Schedule 3 - Hunting With Dogs: Prohibition
Hunting Bill
4:45 pm
Mr Edward Leigh (Gainsborough, Conservative)
If the amendments are not accepted, somebody who permits a drag hunt to take place on his land might be caught by the provision. A drag hunt will be perfectly legal after the Bill is passed, but those involved in a drag hunt might inadvertently, or on purpose, take part in some kind of hunting activity.
Similarly, what is meant by the word ``permit''? Would the landowner have to give active or express permission, or would a mere failure render him liable? In various cases, the provisions are not clearly defined. It is not surprising that the National Farmers Union is extremely worried, as it sees that its members could be caught by the provision. As my hon. Friend the Member for Aylesbury said, land tenure in the countryside is extremely complicated. What might happen if someone had a nominal or indirect interest? What might happen to someone who was the landlord but whose farm was tenanted? An individual might own the freehold, but the farm might be leased to a third party. Would the tenant be prosecuted? Would the landowner be prosecuted? It is incumbent on the Minister to clarify those complex matters when he winds up the debate.
Landowners will be responsible, presumably, for taking steps to ensure that anyone who is lawfully on their land does not hunt. Does that mean that farmers and landowners will have the responsibility for policing the Act? Is that fair? Is that not a wholly unreasonable burden to place on them? Unsurprisingly, therefore, the National Farmers Union and Country Landowners Association are extremely worried about these provisions. The NFU describes their effect on its members thus:
``an extension of the law that would attract much resentment amongst those persons.''
The CLA points out:
``Paragraph 22, as it stands, means that any person who owns an interest in land, manages or controls the land, or occupies it, will be taken to own land, and thus be potentially criminally liable under paragraph 2.''
I hope that when the Minister replies he will explain to the Committee why the paragraphs under discussion are necessary. After all, the current criminal law would cover the kind of case that we are discussing. Under the criminal law as outlined in ``Archbold'', it would be fairly easy for the prosecution to prove that a landowner was aiding, abetting, counselling or procuring an illegal hunt that was taking place on someone's land.