Act needs 'reckless behaviour' clause
I WAS very interested to read the letter Hunt Act must be strengthened, Points of view, January 12, by Chris Gale. This important matter appears to have received little publicity despite the prospect of bringing an end to hunting with dogs for sport in accordance with the spirit of the Hunting Act 2004.
Your correspondent draws attention to the animal welfare organisation Protect Our Wild Animals which has a website, www.powa.org.uk, giving details of its proposal to amend the Hunting Act 2004 to facilitate prosecution of offenders.
Chris Gale rightly points out that the Act, although basically sound, does not contain a 'reckless behaviour' clause. This could result in the Crown Prosecution Service being deterred from bringing illegal hunters to court if the Service would have to prove that offenders 'intended' to hunt a wild mammal with a dog.
There have been several recent incidents where huntsmen say they did not intend to go hunting, but their hounds pursued a fox accidentally.
John McDonnell MP and other MPs have, in consultation with POWA, tabled an Early Day Motion in the House of Commons (EDM 122) with a view to introducing legislation to amend the 2004 Act to make it an offence to 'cause or permit' the hunting of a wild mammal with a dog.
This facilitates prosecution as it would not be necessary to prove 'intent' and offenders could no longer claim 'accidental hunting' as a defence.
John Phelps
Argyll Road, Exeter
(by email)
4 Comments
by Giles Bradshaw, Rose Ash
Friday, January 16 2009, 11:53PM
“It would also make anyone who takes a dog for a walk which then chases a squirrel in the park a criminal.”
by Objectionable objector, Exmouth
Friday, January 16 2009, 3:54PM
“John Phelps: you obviously haven't experienced low wages, unemployment or rural poverty. Can we hunt you for fun?”
by John Phelps, Exeter
Friday, January 16 2009, 2:49PM
“David Weston is entitled to express his point of view, but in my view the pursuing and tearing apart of live mammals for fun is a more important problem that low wages, unemployment and rural povety.”
by David Weston, Exeter
Thursday, January 15 2009, 9:16AM
“Oh - please.
We have had a host of these letters from the opponents of hunting and shooting. They repeat the same old arguments and it is getting very boring.
In my view as a neutral observer, they anti-hunting lobby has got most of what they asked for, and people are still able to 'hunt'. There was never any plan to stop shooting or fishing.
There is a large coterie of hunt supporters in rural Devon and the 'ban' hasn't reduced their numbers that much, ashowing the popularity of the activity.
So please, unless you have something new to say on the subject, why don't you concentrate on the more important problems of Devon life - low wages, unemployment and rural poverty.”