THE COMMITTEE OF INQUIRY INTO HUNTING WITH DOGS

 

WRITTEN EVIDENCE SUBMITTED

ON BEHALF OF

THE COUNTRY LANDOWNERS ASSOCIATION

 

INTRODUCTION

  1. The Country Landowners Association (CLA) whose membership of 50,000 account for some 60% of the rural land in England and Wales (60% of members own 100 acres each or less), welcomes the opportunity of submitting written evidence to the inquiry.
  2. The CLA has members who support hunting and some that do not. It believes that landowners and farmers should have the right to choose what methods of pest control they wish to employ and whether or not to have hunting with hounds on their land. Such choices are fundamental freedoms which should not be removed.
  3. Hunting is very much an integral activity of rural areas. Recent research of Hunting Countries (areas where hunting with hounds takes place) shows that these areas cover some 77% of the surface area of England and Wales. In these areas the hunt are excluded on only 2-3% of the land at the express wish of the occupiers. In addition to that excluded land, 26% of hunting countries are not hunted for safety reasons. The average pack in England and Wales hunts just over 88% of the allotted area in each hunting country. 61% of the total surface area of England and Wales is hunted.
  4. It should be remembered that a substantial number of those who live in towns also enjoy hunting and will often have several days hunting during the season, paying subscriptions directly to the hunt and thereby indirectly to the local rural economy. Whilst hunting is essentially a rural past time, it is by no means exclusively so and enjoys urban as well as rural support.
  5. RURAL ECONOMY
  6. The CLA notes the comments made by the inquiry as to whether the Cobham report has overestimated the importance of hunting to the rural economy. In the CLA’s view the report should be seen for what it is, a report commissioned from independent resource consultants and its findings should be treated accordingly.

  7. In preparing this submission, however, the CLA notes that the inquiry have the findings of that report, and others, and has endeavoured to seek fresh evidence to cover the points raised by the inquiry, rather than to make reference to these past reports.
  8. EVIDENCE

There are a variety of ways that hunting with dogs takes place in England and Wales -some are mounted packs, some operate on foot and some combine with shooting or terrier work. All contribute to the local economy in the following different ways:-

 

 

  1. ILLUSTRATIVE EXAMPLE OF HUNTING’S DIRECT ECONOMIC CONTRIBUTION

  1. The Middleton Hunt area covers a large area of around 800 square miles of predominantly rural North and East Yorkshire between York and the East Coast with both arable and stock rearing agriculture.

The annual hunt income, from subscriptions and other revenue, is £155,000. The Hunt revenue expenditure is £140,000 and capital £15,000 p.a.. There are at least 200 horses kept in the Country costing £3,100 per horse equating to £620,000 p.a.. The direct expenditure on hunting is therefore £775,000.

In addition to the above there are 74 registered point to point horses with an estimated annual expenditure of £4,000 per horse equating to £296,000 per annum.

Thus the direct total expenditure by this hunt to the local area was some £1,071,0000.

This hunt employs 7 persons full time and 2 persons part time. The full time equivalent in employees in support industries e.g. feed, veterinary, saddlery and clothing would be in the region of 20. This number would be additional to a further 30 persons employed in horse related jobs. This makes a total of 57 full and 2 part time jobs arising from the hunt which would be lost should hunting be banned.

In one village local to the hunt (Birdsall) there are just 47 people in employment, of which 7 are hunt related (some 15%).

  1. Hunting also provides crucial income, via hunt followers and participators, to trades such as the hotel and public houses during the difficult winter period.
  2. HUNTING IN WALES

There is more hunting per square mile in Wales than any other part of the UK. In most of Wales the fox is viewed as vermin and a threat to farmers, especially since its population has increased very substantially over the last 50 years. Most hunting in Wales is different to the rest of the United Kingdom. It involves a mixture of control methods which have evolved according to the locality and terrain.

  1. At the present time, over 100 packs of hunting hounds operate in Wales. They consist of three different types of hunting:-
  1. Mounted packs followed on horses. These are to be found in the more low-lying areas of Wales.
  2. Hill-hounds, which are followed on foot, due to the nature of the terrain and the wishes of the landowners.
  3. Gun-packs, which have evolved in areas where sheep farmers have been hard pressed to keep fox numbers under control, due to afforestation.
  1. Gun packs hunt on foot, using the hounds to "flush out" foxes into the open countryside or, in large forestry areas onto the rides dividing the blocks of woodland. Then followers, carrying shotguns, surround the woodlands and shoot the foxes as they come out of the woodland or cross the rides. The use of a shotgun for killing foxes is normally unacceptable, as there is a real likelihood of wounding, however any injured foxes are subsequently caught by the hounds coming out of the woodland. This method of fox control, using hounds and guns, has become most effective in those parts of the principality where it is not possible to follow hounds on horse back.

14. Direct Contribution made by hunting to the Rural Economy in Wales

Recently, a census was carried out to give a guide as to the amount of income and expenditure the hunts generate in Wales. A sample of ten hunts, registered with the Masters of Foxhounds Association, showed their income to be £580,000. Of that figure £540,000 was spent in the rural economy - on employment, and local services, e.g. farriers, repairs, vets, feed, energy etc. In addition the hunts bore the cost of removal of fallen stock (£143,000), a burden that would revert to farmers, should hunting be banned, who are already facing the worst financial crisis in living memory.

Note should also be made that this is a sample of ten hunts, and there are over 100 packs of hounds in Wales. Furthermore the British Government spends a total of 27 million pounds on Hill Livestock Compensatory Allowances per annum, this puts into context the contribution made by just 10 hunts to the Welsh rural economy.

  1. DRAG HUNTING

Drag hunting is not a viable alternative to hunting for a number of reasons.

Drag hunting is a very small niche sport practised by a small number of people who have exceptionally good horses who ride fast over a pre-planned cross country route. This means that young, inexperienced or elderly riders are largely excluded. Whereas hunting with hounds is natural and reflects the unpredictability of nature and the countryside.

There are only some 15 Drag Packs and 15 Bloodhound Packs as compared with the 200 Fox and Deer Hound Packs, recognised by the Master of Fox Hounds Association (MFHA) and the 5 Harrier Packs and 9 Fell Packs. There are also those packs of hounds regulated by the Federation of Welsh Packs (some 48 Packs) and additional packs used by the Fox Destruction Societies in Wales. A pack of hounds normally comprises some 40 couples whereas a drag pack only has between 8-10 couples.

The speed of the chase often results in damage to fencing and other property on the land and many farmers would not tolerate drag hunting if the benefits of fox control which the traditional hunt brings were not also available.
  1. Given the limitations on land rider ability and interest, it is clear that drag hunting could never begin to substitute for fox hunting in terms of the numbers of people, horses and dogs involved. There is little that this sport could be expected to do to reduce the impact of a ban on hunting. There is also the practical point that should drag hunting hounds pick up the fresh scent of a fox during a chase, they are likely to pursue that rather than the scent laid down.

  1. Farmers would not necessarily welcome riding for its own sake over their land on anything like the scale of hunting. There are a total of 65,000 horses used in hunting and other riding activities such as eventing, of this figure some 40,000 are used exclusively or primarily for the purpose of hunting. A likely result of a ban of hunting might be that a number of horses may be destroyed, a large number of existing horses would not be replaced which would have serious detrimental effects to the livelihoods of farriers and other trades relating to riding in the countryside.

 

18. AGRICULTURE AND PEST CONTROL

Of the 200 recognised packs of fox and deer hounds, 179 (89%) provide a pick up and disposal service for fallen and casualty stock. The total number of carcasses handled annually is in the region of 415,000 (1995 figures).

  1. Meat from fallen stock can only be fed to hounds and is not used in pet food. In addition to the meat eaten by the hounds there are the bones, offal and other wastes which have not been disposed of. The average hunt kennel might dispose of 100 to 200 tonnes of such waste per annum. Larger hunts might have to cope with 400 tonnes or more.

  1. The waste is either collected by renderers or burnt at the kennels in incinerators. The regulations concerning the handling and disposal of Specified Risk Material (SRM) have made the disposal of these wastes very expensive for hunts. It either has to be removed at £150 per tonne, or the hunt has to buy, install and run their own incinerator. In fact 150 incinerators are owned by the recognised fox and deer hound packs.
  2. A case study carried out in 1997 found that the cost of providing this disposal service varied from £15,000 in the case of a hunt in Northumberland, £24,000 for a Gloucestershire Hunt, £27,000 for a Buckinghamshire Hunt and £40,000 for a Northamptonshire Hunt.
  3. 1999 figures state that a total of 264 Hunt kennels (foxhounds, staghounds, Beagles and Harriers) are registered by MAFF of which 150 have their own incinerators. There used to be 92 knackers yards before the current round of MAFF approval but it is estimated that this will fall to approximately 80 of which 30 knackers yards have small incinerators. There are 3 knackers yards in Scotland. There are 14 large commercial whole carcase incinerators in Britain.
  4. Accordingly hunt kennels play a vital role in the collection and disposal of fallen stock. If hunting were to be discontinued there would therefore be a vast increase in on-farm burial, due to cost, with the attendant risks that that brings to health and the environment.

It is often the case that a farmer will seek the direct assistance of his local hunt in dealing with a specific predator problem. In Wales, for example, a vital role of hunts are "lambing calls" when lambs are being lost or are at risk due to fox predation. This call out service is usually at the end of the hunting season when the lambing period is at its peak, although the time scale can vary with regional fluctuation.

  1. Hunts are also vital in controlling foxes that are causing problems to shoots in terms of predation on game and many shoots will use the hunt to deal with the problem once the nesting season is over. Most shoots lose between 5-10% of their birds from predation, of which a significant amount is due to foxes. They are also of assistance in identifying whether or not pests, such as mink, are present on land.
  2. Arable farmers will often use harriers and beagle packs to regulate numbers of hares on fields, where numbers have increased to levels where damage to crops is sustained. The vast majority of farmers welcome hares onto their land in reasonable numbers and are not keen on shooting them. Hunting and coursing therefore not only control their numbers by killing but also disperse populations to sustainable levels.
  3. THE NEED FOR CONTROL

In agricultural terms a sheep farmer, even in a well hunted area, would expect to lose anything between 1-3% of his flock per year. In the absence of hunting that figure would increase considerably. The MFHA estimates that some 14,000 foxes were killed by their registered packs of hounds.

One adult deer eats as much as 3 sheep. The herd instincts of deer results in substantial damage to crops (including grass which is often a forgotten crop), trees (so much so that fencing of new planting is now often required as other measures are ineffective) and hedges. In areas such as Devon, where there is a bank and hedge arrangement, considerable damage can be caused where deer are crossing regularly. This of course means consequential costs in terms of reinstatement of hedges as well as the difficulty of containing stock (and the cost of extra fencing to do so). Where there is a loss of hedge, there is a loss for wildlife. This damage takes place all year.

  1. Evidence we have received from farmers indicates that unless the deer are moved on regularly by hounds, they tend to settle in one area, with devastating consequences for the farmer on whose land they settle. This leads to intolerance for the species as a whole. Deer herd sizes, where left undisturbed, will easily reach 30-50 hinds in the lowlands, and on Exmoor herds of 100 hinds are not uncommon. Such numbers can clearly cause a lot of damage where concentrated in a small area and it is unsurprising that farmers grow intolerant of them. Stag groups are always much smaller.
  2. The advantage of hunting over shooting as a means of controlling deer, is that the whole herd is moved on, and the hunt has the ability to select weaker animals – this is particularly true with stags, in contrast to stalking, where the temptation to trophy shoot can take over.
  3. Stag hunting, in particular, on Exmoor, has been associated with the maintenance of a healthy deer population. The consequences of the stag hunting ban are considered under paragraphs 48-51.
  4. Casualty Service for Deer
  5. The casualty service provided by Deer Hunts is invaluable in ending the suffering of infirm and injured deer. Deer are injured in a number of ways, hit by cars, caught in wire or injured by inaccurate shooting, or they may just be old and sick. Once injured these deer go into hiding. When the hunt is told of a wounded deer the huntsman will take several hounds, track down the animal and once found, dispatch it. This service is free and operates on a 24 hour basis. Between 1993 and 1998 for every 100 deer killed by the two hunts, 83 casualty deer were also dispatched some of which had suffered from grievous wounds for prior to their dispatch.

  6. HARES

Hares are capable of causing as much damage as rabbits in arable to a field of crops. In woodland areas where new saplings have been planted, hares will destroy soft bark and new shoots and buds at a young tree’s base.

  1. Accordingly there is a need to control their numbers in certain areas. The advantages to the hare of hunting by dogs either by coursing or beagling are similar to those for the fox.

  1. MINK
  2. Mink are not a native species to England and Wales. They are a vicious and indiscriminate killer of game, birds and other small mammals, such as the endangered water vole. It has devastated fish stocks in some areas and there is accordingly little tolerance in rural areas for this animal. Indeed there are many who argue that they should be completely eradicated from the wild.

  3. HUNTING COMPARED TO OTHER FORMS OF CONTROL
  4. The purpose of hunting is to control not exterminate a species. In the absence of hunting, tolerance of farmers and landowners to a residual fox population and populations of other hunted animals, is likely to decrease sharply. As a result Foxes and other quarry species will be shot or snared indiscriminately with a detrimental effect on the survival of a healthy quarry populations in rural areas. Much evidence exists to indicate at present, that hunts tend to catch the older and injured animal. The fact remains that hunting is the nearest man can get to natural predation and therefore most closely aligns to the natural state. It is also selective and helps to ensure that the fox population remains healthy.

  5. There are also practical difficulties which will arise if hunting as a form of pest control is banned. The obvious alternative method of control would be shooting. In most instances, save for the special circumstances surrounding the gun packs in Wales, it is not satisfactory or humane to use a shot gun for the purposes of killing a fox due to the likelihood of injury rather than a clean kill. This means that the use of a firearm is needed in the form of a rifle. Police forces will therefore be required to issue firearms licences on a more liberal and frequent basis to enable effective control to take place. This is however in conflict with a real risk arising in areas where greater public access exists. This risk is unlikely to decrease in the light of the Government’s plans to increase access to land.
  6. Alternatives to shooting such as snaring, risk other wildlife as well as being largely ineffective for the purpose of controlling foxes. There is also the risk of a lingering death. Poisoning of foxes is an alternative which might be used by farmers desperate enough, in the absence of the hunt, to control a troublesome fox, but this is at considerable risk to other wildlife such as birds of prey and is indiscriminate.
  7. Hunting remains the most effective means of controlling populations of pest species in such a way that they are not completely annihilated but that the necessary balance with the environment is maintained. In considering this method of control heed should be taken of the fact that hunting has evolved over the centuries to suit the particular terrain and ecology of specific areas. Overwhelming evidence would appear to exist that it is an effective and natural form of control.
  8. SOCIAL AND CULTURAL LIFE OF THE COUNTRYSIDE

Hunting is wholly reliant on the co-operation of landowners and farmers. Where consent is refused to a hunt to cross lands, a contravention of the refusal of access would be a trespass. Some occupiers have successfully obtained injunctions against Hunts and this has proved to be a highly effective restraint.

  1. In addition to those who walk or ride with hounds large numbers also follow on foot or by car or other means and thereby, indirectly, will participate in the hunt itself. On Boxing Day meets, numbers in attendance can exceed 2000 people from all over a county. The Middleton Hunt, for example, estimated that some 3000 people turned up to support the hunt on Boxing Day.
  1. The local hunt in many areas provides the social focus for local, and often isolated, communities through suppers and other local events which help sustain local amenities such as pubs and village halls. The local hunt also supports pony clubs and point to points which are crucial to racing and other equestrian events.

  1. Hunts often raise money for local charities and amenites for example, the Belvoir Hunt raised some £20,000 from its local team chase and this money was used for local childrens clubs and the church.

  1. The impact of a ban on hunting to rural communities would be devastating. Those who do not hunt, but live in the countryside, have indicated that many of them would see the ban as a curb on a fundamental freedom of choice, which is neither to the fox’s advantage nor has any justification.

  1. Those who do participate in hunting, and it is estimated that there are some 230,000 of them are involved in one way or another, would feel marginalised and alienated by the urban majority who neither understand nor can accept a rural way of life and yet seek to interfere with their historic recreational and social life. Many of those who hunt, the vast majority of whom are law abiding, might resort to civil disorder as a way of expressing their opposition to such measures.

44. MANAGEMENT AND CONSERVATION OF WILDLIFE

There is ample evidence to suggest that the existence of hunting provides many landowners with a real incentive to manage and conserve wildlife.

Such measures include the following:-

  1. Many participants in hunting maintain small farms with varied ecological systems, simply to ensure they possess an environment which enables a healthy population of foxes to be sustained and can justify the costs of keeping horses. Such occupants will have little incentive to maintain these farms and pieces of land and there is a chance that the the land will be made available for alternative uses such as intensive farming and housing development.
  1. Many supporters of hunting also run small and large shoots which make a major contribution to varied populations of birds and other wildlife.

  1. In addition Hunts own and manage some 6,500 acres of cover for the purposes of hunting. Over 90% of Hunts undertake conservation work such as maintenance of bridleways, gates etc..

48. Consequences of the Ban on Exmoor on Conservation and Management of Wildlife

There are several well documented periods when hunting ceased in certain areas – e.g. deer hunting during World War II. The result was virtual decimation due to over-culling. The re-introduction of hunting at the end of the war led to the steady recovery of the deer population.

  1. The biggest threat to deer populations is unbalanced culling. Even opponents of hunting accept the need for some form of culling. Yet if culling is carried out by disparate groups without an overall control or management philosophy, the result is that greater numbers of stags are killed for hinds. It is believed that the balance is 1 hind to 4 stags.
  1. The Exmoor herd of red deer is commonly acknowledged to be one of the best managed herds of deer in the western world. Continual movement of the deer caused by hunting helps to distribute the gene pool. Similarly the policy of selecting the weakest deer ensures only strong healthy deer remain. In contrast Scottish herds of deer, where only shooting is permitted suffer from over population with consequences for deer condition and quality.

  1. In the two and a half years since the National Trust ban was imposed on the hunting of deer, more than double the number of deer have been shot on National Trust land at Holnicote, than were killed by a combination of hunting and shooting in the area, in the three years before the ban. There is some evidence to suggest that the health of the herd overall has declined in this relatively short space of time. The herd has become wary of people and it is now difficult for visitors to see deer in this area, thus making it less attractive to visit.
Deer Counts on the Holnicote Estate
February 1998

429

(source Exmoor and District Deer Management Society EDDMS (immediately prior to ban))
October 1998 247 (Source National Trust Count)
February 1999 341 (Source: EDDMS)
September 1999 163 (Source: National Trust’s Stalker)

 

Deer counts of the total number of deer on Exmoor as a whole (these indicate a decline in of just under 10%:)

February 1998 2567 (EDDMS)
February 1999

2399

(EDDMS)

 

52. ANIMAL WELFARE

Many of those who hunt have indicated that foxes react instinctively to hunting. Essentially it is one dog being chased by a pack of other dogs, (the lead hounds being in most instances way ahead of the mounted members of the pack. Many have cited examples of foxes watching a hunt from a distance and doubling back, disguising their scent via water or slurry and using many ingenious methods of avoiding its pursuers. The average duration of a chase in hunting is approximately 17 minutes.

  1. There is no doubt that the existence of hunting for the purpose of control rather than eradication means that a healthy population of foxes remains by virtue of the fact that it is a selective method of control. Alternative methods of control such as trapping, snaring and shooting are by contrast indiscriminate and likely to be far less humane. Any assessment as to whether hunting is cruel must also consider the alternative control methods which would have to be used if hunting was banned.

The selective means of control that hunting provides means that healthy populations of quarry species remain.

The racing industry is reliant upon hunting stock for bloodstock. Serious animal welfare issues would be raised should hunting be banned in that thousands of hounds and some horses would face immediate destruction. There are a total of 20,000 hounds in England and Wales of which not more than about 5% could be accommodated in drag packs or exported. It should be remembered that hounds are amongst the fittest and healthiest dogs in England and Wales having been bred for centuries for stamina and intelligence. To order their virtual extinction under a ban, particularly where their quarry species is unlikely to receive any benefit, would seem wholly unjustified.

IMPLEMENTATION OF A BAN

It is estimated that some 230,000 people are involved one way or another in hunting. Although this is a significant number of people, it is clearly a minority. Democracy is at least as much about protecting the interests of minorities as it is about imposing the will of the majority. Before considering criminalising the activities of a minority, the arguments for doing so need to be looked at extremely carefully and the minority interests much more fully taken into account than has hitherto been the case. The CLA welcomes the Burns Inquiry as an opportunity to do this.

The Government has stated that it does not intend to extend the ban to other county pursuits such as angling however there are many parallel arguments which could equally apply. An immediate effect of a ban on hunting would be to create a precedent that could be used for banning other forms of country pursuit in the future. This have a drastic effect on the environment, as well as severely undermining the economy, identity and recreation of vast majority of those who live in the countryside.

In order to impose a ban primary legislation (most likely under the Criminal Law) would have to be passed which would have to be compatible with the Human Rights Act 1998. It is difficult to see how a ban would not be found to be in breach of Articles 8 and/or 14 of the Schedule to the 1998 Act, even if compensation were to be paid. It could also be argued, depending on how the legislation might be framed, that it would be in breach of articles 10 and/or 11.

Consideration would also need to be given to compensating those who suffered economic loss as a result of the ban. Compensation or payments might also be required to ensure that some incentive exists for the beneficial management of the countryside for hunting to be maintained.

The only realistic alternative to hunting as an effective means of control is shooting. In order to avoid the inappropriate use of shotguns and other methods for dealing with troublesome predators or pests on a farm or estate, far more rifles will be needed by farmers to do this.

Any terrier or hound will chase ground game or foxes. It is entirely natural for them to do so. Legislation which seeks to prevent dogs acting as most dogs do would be difficult to interpret as well as virtually impossible to enforce.

ENFORCEMENT

Many rural dwellers would find the imposition of a ban on hunting extremely difficult to comply with. Hunting involves local communities in environmental and social activities. They will not understand why they have been singled out for criminal legislation, when they see their activities as making a positive contribution in the countryside. The Countryside Rally and other marches bear eloquent testimony to this.

In a climate of increasing rural crime, which is likely to increase with greater public access, the Police face an extremely difficult task in dealing with their current workload let alone the imposition of an unpopular law in rural policing areas. It is submitted that such legislation will make their task of enforcing the law virtually impossible.

CONCLUSION

In the CLA’s view the case for banning hunting has not been made out. There is powerful evidence in support of the environmental, economic, social, and welfare arguments against such a ban. The protection of minority interests and freedom of choice are seriously threatened by a ban on hunting. In the CLA’s view, the appropriate policy is to allow individuals to exercise freedom of choice.


JULIA POLLOCK

Legal Adviser

HELEN SHIPSEY

Legal Adviser

21st February 2000

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Date uploaded to site 14 April 2000