Schedule 3 - Hunting with dogs: prohibition
Hunting Bill
3:00 pm
Mr Edward Leigh (Gainsborough, Conservative)
As I say, I live in hope. I know that hon. Members on the other side of the argument think that our arguments are not very strong, but on this occasion I hope that they will accept that we have a point. I can only assume that the matter was an oversight in the Bill.
Deer cause a lot of damage to trees. Presumably, those who want a balanced countryside realise that, sadly, deer must be humanely culled, so the exception makes no sense. If the Bill is not amended, will it be illegal to use dogs to trap an injured deer? That would be absurd. It would be inhumane to produce a Bill that prevents a wounded deer from being tracked and then dispatched humanely.
I am not a great expert on deer or mink, but I represent Lincolnshire, which is one of the foremost arable areas of the country. You will allow me, Mr. O'Hara, to make a brief reference to the fact that hares shelter in large fields. Many people in areas such as Lincolnshire and East Anglia are concerned that while their colleagues in more wooded countryside in the west of the country will be able to stalk a fox, hare or rabbit because they can be flushed out of cover, they will be unable to do so in Lincolnshire because there is far less cover and rabbits and hares do not shelter in cover. Apart from the stipulation that only certain mammals are covered by the exception, why is the question of cover also included?
My final point concerns paragraph 9 and amendment No. 88. Paragraph 9 states:
``It is a defence for a person charged with an offence under paragraph 1 to prove that the conduct to which the charge relates consisted of retrieving a rabbit or hare which had been shot.''
Presumably, therefore, it will be acceptable for one's dog to retrieve the rabbit or hare and, in retrieving it, to kill it. Unlike paragraph 10, paragraph 9 does not require that the animal be recaptured or shot dead. Therefore, the paragraph implicitly allows for the rabbit or hare to be killed. The Government clearly recognise the role that dogs play in retrieving shot rabbits and hares.
Two points arise from that. First, given that the welfare parameters make it acceptable for a dog to kill a rabbit or hare in certain circumstances, why cannot that method of killing apply in other circumstances? Secondly, if it is acceptable for a rabbit or hare that has been wounded by a gun to be killed by a dog, why cannot other mammals be retrieved or killed in that way? What is the Government's justification for telling a farmer or gamekeeper that he cannot allow his dog to retrieve a shot fox, weasel or mink, and that he will instead have to walk or climb over difficult terrain to collect and dispatch the animal himself?
The schedule is shot through with inconsistency and makes no sense. There is no consistency in respect of different species of wild mammals. There is no consistency in terms of the treatment of mink and deer, and foxes and rabbits. Nor, as far as I can tell, is there consistency in respect of the retrieval and dispatching of animals. For those reasons, I hope that the Parliamentary Secretary will agree that, on this occasion, we have a serious point.