Schedule 3 - Hunting with dogs: prohibition
Hunting Bill
4:45 pm
Mr David Lidington (Aylesbury, Conservative)
My hon. Friend is right. Lord Burns' famous phrase that hunting seriously compromises the welfare of the quarry animal would logically apply as much to falconry as to hunting with hounds. Therefore, although the Bill includes an exemption that my hon. Friend and I might both welcome, it seems at odds with the animal welfare argument put forward by so many hon. Members on the opposite side of the argument.
I have not participated in falconry. Although I have watched a few displays, I have never taken part in the practice involving the pursuit of live quarry, and my comments are therefore based on information from those who are expert in the pastime. As I understand it, falconers frequently use dogs for different purposes. They use pointers to scent out gamebirds or mammals, and spaniels or terriers to flush the animal out of cover so that the falcon or hawk can swoop down to catch and kill it. If pointers are doing the job that they have been trained to do, they do not flush out game in the sense of physically pursuing it and driving it out of cover, but stand motionless and indicate to the falconer or his assistants where the quarry animal is lying up. Given those circumstances, is the use of pointers by falconers covered by the exemption, which deals with the use of dogs in flushing out and stalking, not in scenting game?
What happens if a dog with a falconer reaches the quarry ahead of a hawk or falcon? I am told that that is a far from unusual experience. Paragraph 7(3)(c) makes it clear that the exemption from a criminal offence applies if the mammal is being stalked or flushed out so that it can be hunted by a bird of prey. However, it is possible—and often a reasonable expectation—that a dog will pursue a mammal that it scents or sees and get there ahead of the bird, which may be circling in flight a considerable distance away while looking for prey over a large area. Is there any risk that people may face prosecution in such circumstances?