More than twenty special events and 10 -caps' produced
£11,000. The total income was £22,600. 71 foxes were caught.
Eskdale and Ennerdale Foxhounds
6.1 The first record of hounds in the Eskdale area is in 1785. In the mid-19th
century, there were 3 packs hunting the country. One of them was hunted by Tommy
Dobson, a bobbin maker, who was paid by farmers to visit their farms with his
hounds to cull the foxes. By 1857, he was able to devote himself entirely to
hunting. He hunted the hounds himself for nearly 50 more years. He was paid
10s 6d for each fox brush produced to the Ennerdale Court Leet. The Wasdale
pack seems to have been absorbed in the 1880's and the Ennerdale about 10 years
later. In 1884 the hunt became a subscription pack.
6.2 Tommy Dobson died in 1910 (at Little Langdale where the hounds were meeting).
He left the hounds to Willie Porter, who had already been hunting them for some
years. Since then, the role of Master has passed from father to son: Willie
Porter [1910-1952]; Jack Porter [1952-1979, joint Master 1979-1991]; and Edmund
Porter [1979 to the present] with each generation acting as Whipper-in and/or
Huntsman to the generation before. In 143 years, this pack has had only 4 Masters/Huntsmen
and one Huntsman, Art Irving[1944-1962].
6.3 The hounds are kennelled at Edmund Porter's home in Eskdale. In 1998-9,
there were 328 subscribers/donors who provided £4,221 (average £13). 28 special
events produced £7,393. 5 local hunt committees raised £3,736. The total income
was £23,368. 78 foxes were caught.
The Lunesdale Foxhounds
7.1 The Lunesdale Foxhounds' country lies in Cumbria, North Yorkshire, and North
Lancashire - mainly to the east of the M6. The pack was formed in 1936 to hunt
an area which included country formerly hunted by the Sedbergh hounds. In 1974
the pack was constituted in its present form as a limited company (it has a
Chairman, not a Master).
7.2 Walter Parkin was whipper-in from 1936 to 1940. Severely wounded during
the war, he recovered sufficiently to rejoin the pack as Huntsman in 1947. He
was succeeded in 1963 by John Nicholson (Whipper-in since 1950) who hunted the
hounds until 1990. John Dixon was Huntsman for a season, the present Huntsman,
Paul Whitehead, taking over in 1991.
7.3 The kennels are at Sedbergh. In 1998-9, there were 432 subscribers who provided
about £7,000 (average £16.20), 54 of which live outside the area and contributed
£1,018. There are 5 area committees of the hunt which, between them, raised
£11,564. The total income was about £26,000. 94 foxes were caught.
The Melbreak Foxhounds
8.1 The hunt takes its name from the fell which stands on the west shore of
Crummock Water. In 1807, William Pearson kennelled previously trencher-fed hounds
and became Master. Mr. J.Hudson and then Mr. J. Nicholson were Masters until
1865. There followed the long Mastership of John Benson [1865-1917] who kept
the hounds at his own expense. On his retirement, he presented the pack to a
committee"for the benefit of the country" and the Melbreak
became a subscription pack. Major Iredale was Master (alone or jointly)
from 1927 to 1965. He has been followed by other long-serving Masters: Frank
Coates; Edward Musgrave; and Jock Ireland.
8.2 Willy Irving (the brother of the Eskdale and Ennerdale Huntsman) hunted
the pack for 25 seasons. When he retired in 1951, the Whipper-in, Harry Hardisty
took over. He was succeeded by Richard Bland (Blencathra Huntsman Johnny Richardson's
nephew, who is still Huntsman and is married to Harry Hardisty's daughter):
3 Huntsmen in 75 years.
8.3 The kennels are at Miller Place, Lorton, near Cockermouth.
8.4 In 1998-9, there were 319 subscribers providing £3,523 (average £11). About
30 subscribers were from out of the area. The total income was about £16,000.
46 foxes were caught.
Ullswater Foxhounds
9.1 The Ullswater Foxhounds were formed in 1873 after the amalgamation of two
smaller packs: the Patterdale and the Matterdale. Mr.J.E.Hasell became Master
in 1889. He appointed Joe Bowman as Huntsman (probably the most famous fell
Huntsman after Peel). Joe Bowman had already hunted the Ullswater hounds, first
doing so on 14th November 1879 (when he was 22). He finally retired (having
retired once in 1911 and come back in 1915) in 1924, having completed 41 seasons.
He died in 1940 aged 90. A song dedicated to him is a particular favourite:
When the fire's on the hearth and good cheer abounds,
We'll drink to Joe Bowman and his Ullswater hounds,
For we ne'er shall forget how he woke us at dawn
With the crack of his whip and the sound of his horn.
9.2 Joe Wear became Whipper-in when Joe Bowman retired. He became Huntsman
in 1933 and was with the hunt (as Whipper-in and Huntsman) for more than 40
years. Dennis Barrow was Huntsman for 25 years to 1996 when John Harrison was
appointed.
9.3 There has been a long association with the Lowther family, a number of whom
have been Masters, including the present joint Master, Lady Jane Benson.
9.3 The kennels are at Glenridding at the south west end of Ullswater.
9.4 In 1998-9, there were 415 subscribers contributing about £6,000 (average
£14.46). Numerous social events raised more than £14,000. The total income was
about £30,000. 72 foxes were caught.
THE AFFILIATED PACKS
North Lonsdale Foxhounds
10.1 The North Lonsdale Foxhounds were founded in 1947 at the request of farmers
in the district to control the fox population. The farming in the area is predominantly
sheep and dairy. There are also significant shooting interests.
10.2 The country covers an area from Broughton-in-Furness in the west to Grange-over-Sands
in the east, and Ambleside in the north to the Morecombe Bay coast in the south.
This includes some country shared with the Coniston Foxhounds. The hounds are
kennelled at Pennybridge Hall, Greenodd, near Ulverston. About 30-40 foxes are
caught per season.
10.3 The report and accounts for 1998-9 show 86 voluntary subscribers providing
£1,731.60 (average £20). But support is much wider than that may suggest. A
weekly draw has about 400 participants. A Country Fair in the summer, which
is organised by the hunt, attracts about 3,000 (and is a very important source
of money for the hunt - £5,500 in 1998-9). The total income was £15,762. 700
fixture cards are printed for regular followers and visitors.
North Pennine Foxhounds
11.1 This pack was formed in 1987 to assist with the control of foxes in
an area where there are important shooting interests. The founder was the present
joint Master and Huntsman, Michael Tones, who also has a professional interest
in conservation (a paper by him written for the inquiry is at Appendix E).
11.2 The area hunted is in the high North Pennines and consists largely of open
heather, moor, and fell up to 3,000 feet. The style of hunting is determined
by the terrain. The traditional Fell Pack practice of finding -drag' (a line
of scent left by a fox some time before, usually at night or in the early morning)
and following it to where the fox is -kennelled' is used. Nowadays, it is not
so common elsewhere in the fells. It is a technique which was employed all over
England in the 16th century. Though most hounds are kennelled at Mr.Tones' home,
some are -trencher-fed'.
11.3 The hunt's income in 1998-9 was £2,747. 32 foxes were caught. There are
120 subscribers. The hunt holds a terrier show, 3 singing -socials', a ceilidh,
and a barbecue.
Wensleydale Foxhounds
12.1 This pack was formed in 1970 though records show the existence of Wensleydale
Hounds from as early as 1775. It was affiliated to the CCFP in 1992.
12.2 The hounds are kennelled at the home of the Master and Huntsman, Maurice
Bell, near Hawes, North Yorkshire. 350-400 fixture cards are printed each year.
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?
Responsibility and transparency
Q.1.1 The organisation of the Fell Packs has been dealt with above.
Q.1.2 The CCFP rules provide that the responsibility for the conduct of each
day's hunting "in a proper manner" and in compliance "with
the wishes of the landowners and farmers" is that of the Master (or
joint Masters) or, in their absence, a deputy or the Huntsman. Most decisions
about the conduct of the day, while it is in progress, are in practice (rightly)
taken by the Huntsman (who in the case of three of the packs is also the Master).
However, since the use of CB radios became usual, the Master present on the
day can communicate with the Huntsman at any time.
Q.1.3 The line of personal responsibility and corresponding duty is clear.
Q.1.4 Hunting in the fells mostly occurs at times and in places where it can
be seen by members of the public. On the most simple level, there are walkers
in the fells all the year round who can see what is going on. Anyone can join
the hunt at the meet and walk out onto the fells to watch the hounds. In the
days of long lenses and camcorders and the CB (to which anyone can listen) it
would not be possible to keep secrets. Hunting is open and transparent.
Q.1.5 Hunting is conducted in accordance with strict rules. Masters and Huntsmen
know that what happens can be seen by someone who might wish to criticise hunting
in general or draw attention to the conduct of a particular hunt. Any Huntsman
knows that what he does might, shortly afterwards, appear on The Nine O'Clock
News. There can be few activities which are so constantly and closely scrutinised
by people who are hostile to it. Additionally, -peer group' pressure is strong.
No one who follows hounds wants hunting brought into disrepute as the result
of others breaking the rules.
Q.1.6 It may be said that the rarity of formal disciplinary proceedings (indeed,
none in the fells) is an indication that the rules are ineffectual. This would
be to underestimate the powerful effect of transparency and -peer pressure'
on any tiny minority who might be tempted to behave improperly. Given the number
of dedicated opponents of hunting who constantly observe hunts (equipped with
the means to record transgression), the extreme rarity of their detection of
breaches anywhere in Britain, given the vast number of hunting days and, therefore,
opportunities every year, speaks for itself.
Q.1.7 Not only is hunting carried out openly, the rules by which it is carried
out are themselves in the public domain and are subject to critical scrutiny.
Q.1.8 Openly published rules, clear lines of personal responsibility, transparency,
and peer pressure results in properly conducted hunting. This is in marked contrast
to other methods of fox control (both legal and illegal) which can be carried
out by unaccountable individuals in secret.
The way hunting is carried out
Q.1.9 The nature of the terrain hunted by the Fell Packs varies enormously.
There are areas of rolling hills, lowland, and forestry. For the most part,
however, it is rugged and mountainous. Such country is hunted in a quite different
way to that of the mounted packs in the shires.
Q.1.10 Two videos accompany this submission."Foxhunting with the Six
Fell Packs" [marked Appendix F] depicts a number of entirely typical
hunting days (better than many written words on the subject). It is factual
and far from polemical. A further video "Todhunter and the Fox"
[marked Appendix G] presents a more personal picture of a year in the life of
the Blencathra Huntsman (which was, in edited form, shown on BBC 2). Both repay
more than one viewing.
Q.1.11 It would be hard to do justice to the particular techniques of hunting
in the fells in a 60,000 word book. For the most part, they do not seem to fall
within the terms of reference of the inquiry. If there are any particular points
which are of interest to the inquiry and which are not adequately dealt with
in this submission or the accompanying videos, the CCFP would gladly address
them in a supplementary submission.
The active involvement of followers - collective endeavour
Q.1.12 A particular feature of hunting in the fells is the part played by the
followers. They are not just spectators. They actively participate in a way
that followers of a mounted pack mostly do not. This is another aspect of hunting
in the fells as a collective endeavour.
Q.1.13 As the Huntsman is on foot, he cannot be in constant contact with his
hounds. Before the hounds move off from the meet, a number of followers will
already have -climbed out' to the ridges and fell tops. These followers (and
more who climb out after the hounds have begun to -draw') will be in a position
to see a fox if it is -put off' by the hounds or sneaks away over the tops when
it hears the sound of the hunt below. Frequently, hounds will hunt a fox through
several adjoining valleys. The followers who have climbed out and are spread
over the fell tops, and car followers who have driven to the next valley, can
keep the Huntsman and the other followers informed by CB radio as to the whereabouts
of the fox and hounds.
Q.1.14 Busy roads are to be found in most Fell Pack Countries. Car followers
are invaluable for stopping the hounds crossing roads and presenting a danger
to traffic and themselves. This again involves the use of CBs. This has been
controversial in the fells. The consensus now is that they are a useful tool
(as above) but that they should not be used to hunt the fox - that is the function
of the hounds.
Q.1.15 Fell Huntsmen do not have staff (only the Blencathra employs a Whipper-in).
Out on the fells they often need help, particularly when a fox has gone to ground
(digging, moving rocks, making good/back-filling, holding the terriers which
are not being used, keeping the hounds back). This will be provided by experienced
followers.
The length of the chase
Q.1.16 This topic is raised by the preamble to the question raised by the inquiry.
A hunt's length can be hard to gauge. The hounds may not have been hunting the
same fox throughout. What seems a long hunt may involve several foxes. The general
perception is that hunts are not as long as they were and this is because hounds
are faster. The length of a hunt depends on a number of factors. The time of
year and scenting conditions (themselves subject to many unfathomable factors)
are likely to be significant. For example, in January and February travelling
dog foxes who are looking for a mating vixen may well to give off strong scent
and, when hunted, make for home which may be miles away.
Q.1.17 Some hunts last only a few minutes. Hunts of 1 1/2 hours are now considered
to be of substantial length. Longer hunts do take place but those of more than
3 hours are unusual (though not rare). They should not be considered as a long
chase at breakneck speed. Longer hunts are generally slower hunts. A fox may
be just moving on a long way (possibly miles) ahead of the hounds. Often the
fox has a long lead to start with and this can be increased in a number of ways.
For example: a fox is faster over rocks than a hound; hounds often check where
the fox has changed direction sharply, run along a wall, beck, or road - when
this happens the hounds have to cast to find the line again; hounds may be held
up at a deer fence (through which a fox can easily pass). A fox will (especially
if scenting conditions are poor) frequently -bink' (stop on a ledge) and calmly
watch the hounds from this vantage point apparently unconcerned. One of the
frequent surprises to those new to hunting, who are able to watch a hunted fox
(frequently possible in open fell country), is how nonchalant he often seems,
only being under real pressure at the very end of a hunt.
Q.1.18 The experience of the Fell Packs is that a fox which escapes a long hunt
is nothing more than tired. Foxes which have been debilitated by over-exertion
have neither been seen nor later caught by hounds. Indeed, some experienced
people believe that it is possible (from the place where a fox is found and
the route it takes to avoid the hounds) to identify a fox as one that has been
hunted before. Such a fox has never seemed to be any less strong the second
time than the first.
Q.1.19 One must guard against imputing human knowledge to a fox. Other than
the instinct to run away, the fox can have no insight into the consequences
of being caught by hounds. Either it has not been hunted before or it has been
hunted and not been caught.
The kill
Q.1.20 Hounds are much bigger than foxes. Dog hounds weigh about 70 lbs
and bitches about 60 lbs. Foxes weigh about 17-20 lbs.
Q.1.21 The experience of the Fell Packs is that the first hound to the fox will
go for the neck or backbone. A hound's jaws are massively powerful. The spinal
cord is broken and death is virtually instantaneous.
Q.1.22 Of course, this does not take place under laboratory conditions - any
more than shooting or snaring do. The hound or fox or both might slip or stumble
on rough ground. Even when that happens, the fox's back or neck is broken in
a moment. Death is always very quick. It is rare that other hounds are any significant
distance behind the lead hound.
Q.1.23 When the fox is broken up (as, in the fells, it generally is) it is already
dead. The emotive expression "torn apart by the hounds"
, insofar as it implies that this is what kills the fox, creates a wholly misleading
impression.
Q.1.24 A fox caught by hounds is killed. An uncaught fox is tired but unharmed.
Q.1.25 Other than justified satisfaction at the successful conclusion of a properly
conducted hunt, no pleasure is taken in the kill itself. Anyone who took up
hunting because of a perverted desire to see suffering would very soon be disappointed.
Terriers
Q.1.26 Foxes often go to ground in soil holes (for example, in rabbit holes
which have been enlarged by foxes) or in rock falls (borrans). The nature of
the terrain makes this inevitable. Earth stopping is impracticable in the fells
and is rare (very occasionally, badger setts are lawfully stopped). The Fell
Packs provide a service to farmers. Farmers want the foxes culled. The hounds
would not be welcome if they were not. The duty of the Huntsman is to try to
bolt the fox to be hunted (which may or may not involve digging/moving rocks)
or dig to it and shoot it with his pistol.
Q.1.27 When a fox is to ground, the Huntsman's course of action will depend
on the precise circumstances which vary widely. The fox may have gone into a
huge borran where the rocks and boulders are too big to move and from which
there are many possible exits. Alternatively, the fox may be in fairly easily
dug soil.
Q.1.28 The use of terriers is essential. A fell Huntsman has 2 or 4 coupled
terriers constantly with him. One is used at a time. The purpose is to find
the fox, generally to encourage it to bolt (i.e. leave the hole or borran) or,
at least, locate it so that it can be dug to. The terrier has a -bleeper' attached
to a collar. A hand-held receiver enables the huntsman to pin-point the position
and depth of the terrier.
Q.1.29 Rules, transparency, and personal responsibility are again emphasised.
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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?
The Fell Packs' spending
Q.2.1 It is a feature of the democratic, -grassroots' character of the Fell
Packs, and the absence of horses, that the sums involved are relatively modest.
To those who benefit from spending by the Fell Packs and their followers, the
money generated by the Fell Packs can be very important.
Q.2.2 The total income of all the Fell Packs in 1998-9 was about £170,000. In
the context of the total economy this is not a large amount. However, the money
is spent locally. Doubtless, for example, the printer with whom the Blencathra
does about £1,000 worth of business a year is glad of it.
Q.2.3 Those employed by Fell Packs are dependent for their incomes on them (apart
from a period in the summer) and for their accommodation (all the year round).
They may be few, but the impact on each would be immense.
Farmers - benefit of fox control
Q.2.4 The dire economic circumstances of many fell farmers is well known.
Any economic benefit is important - financially and (almost as important) for
their morale.
Q.2.5 Hunting in the fells grew out of the economic imperative to the farmers
of controlling the fox population. As hunted country is the status quo,
the level of stock loss if there were no hunting (and therefore economic benefit
to the farmer of hunting) is hard to quantify. However, that farmers judge that
there is significant economic benefit is evidenced by the continuing support
for the Fell Packs, even among farmers who do not themselves hunt.
Q.2.6 Fell Packs cost the taxpayer and farmers nothing (unless the latter give
voluntarily). Usually, vermin control has to be paid for.
Q.2.7 Some statements/letters from farmers are at Appendix H.
Farmers - fallen stock collection
Q.2.8 Fallen stock collection is an economically valuable service to the farmers.
A knackerman charges fees to collect fallen stock. To provide this service,
a hunt must have an incinerator (as the Blencathra, Eskdale & Ennerdale,
Lunesdale, and Ullswater have). Other packs can and do collect bull calves under
3 months old. A knackerman would not charge for these but it is convenient for
farmers to deal with the hunt. Even those Fell Packs which do not have incinerators
may, as a gesture of goodwill to some farmers, collect some fallen stock and
take it to the kennels of a hunt which has an incinerator.
Q.2.9 The service is free to farmers (except that the Lunesdale ask for modest
contributions to help defray the cost of fuel).
Q.2.10 Fallen stock collection figures are at Appendix I.
Visitors
Q.2.11 The extraordinary quality of the experience of following the Fell Packs,
together with improved communications, have led to increasing numbers of hunting
visitors. They come throughout the season but there are more towards the beginning
and end when there is less hunting with mounted packs. Reference has already
been made to the proportion of Fell Pack subscribers who live outside the area.
Q.2.12 The CCFP does not have the resources, even if there were time, to conduct
research which would enable the economic benefit to be quantified.
Q.2.13 The hunting season is the low season for tourism [see para 1.5 above].
Hunting visitors tend not to stay in the main centres but the more remote small
hotels, B&B, and self-catering establishments. For example, 9 of the farms
where the Melbreak Foxhounds meet do B&B. Numerous small businesses advertise
in hunt fixture lists and the country sports press. They do so because they
are read by potential customers. Advertisements in the fixture cards of the
Blencathra and North Lonsdale are at Appendix J.
Q.2.14 Visitors must pay for their accommodation, food, and drink. They may
also buy outdoor clothing and boots and simply go shopping.
Q.2.15 There are letters/statements from people who run pubs, small hotels,
B&Bs at Appendix K.
Q.2.16 On 5th February 2000 a -snapshot' survey was carried out to try to give
a picture of the followers of the fell packs on a routine Saturday in February.
The date was determined by the deadline for this submission and some packs would
say there are "better" days. The Ullswater Foxhounds risked cancellation
of their day (which was more than 20 miles from their usual Country) so arranged
to conduct the survey on 12th February 2000. The Wensleydale hunted on Sunday
6th February 2000 and the survey was conducted on that day.
Q.2.17 The results of the -snapshot survey' are at Appendix L. There were 69
visitors (about 10% of the total number of followers) spending a total of about
£18,500 during their stay.
3. What evidence is there about the likely impact on the rural economy
if hunting with dogs was banned completely?
Q.3.1 Every economic benefit set out above would end.
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?
Q.4.1 Fell Packs are not followed by mounted followers because the mountainous
terrain is unsuitable for horses. Drag and bloodhound hunting are equestrian
sports.
Q.4.2 The nearest thing to drag hunting in the fells is hound trailing. A trail
of scent is laid across fells and hounds are raced along it. It is an enjoyable
pastime. Fell Packs hold their own hound trails to raise money.
Q.4.3 Hound trailing could not offset the consequences of making hunting a crime.
Though this specific question is in a section concerned with the economic contribution
made by hunting, the economic and social/cultural aspects cannot really be separated.
Q.4.4 Hound trailing is completely different to hunting. It is essentially a
summer pursuit. Winter conditions in the fells are unsuitable for spectators
and hounds. Other than for those with hounds, it is purely a spectator sport.
Part of the attraction is betting - no criticism is made of this; it simply
indicates the cultural difference between serious hound trailing and hunting.
The same social and cultural life could not be maintained. There would not be
the constant need to raise money (and so continually meet to arrange and go
to events organised by hunts all the year round).
Q.4.5 Hound trailing provides no service to the farmers (the bedrock of the
Fell Packs' purpose and support). It would not attract a significant number
of visitors from outside the area. If any visitors did come, they would do so
in what is already the high season.
Q.4.6 Hound trailing could not provide the existing hunt staff with jobs.
Q.4.7 It is hard to think of any "other activities or ... other measures"
which might apply. In any event, people follow the Fell Packs because they choose
to do so, without any encouragement or coercion from elsewhere. If they wanted
to participate in "other activities" they would. Hunting in
the fells has developed and is pursued without any help from or encouragement
by the state and at no cost to the taxpayer.
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5. What evidence is there about the need to control the population of
foxes?
Q.5.1 Farmers in the fells would be surprised (some of them might choose a different,
rather stronger, word) if it were to be suggested, with any degree of seriousness,
that the fox population did not have to be controlled at all. Likewise, game
keepers. They are the people who have to live with the effect and potential
effect of foxes on the animals, poultry, and game birds on which their livelihoods
depend. Their knowledge and experience is strong evidence. A number of statements/letters
from farmers are at Appendix H.
Q.5.2 The need to control foxes is consistent with common sense. Foxes have
no natural predator but man. Left to find its own level, the fox population
could only rise at the expense of the creatures upon which it preys. Lambs,
poultry, and game birds are all sources of food which would be sought out by
an increasing number of foxes.
Q.5.3 It is not simply a matter of total fox numbers. Some individual foxes
are more of a problem than others. -Dropped foxes' (brought from towns and dropped
in the countryside by misguided people), geld bitches (barren vixens), and foxes
with some sort of disability tend to be more likely to seek the relatively easy
meals to be found in the lambing fields. Some individual foxes simply take to
lamb-worrying. Hunting in general tends to be selective. When a Fell Pack is
called out on a lamb-worrying call, it is very selective indeed - the target
is a particular fox which has become a problem.
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 pest control
Q.6.1 As set out in the preceding paragraph, -below-par' foxes have a greater
propensity to cause problems to farmers. If a fox is below par, it is less able
to get away from hounds if it is hunted. Experience and common sense support
this contention. Thus, hunting has a tendency to cull such foxes in a higher
proportion to really healthy, fit foxes.
Q.6.2 If troubled by a particular fox, farmers can call out the hunt. The Huntsman
will arrive at the lambing field at first light with a smaller number of hounds
than would be used on a normal hunting day. The scent of the fox which has been
in the lambing field is then followed by the hounds. Even if it is not caught,
the mere fact of being hunted often has the effect of deterring the fox from
further lamb-worrying visits.
Q.6.3 Farming is not only about making money. If it were, fewer people would
do it. Many farmers could earn more doing something else. Fell farmers have
been especially hard hit in recent years. Their morale is important to "agriculture".
No method of pest control other than hunting with hounds adds importantly to
the farmers' quality of life. This is dealt with more fully under questions
9 and 10. It is a further illustration that the positive characteristics of
different aspects of hunting are strands in a seamless robe.
Q.6.4 To the fell farmers and the tax-payer, hunting with hounds is free.
Q.6.5 Followers of Fell Packs have an interest in the country and the farms
over which the Fell Packs hunt. Hunting provides, even in apparently wild places,
what is sometimes referred to as "eyes and ears".
7. What evidence is there about the consequences for agriculture and pest control
if hunting with dogs was banned completely?
Q.7.1 The advantages of hunting with hounds are identified above. They would
all be lost. There would be no compensating benefits. There would also be the
social, cultural, and animal welfare disadvantages which are dealt with elsewhere
(under questions 9 -14).
8. What other measures, if any, would need to be taken to protect agricultural
interests and to control foxes?
Q.8.1 Farmers would have to turn to other forms of fox control. The disadvantages
of these are dealt with elsewhere (under questions 11-14). The social and cultural
damage to farming could not be repaired.
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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?
From roots to the present
Q.9.1 Fully to understand the social and cultural importance of hunting in the
fells, some knowledge of the history is needed. This has been outlined in parts
3 - 12. above.
Q.9.2 The strands have already been identified. The Fell Packs grew out of the
community they served (-bottom-up' rather than -top-down'). Hunting was essential
and required collective action by the community. Hounds were kept by followers.
This collective action born of necessity performed a vital social function.
Long involvement by individuals and families added to the sense of place, continuity,
and identity. A culture grew up.
Q.9.3 The key point is this: these historical strands, whose roots are in the
18th century (or even earlier), can be seen, now, operating within the continuing
development of the Fell Packs into the 21st century. The Fell Packs still serve
the community from which they grew and where they still have their bedrock support.
Hounds are looked after by followers out of the hunting season. Raising money,
going to social events connected with the hunt, and hunting days are collective
endeavours. Those collective endeavours are exceptionally socially cohesive.
Families which have been long associated with hunting, are still involved.
Q.9.4 The resulting culture is -traditional' in that these strands can be identified
in the way that Fell Packs are organised and raise funds today and in the sense
that long-dead hounds, terriers, Huntsman are celebrated in songs which are
still sung. But it is not at all ossified. The Fell Packs have adapted to changed
conditions. Technology is embraced (with restraint). New songs are sung.
Preventing isolation
Q.9.5 Isolation is not just a matter of geography. Isolation in towns and cities
is a serious problem. -Isolation' is at the end of a spectrum. Not quite so
far along it, but a contemporary problem nonetheless, is the restricted nature
of many people's circle of acquaintance and range of activity. Many people only
meet those to whom they are related or whom they choose to see and lead sedentary
lives.
Q.9.6 Getting disparate people together requires a catalyst. Hunting in the
fells (as elsewhere) is just such a catalyst - a common purpose which is the
centre of a network which draws people to each other. To meet someone who shares
one's own love of seeing hounds work in the fells, is to transcend the usual
barriers of personality, generation, and background which inhibit human contact.
Q.9.7 A glance at the reports and accounts at Appendix C will show just how
many people are needed to run and support a Fell Pack and who must, therefore,
work together. To them must be added the farmers (even collecting fallen stock
provides an opportunity for exchanging news and views), followers, visitors,
and those who attend events without necessarily regularly following the hounds.
Q.9.8 A profile of the followers as shown by the -snapshot survey' on 5th February
2000 is at Appendix L. They are numerous and include a very wide range of age
and occupation. A high proportion are women. For statements from followers see
Appendix M.
Social and other events
Q.9.10 A hunting day may be preceded by a coffee morning at the meet. The Blencathra
have about 15 per year, the Eskdale & Ennerdale have 5, the Melbreak 4.
These are social affairs. Some people go to the coffee morning but follow the
hunt for a short time or not at all (others, follow that day's hunt but do not
go to the coffee morning). They are shown on the fixture lists [see Appendix
D]. Even when there is no coffee morning, a meet is a social event.
Q.9.11 Throughout the season there are Hunt Balls, dances, social evenings,
social afternoons, singing contests, darts and dominoes - Hunt Balls in the
fells should not be confused with tie-and-tails affairs further south.
Q.9.12 During the summer there are more purely social events and also hound
trails and the shows. There are numerous hound and working terrier shows and
general shows at which hounds and terriers are shown. Some are small. Others
to which the hounds make a significant contribution are big (for example, Lowther,
Rydal, and Loweswater). Reference has already been made to the Country Fair
organised by the North Lonsdale (see 10.3 above). Some shows which are not expressly
for hounds and working terriers, could not survive without their contribution.
For example, the Threlkeld Sheepdog Trials Society's event in August; a copy
of the 1999 programme is at Appendix N - it reveals much about life in Cumbria,
the sheer number of people actively involved in such an event, the prizes, the
number of hunts taking part, terriers as well as hounds and sheepdogs. This
event is just one of many.
Q.9.13 Social events are held at pubs and village halls at what would otherwise
be a -slack' time of year. A number of statements/letters from people who run
pubs are at Appendix K.
Q.9.14 A list of events organised by the fell packs, or to which they significantly
contribute, in a year is at Appendix O. There are more than 200 social events
of all kinds and 46 hound shows. A description of a -social', and other social
and cultural aspects of a Fell Pack, which appeared in The Spectator
on 18th December 1999, is at Appendix P.
Hound walkers
Q.9.15 Many hounds are not kept in kennels during the summer. They go back to
their walkers who will have had them since they were puppies and may have bred
them. The hound walkers are identified in the annual reports at Appendix C.
They are a survival of the trencher-fed system. They make an essential contribution
to the Fell Packs. They make a substantial indirect financial contribution to
the hunt by feeding and looking after the hounds in the summer. The Huntsman's
work at the kennels is relieved by having fewer hounds there.
Q.9.16 For the hound walkers, there is the pleasure of seeing their hounds work
during the season and taking them to the shows in the summer. As fell hounds
spend so much of their lives with their walkers (and the other hounds kept by
those walkers), at the end of their working lives, some hounds can be retired
(to be looked after by their walkers) rather than being put down.
Q.9.17 Hound walking is a striking illustration of the way in which a Fell Pack
is a collective endeavour. Statements/letters from hounds walkers are at Appendix
Q.
Three further points
Q.9.18 The followers of the Fell Packs are law-abiding, decent, kindly, reasonable,
animal-loving people with a deep knowledge of the countryside. To criminalise
the activity which is at the core of their lives would have a cultural impact
which goes beyond the destruction of their social lives. They would feel a baffled
rage that something they know to be beneficial should be crushed by the application
of the criminal law. A criminal law would be held in contempt by reasonable,
law-abiding people. This would weaken the social cement which society needs
to bind it together.
Q.9.19 It improves the social and cultural life of the countryside if those
who do not live in the countryside understand it. Those who follow Fell Packs
who live in towns (especially if they are visitors from outside the area) have,
as a result, a much greater knowledge and understanding of rural life, wildlife,
animal welfare, and landscape.
Q.9.20 Patterdale Church of England School has about twenty pupils under 12
years old. Twelve of them belong to families which actively support the Ullswater
Foxhounds (walking hounds, hosting meets or social events, providing B&B,
or actively following).
10. What evidence is there as to its importance [in the areas hunted by
the Fell Packs]?
Q.10.1 It is almost impossible to overstate the importance of the Fell
Packs to their followers and the contribution they make to the social and cultural
life of the areas where they hunt. They are at the centre of many decent people's
lives.
Q.10.2 The -snapshot survey' found that to 93% of those present, hunting was
very important (as opposed to merely important). To no one was it unimportant.
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11. What evidence is there about the present effect of hunting with dogs
on preserving or damaging habitats and on the management and conservation of
wildlife, including the quarry species?
Q.11.1 The Fell Packs do not maintain coverts, hedges, and fences as
do mounted mounted packs.
Q.11.2 The Fell Packs do no damage to wildlife habitats.
Q.11.3 The proof of the effectiveness of hunting with hounds in managing and
preserving the quarry species is this: there is a stable, tolerable population
of healthy foxes in the fells.
Q.11.4 Hunting gives the fox worth in the fells. This protects it from persecution.
Q.11.5 See also the paper by Michael Tones, Master of the North Pennine Foxhounds,
at Appendix E.
12. What would be the impact on these matters of a ban?
Q.12.1 The present, naturally achieved, balance would be lost.
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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?
Q.13.1 The welfare of the fox is referred to under questions 11-12 above.
Q.13.2 The hounds and terriers are well cared for. They do that for which they
have been bred. There need be no concern about their welfare.
Q.13.3 Fell Huntsmen are very conscious of the welfare of livestock, particularly
sheep, where they hunt. The continued support of farmers is proof of the success
of the care they take. Furthermore, the welfare of livestock is promoted by
controlling foxes.
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?
Q.14.1 The alternative means of fox control lack the qualities of hunting with
hounds: the system of published rules and transparent action under the regulation
of a body which has a strong interest in ensuring proper conduct.
Q.14.2 Shooting does not discriminate. Fit, healthy foxes and -heavy' vixens
are as likely to be shot as others. It can be done incompetently. Inappropriate
firearms or ammunition may be used. Even the best marksman can wound. Death
from wounds can be painful and protracted. An injured fox, if it survives, may
be more likely to become a lamb-worrier. The use of rifles in the fells can
be extremely dangerous; they have a very long lethal range. Walkers are, these
days, on the fells at every time of year and time of day. The "right to
roam" will increase this tendency. Foxes which have been shot at and missed
are shy of returning to the sound of a - squeaker' (used to lure foxes to where
they can be shot). For such foxes, other methods of control would have to be
used.
Q.14.3 Snares inhibit a fox from what its instinct tells it to do when threatened:
flight. A fox may be held in a snare for a long time. Snares do not discriminate
between species. Already, their use has been inhibited by the risk that badgers
(whose population has increased) might be caught.
Q.14.4 Illegal methods of culling foxes are cheap. There is a real risk that
if hunting were made a crime, their use would increase. This would harm animal
welfare. For example, poison is indiscriminate. It gets into the food chain.
It causes suffering. This was illustrated on 5.2.00. One of the Blencathra hounds
became very unwell while out hunting, passing copious quantities of blood. It
had ingested poison in circumstances which are unclear and will never be successfully
investigated or prevented in the future.
Q.14.5 If hunting with hounds were criminalised, how would the present balance
be maintained? Who, if anyone, would decide on the appropriate level of fox
numbers? By what criteria? Would there have to be state control of the culling
of foxes? How would it be enforced (routine policing is hard enough in rural
areas as it is)? What existing liberties would have to be restricted to make
a system of state control work? Would fox culling be the job of licenced - rangers'?
Who would pay for them (including training them)? Who would pay for the bureaucracy
of a system of state control?
None of the questions posed in the preceding paragraph need be asked, let alone
answered, if hunting with hounds continued. It works.
15. What form(s) might a ban take and what would be the implications?
Q.15.1 It is difficult to see how a law could be framed to make "hunting" (as its opponents perceive it) a crime without criminalising other activities (which the opponents of hunting accept should remain lawful) - as supporters of the 'Foster Bill' discovered. As soon as any attempt is made to define "hunting", it becomes apparent that a wide range of activities would be caught. Yet it would have to be defined. People must know what the criminal law is so that they may avoid committing crimes.
Q.15.2 If criminalising hunting were part of a coherent and logical approach to animal welfare, drafting the necessary law would be reasonably straightforward. The difficulty of definition shows that criminalising hunting is not part of any such approach. To make hunting by the Fell Packs a crime would be to draw a distinction between it and other behaviour for which, in terms of animal welfare, there is no justification. It would be arbitrary law.
Q.15.3 The implication of such a criminal law would be to bring the criminal law itself into disrepute. The decent, animal-loving people who follow the Fell Packs, would find it hard to understand why something good, at the centre of their lives, had been destroyed. The social cement would be weakened.
16. How might such a ban be applied and enforced?
Q.16.1 The structure and discipline of organised hunting according to rules promotes the welfare of the fox. A ban would relegate the fox from respected quarry to mere pest. Policing rural Cumbria is hard enough already. The "eyes and ears" of the hunts and their followers would be absent. Preventing an increase of unacceptable practices (which would be the direct consequence of a ban) could not have a high priority for the police. People want burglars to be caught. In reality, police forces are not going to get the money which would be needed to enforce a ban or deal with the consequences of a ban.
17. Would a ban need to be supported by any other action?
Q.17.1 The preamble to question 17 raises the possibility of action to encourage activities such as drag and bloodhound hunting or the payment of compensation to hunts. Hound trailing has already been dealt with in this submission (see paragraphs Q.4.1 - 7). There would be cost involved in winding up the Fell Packs for which they would deserve to be compensated. The Huntsmen would deserve to be compensated for the loss of their jobs. Farmers would deserve to be compensated for the cost of stock protection and fox control (presently done free by the Fell Packs). Those who have lost trade would deserve compensation.
Q.17.2 The farmers and followers of the Fell Packs could not, however, be compensated for the loss of their way of life.
Date uploaded to site 17 March 2000