Schedule 3 - Hunting with Dogs: Prohibition
Hunting Bill
10:30 am
Mr Mike O'Brien (Parliamentary Under-Secretary, Home Office; North Warwickshire, Labour)
I am happy to make it clear that under control does not necessarily mean on a lead. It may do so in the case of dogs who are not properly trained, but most dogs used for such work are likely to be trained and therefore would not have to be on a lead. However, they must be under control. The control may not be perfect, but it should enable flushing out and other objectives to be achieved without the dog seeking to injure or kill the animal. I accept that, in undertaking the activities to which the exceptions relate, the dog or dogs must be allowed some latitude, but the Bill ensures that the person responsible has them under reasonably tight control.
There has been much debate about how one stops a dog attacking and possibly killing the animal once it has been located. Members of the Committee will have noted that the Bill requires that ``reasonable steps'' are taken to ensure that that does not occur. Where a person has taken reasonable steps, but the dog nevertheless attacks the animal, may be a matter for concern, but no offence may have been committed. The key point is that the person who controls the animal takes reasonable steps, such as ensuring that the animal has been trained, to minimise the chance of that happening. This part of the schedule relies more than any other on the courts applying a degree of common sense.
Amendments Nos. 65, 97 and 117 would alter the sub-paragraphs relating to shooting an animal to the effect that it would not be a requirement to shoot dead the quarry in circumstances where a person believed that it would be unsafe to do so, or if the animal was ``otherwise killed instantly.'' The Bill states that the person invoking the defence is required only to take ``reasonable steps'' to ensure that the animal is shot dead. Clearly, in circumstances where it was unsafe to shoot, it would be unreasonable—and dangerous—to require a person to do so. Much will depend on the circumstances of each case, so I do not see the need to accept the amendments. The phrase ``reasonable steps'' requires reasonability, and we do not envisage that we shall require more than that. However, we do require people to take ``reasonable steps'' to ensure that the animal is shot dead.