This is our chance to close the loopholes and get a real foxhunting ban
The Scottish Government is currently consulting on proposed changes to the Protection of Wild Mammals Scotland) Act 2002 (the foxhunting ‘ban’). The consultation website is here.
This is our chance to close the loopholes in Scotland’s legislation that allow fox hunting to continue. That is why we have put together this short and simple guide to aid you in responding to the consultation. It should only take 10-15 minutes of your time.
We, like you, want a full foxhunting ban. However, working towards legislative change is not straightforward, as you will start to see if you choose to look at the background information on the links below. Some of our answers to the consultation may not reflect what we would ideally like to see but will offer a significant improvement in animal welfare compared to the current situation.
The multiple-choice questions in the consultation restrict the answers we are able to give. In this blog we will explain how we plan to answer and our reasoning for answering as we do. We will also suggest some important points you may want to make in the sections that allow comments. Please answer in your own words as much as possible.
The consultation closes on 15 December so please make sure that you have responded by then.
Background
The Protection of Wild Mammals (Scotland) Act 2002 is the law that was supposed to ensure a foxhunting ban. Unfortunately, various disagreements and amendments during its passage through Parliament resulted in a confusing and ineffective piece of legislation. It has several exceptions that have turned out to provide loopholes, allowing foxhunting to continue.
Recognising the problems with the Act, in 2016 the Scottish Government commissioned Lord Bonomy to review the Act. You can read our blog, written at the time, explaining the Bonomy review here, and our response to the follow-up consultation, conducted between October 2017 and January 2018, here.
The Scottish Government now plans to introduce most of Lord Bonomy’s recommended changes, as well as some additional changes. As they have already consulted on Lord Bonomy’s recommendations, the current consultation is only related to those additional changes.
The consultation
For each question we show how we plan to answer. For the questions that allow comments we have given some points you may want to consider and include in your consultation response. The parts titled ‘Explainer’ aim to help you understand the reasoning behind each answer.
Section 1 – limit on the number of dogs used to flush wild mammals
- In situations where the use of dogs is permitted, including searching for or flushing a wild mammal to waiting guns, do you think the Scottish Government should limit the number of dogs that can be used to two?
Our suggested answer is Yes
There is no space for comments on this question
Explainer: Ideally, we would not want any use of dogs to be permitted. Unfortunately, that is not given as an option here. Some exception to the law to allow killing of foxes, for example, to protect farmed animals, will probably remain. Using only two dogs to flush wild mammals to guns, although something we strongly object to, is preferable to the current situation using full packs of dogs. Answering no to this question would be understood as support for the current situation.
- If a two dog limit were to be introduced, should the Scottish Government introduce licensing arrangements to allow the use of more than two dogs in certain circumstances? If you answered yes, please briefly explain the circumstances under which more than two dogs would be needed (max 150 words).
Our suggested answer is No, with no further comment
Explainer: It seems to be inevitable that the use of two dogs is likely to be permitted in some circumstances, but we do not want to see larger numbers of dogs used. It is harder to keep larger numbers of dogs under control and there is more likelihood of a chase or of the wild mammal being killed by the dogs.
- If licensing arrangements to permit more than two dogs in certain circumstances were to be introduced, should there be a limit to the number of dogs that could be used? E.g. no more than four dogs, six dogs etc.
Our suggested answer is Max. number: 0
There is no space for comments on this question
Section 2 – trail hunting
- Do you agree that the Scottish Government should ban trail hunting?
For the purposes of this consultation we are defining trail hunting as:
‘The hunting of a scent laid manually in such a way as best to simulate traditional mounted hunting activity. The trail is laid along the line a fox might take when moving across the countryside. Trail hunters use animal-based scent, primarily fox urine, a scent with which the hounds are familiar and with which it is intended they should remain familiar.’
Our suggested answer is Yes
There is no space for comments on this question
Explainer: The foxhunting legislation passed in England and Wales in 2004 has a two dog limit for stalking or flushing to guns (which is allowed under exemptions, similarly to our law). Since then, England and Wales have seen the establishment of trail hunting being used as a cover for illegal foxhunting. The Scottish Government aims to avoid a similar problem emerging in Scotland; if it reduces the permitted number of dogs to two, flushing to guns with a full pack will no longer be available as a cover for illegal hunting, so those looking for such a cover story may turn to trail hunting instead. It is good that the Scottish Government is pre-empting this problem, and we support a ban on trail hunting.
- Other than for the purpose of laying a trail for sport as outlined in question 4, are you aware of any other activities or circumstances which may necessitate the setting of an animal-based or artificial scent for dogs to follow? If you answered yes to question 5, please explain the reason for your answer here (max 150 words)
We suggest that you ignore this question or answer according to your own knowledge.
Explainer: There are some other reasons that a scent may be laid for dogs to follow. However, none of them should result directly in harm to wild mammals, and their use should not interfere with a ban on trail hunting.
Section 3 – mammals covered by the 2002 Act
- For the purposes of this Bill do you agree with the current definition of wild mammal?
The 2002 Act defines a wild mammal as including ‘a wild mammal which has escaped, or been released, from captivity, and any mammal which is living wild’. However, rabbits and rodents[3] are excluded from this definition. This means that this Act does not prohibit the use of a dog or dogs to hunt and kill a rabbit/s or rodent/s. However, some species of rodents such as beavers and red squirrels are afforded certain protections within other wildlife legislation[4].
Our suggested answer is No
- If you answered no to question 6, do you think that:
Our suggested answers are:
Rabbits should be included in this definition
Some but not all species of rodents should be included in this definition
Please add any further comments on this section here (max 150 words):
- All mammals are known to be sentient and should receive equal protection under the law.
- Decisions should be based on evidence and ethics, not human convenience.
Explainer: This is a challenging issue. As a matter of principle, we believe all mammals should be included in this definition; because they clearly are wild mammals and because we don’t believe in categorising animals to allow some to receive less protection than others.
However, some of the ways that rats and mice are currently killed, other than by dogs, are extremely cruel. These include being caught in glue traps where they may suffer immensely for hours before dying or being killed, and certain poisons that cause slow, agonising deaths. In contrast, being killed by terriers is a more humane death. If rats and mice are included in the definition of wild mammal for the purposes of this Bill, then using terriers to kill them would become illegal. A possible consequence of this is that people would then use the other, worse methods instead.
We are working to get glue traps and cruel poisons banned too. But until that happens, it may actually be better for the welfare of rats and mice to not include them under this legislation, counter intuitive as that seems.
There should be a better way to exclude them than saying that they are not wild mammals, which seems nonsensical. However, this approach is also used in other legislation. Starting from scratch we would suggest doing it differently, but as the legislation has been written it would be hard to change now.
Some other rodents, though, such as beavers and squirrels, should be included in the definition and protected under the Act, which is why we will answer ‘some rodents but not all’. We would like to see rabbits included in this definition.
- For the purposes of this Bill, do you agree that a person should be allowed to use dogs to stalk, search and flush wild mammals for the purpose of controlling the number of a ‘pest’ species?
The 2002 Act permits the use of dogs to flush from cover or from below ground for a number of different purposes including the purpose of ‘controlling the number of a pest species’. The 2002 Act defines pest species as; foxes, hares, mink, stoats and weasels.
Our suggested answer is No
Explainer: OneKind is opposed to the use of labels like ‘pest’ that malign certain species and cultivate an attitude that they should be killed routinely. Animals such as foxes and rats have been vilified for so long that is considered normal to kill them or treat them badly, without questioning the reason for doing so or possible alternatives.
We do not support the killing, harm, or disturbance of wild mammals but, when it is deemed necessary, we recommend the seven principles of ethical wildlife control should be followed. These principles say that any action taken should be justified with evidence, be well planned, and should use methods that cause the least animal suffering. Following such a framework for decision making would avoid certain animals being targeted simply because they have been labelled as ‘pests’. We believe this word should be removed from the legislation, and from any use when discussing animals.
- For the purposes of this Bill do you agree with this definition of pest species?
The 2002 Act defines “pest species” as foxes, hares, mink, stoats and weasels.
Our suggested answer is No
- If you answered no to question 9, do you think that:
Our suggested answer is:
None of the mammals listed should be included in the definition of pest species
Please add any further comments on this section here (max 150 words):
- There should be no definition of pest because it is a word we should stop using.
- Calling certain species ‘pests’ is a way to justify giving them less protection than other animals. This is not logical, scientific, or ethical.
Section 4 – hare coursing
Under the 2002 Act, it is an offence to use dogs to hunt brown and mountain hares (hare-coursing) however, we are aware that illegal hunting still continues in some areas. We are considering whether there are any further changes to the law which could discourage this practice.
- Do you think the current legislation provides sufficient protection in order to tackle hare coursing in Scotland?
Our suggested answer is Don’t Know
Please explain the reason for your answer here (max 150 words):
- Hare coursing is still happening, which is a problem, but it is not clear if the problem is the law itself, or how it is enforced.
Section 5 – comments
- If you have any other comments on the proposals we have set out in sections one to four of this consultation or if there are any further measures relating to the hunting of wild mammals with dogs that you think we should consider please provide them here (max 350 words).
- It would be better to have no exceptions at all to the Protection of Wild Mammals (Scotland) Act 2002. However, if exceptions are to continue, they should be only for extra-ordinary circumstances and using two dogs only. The wording should be chosen carefully to avoid the type of loopholes that have so far allowed foxhunting to continue.
- For any killing, harming or disturbance to wild mammals there should be a standard decision-making process based on evidence and ethics.
Thank you for taking the time to respond to the consulation. This is our chance to close the loopholes that allow fox hunting to continue. All of our work is funded by generous donations from supporters and the public. If you would like to contribute to our work to protect animals, you can make a donation here.
Please leave the Fox alone, Grow the hell up UK and stop killing Fox!
Stop killing all animals. Every life has as much right as another. We as humans have no right to decide on the life of another creature. We are arrogant selfish creatures.
I have visited Scotland several times but will not go again if the treatment of all animals does not improve. Fox Hunting is atrocious, cruel and reflects poorly on Scotland.
I agree fox hunting is atrocious. However, the practice is not confined to Scotland, In fact it is more commonly practiced in other parts of UK
Stop killing wild animals. It’s outrageous to hunt & kill wild animals by pretending it’s a sport. It’s not a sport it’s barbaric whether it’s fox hunting, hare coursing, badger baiting it’s a heinous thing to do to defenseless animals.
Cruelty to animals is a disgrace in the twenty first century!
Stop this utterly cruel, nonsensical and anachronistic practice! All animals including wild animals should be able to live a life free from human abuse and cruelty!
Animal cruelty is unacceptable!
We need to protect the lives of our wildlife and stop using them for cruel sports. All animals deserve to be treated with kindness and should have the right to live in peace and not in fear.
We need to protect the lives of our wildlife and stop using them for cruel sports. All animals deserve to be treated with kindness and should have the right to live in peace and not in fear. I love fox.
In this day and age, entertainment has vastly improved. If you find the need to hunt and allow dogs to shred a fox apart you need to widen your horizons.
Stop the barbaric act save our wildlife…its not just the wildlife pets have been caught in the crossfire and that’s not on.
Stop the cruelty against foxes! This is unacceptable.
The intelligent, dignified and graceful foxes live all around my neighbourhood. To even think of scaring or hurting the animal is grossly obscene.
Are we a civilised country or not?? If we are then stop killing foxes or any wildlife!
There was a time when humans had to hunt in order to survive. Today there is no ethical justification to hunt wild animals. To kill sentient beings is barbaric and not worth of a developed society.
I can’t believe in this day and age we still allow the barbaric treatment of wild animals. Naming them pests or vermin allows the law to think the morons killing our wildlife are doing everyone a favour. They are not. They are disgusting individuals
Basta del sadismo contra los animales.
Please stop killing beautiful foxes and ban fox hunting for life because it is disgusting and very cruel for killing innocent foxes for fun and sports.
It beggars belief that we allow this sadistic, cruel killing of our wildlife. It promotes enjoyment of watching beautiful animals die in shiny. What does that say about our society? It shames us. It must stop.
It’s a barbaric practice that should not be reinstated .
Of course fox hunting should completely banned. I cannot understand why any decent person would take part in such a despicable act. Cruelty to any animal is immoral and disgusting.
It is not fox “hunting ” , as hunting implies needing the animal for food or clothes – this is a group of dressed up sociopaths , who get thrills, out of seeing a life, die . It is repugnant & should have ended decades ago
60% of the animals on Earth are domesticated, sheep, cows pigs dogs cats etc. 36% are human. Only 4% of the mammals on the planet are wild animals. Killing the very few creatures we have left for the pleasure of a maladjusted minority is beyond barbaric, it’s execrable.
Fox hunting should be banned, absolutely. Every living being deserves better.
Please do your utmost to prevent the continuation of this barbaric practice .
JUST SAY “NO!” It is just not acceptable to kill any animal for ANY reason!
it is wrong to hunt a fox in its native home.
it is wrong to hunt the fox in its natural habitat.its home.
Fox hunting supposed to be banned in UK people who do it are nasty barbaric humans that should be locked up for no less then 10 years.
Fox hunting is not a sport its cruel and shojld be banned
The time has come to ban fox hunting. I do however think that the killing of mink should be allowed they are not native and kill wildlife other than that I agree with most of the above comments. Leave foxes to preserve the balance among wild creatures as they have done for centuries.
Fox hunting is outdated and sick. anyone who enjoys watching any animal being killed nether mind ripped to pieces by a pack of dogs is sick. Animals have as much right to live on this earth as does mankind. They should not be subjected to this old fashioned so called sport for human enjoyment
Stop killing foxes full stop. All the killing to be banned. Thus is a cruelty.
Fox hunting is not a sport, it is an abomination
Stopp für diese perverse Tierquälerei!
Sie ist einer zivilisierten Gesellschaft unwürdig!
I abhor the idea of killing these beautiful creatures for the pleasure of these cruel individuals
Stop killing animals. What kind of beings look down a gun, see an animal in it’s sight running away and then shoot it, or set an inhumane trap knowing an animal will suffer a slow painful death, or set dogs on an animal knowing they will tear it apart. I am appalled, angry, sick to my stomach that humans can do this.
Let’s hope the Scottish government make some real changes that are transparent and reflect the populations ask. This is an opportunity for them to show their sense of compassion and they have a responsibility to Scottish wildlife to ensure proper laws are adopted here ( and reinforced with a consequence!) rather than typical political loop holes that are self serving of a culture that find blood sport enjoyable! Fox hunting is unnecessary, cruel and no longer acceptable.
In section 12 I have added:
There should be limitations on the rights to own and train dogs and licencing for this purpose so that only authorised persons can carry out such activities where deemed necessary. This would ensure that it is carried out in an organised and rational way and not merely as ‘sport’.
Killing foxes is totally barbaric and should be consigned to history. – why are you so out of date and lacking in compassion inScotland?
The killing of foxes for sport or any other matter is so wrong cruel and should be stopped how is right to allow dogs to rip a animal apart still being alive and the people that do this clearly enjoy it please stop it so many people love foxes they are just trying to survive and actually do a lot of good for some farmers.
Fox hunting should be completely banned. It’s barbaric.
Fox hunting should be completely banned. It should not have been allowed in the first place.
Is this where I respond? Not clear. I was expecting a series of questions as above.
Hi Angela,
To respond to the consultation click the link at the beginning of the blog, then scroll down to the bottom of the page and click where it says ‘begin consultation’.
Fox hunting is cruel, sick totally unacceptable these animals like any wild animals like wildcats, pheasants and rabbits should be BANNED completely as they are wild animals and should be left in the wild as nature intended. If we continue to kill everything that moves there will be no animals left for the rest of us to admire.
Any animal hunting should be banned, but the way foxes are used for sport for the rich is sick. Please let them live in peace this needs to stop now.
I’m deeply ashamed that fox hunting is still going on in Scotland and urge the Scottish Government to totally ban it. And also ban wire snares and other vile traps which indiscriminately cause lingering suffering before death to other wildlife, including species that are now becoming endangered.
The majority of people admire and love the diversity of our wonderful wild animals and birds and wish them protection from mindless human predators. Life is very tough for these animals and it is very noticeable that there is very much less road-kill to be seen, and that is a very good indication that the wildlife is in decline.
Please stop this barbaric act
I can’t for a minute know how the foxes, beautiful wild creatures, must be feeling as they run for their lives. Run from a pack of angry, fierce dogs. It’s unbearable to think of the fear the fox must feel. And not just the dogs but the hunters on their expensive horses with their red ‘costumes’ thinking they’re the bee all. DISGUSTING
Ban all forms of riding in the countryside with any group of riders of more than 4 at a time and with absolutely no dogs or hounds with the riders no form of horn to be blown at any time ( disturbs any wildlife in the vicinity) and absolutely no form of trap to be carried or laid and heavy fines to be imposed ‘new life for wildlife’ bill
There’s no place in the modern world for hunting with dogs.
I was under the impression that hunting with dogs was banned a decade ago. Why are we still hearing it still happens in the UK? Ban the hunting all hunting in the UK stop the cruelty to animals snd protect the small amount of wildlife we have left. Jean Smith 😡
We have to support these beautiful foxes
Living in constant fear of survival , being a permanent target of a gun, hunting dogs and being hunted
There should be no hunt or any number of hunting dogs, STOP THE HUNT It is barbaric STOP end of .
BAN BAN BAN!! It’s disgusting, unacceptable and an excuse for posh scumbags to kill. These “people” don’t care about their own animals let alone wildlife!
Nature is struggling alone yet we persistently feel the need to push for the most vile pursuit of Fox hunting. STOP NOW
This act is barbaric and humans need to learn to keep all animals safe and free
Recently I heard the news of lion died of hunger and Niobe took a notice of it , it broke my heart so please please respect nature before it gets disappeared from the face of the earth
Until all activities related to fox hunting are banned, there will always be smokescreens and people arguing it wasn’t their intention when another poor fox or pet gets torn apart. We are supposed to be civilised. There is absolutely no justification for hunting/trail hunting and all the abuse within its industry including that towards horses and dogs. Fox populations regulate their numbers after deaths and a new fox will quickly take over a territory of a killed fox. They are intelligent, playful and loving wild animals who are entitled to our respect and protection.
I’m shocked by the Scottish Govt obviously responding to wealthy lobbyists. Fox hunting is killing for entertainment. It does not speak well of the govt’s moral compass or humanity. The only voters in favour will have financial and sporting investment. The rest of the people understand ruthless self-interest.
Let’s be civilised and stop this cruel activity. There is no need for this vile pursuit of fox hunting
Stop hunting now!!! Barbaric and unacceptable..
Stop this evil so called sport. Its cruel. All animals feel fear and pain. They deserve to be treated with respect and kindness.
The one word that sums it up is barbaric! Not only is the ‘hunting process’ a danger to all animals involved with the dogs crossing busy roads, horses potentially injuring themselves jumping over barbed wire fences and of course the foxes getting ripped to shreds, but it’s also a danger to the general public in the surrounding area with possible traffic accident occuring due to dogs darting across the roads. There is no argument that can justify the potential loss of all of these lives!
Thank you to One Kind for highlighting this consultation, encouraging its completion, and providing support to do so! And for all the fighting for animal welfare that you do.
Stop this outdated and cruel activity. The majority want it wiped out. The law should be upheld and groups prosecuted.
Hunting with dogs in any form is barbaric, trail hunting has been used as a smoke screen while the main aim is to hunt down foxes. We have a section of our communities who use every excuse to justify hunting with dogs, well, I’m sorry, we moved out of caves centuries ago, it’s time you grew up and moved into the real world, fox hunting, hare coursing and badger baiting need to be made a serious criminal offence with heavy fines and prison for repeat offenders. Game keepers continue to poison birds of prey to protect their pheasants, with the support of their employers, when keepers are prosecuted their employers should fined as well by association!.