Joint Submission to the Committee of Inquiry by the East Surrey Badger Protection Society and the West Surrey Badger Group

Lord Burns 18^th February 2000
Committee of Inquiry Into Hunting with Dogs
PO Box 31010
LONDON
SW1H 9ZL

Dear Lord Burns

We have decided to submit our views to the committee of inquiry despite the serious reservations we have concerning the composition of the committee which appears to have a built in bias in favour of hunting. Several articles in local newspapers have highlighted a number of links between members of the committee and hunting with hounds and many MPs and animal welfare groups have also expressed surprise and concern over the committee membership. In particular we find extraordinary that Lord Soulsby has been included despite the fact that he offered his services free to the so called Countryside Alliance where he attempted (unsuccessfully) to rubbish an academic study by Professor Patrick Bateson which clearly shows that red deer are highly stressed when hunted with hounds. Although Lord Soulsby is a vet we are not aware of any research world he has published on animal welfare science or any qualifications he has in this field. He cannot therefore be considered to be an expert in this area and his interpretation of Professor Bateson's work would tend to bear this out. His pro-hunting sympathies are clear for all to see and his presence on the committee has certainly seriously damaged any claims that the committee is balanced and neutral

We are also concerned that although welfare is central to the whole issue of hunting with hounds the committee does not have a single member who is a recognised expert in animal welfare science. It is surprising that neither Professor Donald Broom or Professor John Webster (both with international reputations as experts in animal welfare science) were not included on the panel nor is there an expert on the behavioural ecology of the fox. We know of badger groups who are so concerned with the balance and expertise of the committee that they have decided not to submit their mews despite the fact that they have had ongoing problems with their local hunt.

As badger protection groups our principal concern is with the conservation and welfare of badgers and we base our comments on the impact hunting has on badgers We believe that hunting with hounds has a negative effect on badger welfare and we would strongly support measures that would ban hunting with hounds and the practice of digging out foxes and introducing terriers into subterranean dwellings. We have general and specific concerns regarding hunting with hounds and the use of terriers.

It is clear to all of us who have worked hard for many years protecting badgers that the terrier work associated with fox hunting has provided a fertile breeding ground for badger diggers and baiters. Virtually every individual who has been convicted of badger digging and baiting offences has been linked in some capacity with the local hunt. It would appear fox hunting has provided a useful apprenticeship for budding badger diggers and there is little difference in the suffering involved in fox digging which is legal and badger digging which is illegal. Fox digging still provides in some instances a successful defence against a conviction for badger digging in cases where there is some doubt about whether a badger sett is in current use. This has to be established beyond reasonable doubt in order to secure a conviction under Badger Act 1992. If it were an offence to introduce a dog underground against a fox the lega1 situation would be clear-cut and may help to deter badger diggers. In his book 'Badger Digging with Terriers' David Harcombe laments the fact that badger digging was made totally illegal in 1981 (Wildlife and Countryside Act). In his view when properly conducted badger digging could be humane and certainly did not involve as much cruelty as the sort of fox digging usually associated with fox hunting.

We have had local experience of the connection between badger diggers and the hunt. We are aware that for a period the Surrey Union Hunt benefited from the terrier work of a well-known and infamous badger digger. A joint raid on the home of this individual by the police and the RSPCA produced a home made video showing some horrific cruelty to a fox. The fox was prevented from escaping its earth by a fork being placed at the entrance. Terrier dogs were then introduced in shifts to attack the fox. It was slowly ripped to pieces while still alive and probably took over half an hour to die. Remarkably the RSPCA were advised that there was little chance of a prosecution as despite the sheer sadism involved there was no offence committed under the 1996 Protection of animals Act. As previous case law hat established that a fox trapped in an underground dwelling did not constitute being captive as defined in the Protection of Animals Act 1911 no offence was committed under this act either. A ban on fox hunting and digging would have given the RSPCA a chance of prosecuting this individual.

In May 1990 the Chairman and Vice Chairman of the East Surrey Badger Protection Society wrote a report for the National Federation of Badger Groups entitled The Case for the Protection of Badger Setts. This report played a major role in securing legal protection for badger setts which was enshrined in the Badger Act 1992. Enclosed is a summary of the data relating to serious disturbances to badger setts. You will note that of the incidents where the perpetrator was known 50%. (67 cases) involved foxhunts Of the unknowns local foxhunts were often suspected. Although acknowledging that the report was published 10 years ago hunts are still illegally interfering with badger setts and some have been prosecuted as a result We believe that hunts should not be allowed dispensation to block setts even under the proscribed methods detailed in the Badger Act 1992. The use of loose earth to block a badger sett although legal is extremely dangerous to badgers. Loose earth with a clay component can become sticky when wet and a hard frost can cause the badger to expend considerable energy digging itself out if it can at all. Even if the earth remains loose the act of the badger digging at the earth blocking its sett can cause the badger to entombing itself in a small chamber with a risk of suffocation. We would welcome any steps that would remove the hunt's legal dispensation to block badger setts.

The West Surrey Badger Group bas for a number of yean closely monitored the activities of the Surrey Union Hunt in co operation with the Surrey Police. The police have welcomed the presence of the badger group as this provides them with a readily available pool of expertise with regard to the occasions when the hunt have blocked badger setts or are digging into a subterranean dwelling after a hunted fox. There is no doubt that the presence of the badger group has had a sobering effect on the activities of the hunt's terriermen and has made it less likely that they will take liberties with badger setts. Despite the constant drain on the manpower of the group this monitoring is important. The group does not trust the hunt when it comes to the illegal interference of badger setts and the police do not have the expertise to recognise an active badger sett. There have been several occasions where group members have had to warn the hunt about a course of action that may have involved the illegal interference to an active badger sett. Without the presence of the badger group it is likely that such illegal interference would have taken place either through ignorance or indifference. However the group does acknowledge that it is not the intention of the hunt officials to harm badgers or their setts. The same cannot necessarily be said of some that have been involved in the terrier work for the hunt.

There is little doubt that the interests of foxhunting and badger protection inevitably come into conflict. The hunting fraternity tried hard to dilute the effectiveness of the Badger Act 1992 as they did not want it to interfere with foxhunting. They were largely unsuccessful but did get dispensation for blocking setts in certain proscribed ways. Both groups take the view that a ban on all aspects of foxhunting including a ban on fox digging would be a positive step for badger protection and we hope that the committee will take fully onboard the beneficial effects a ban would have for badgers. We believe that this view is supported by all our fellow badger groups including the National Federation of Badger Groups of which we are both affiliated to.

Yours sincerely

Appendix A

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Date uploaded to site 3 May 2000