Hares Preservation

– in the House of Commons on 14th May 2019.

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Motion for leave to bring in a Bill (Standing Order No. 23)

Photo of George Eustice George Eustice Conservative, Camborne and Redruth 12:46 pm, 14th May 2019

I beg to move,

That leave be given to bring in a Bill to prohibit the killing or taking of hares during the breeding season;
to repeal the Hares Preservation Act 1892;
and for connected purposes.

One of the things that we all need to learn when we are first elected to the House is that it can be surprisingly difficult to get things done. A Minister who remains in one place for long enough will, slowly but surely, get important issues over the line, but not everything. For me, following my time in the Department for Environment, Food and Rural Affairs, modernising our rules relating to hare preservation and, in particular, a close season on the shooting of hares remains unfinished business.

Hares are an iconic and much-loved species, famed for their boxing behaviour in March. However, their population has fallen to an estimated 800,000, from what was thought to be about 4 million in the mid to late 19th century. Our hare population is under increasing pressure from disease—including the rabbit haemorrhagic disease virus, which was identified in hares in January this year—and also from illegal hare coursing.

Let me take this opportunity to commend the work that the police are doing to tackle the illegal gangs who are responsible for hare coursing. Yesterday, I spoke to Phil Vickers, the national lead on these issues. We are now seeing far more police co-operation and co-ordination nationally. Police forces in Lincolnshire, Cambridgeshire, Humberside and North Yorkshire are working together and sharing intelligence. The police estimate that about 150 hardened individuals are responsible for the majority of these illegal hare coursing events. Last year, the police prosecuted 47 individuals in Lincolnshire alone, so progress is being made. The police would welcome some changes in the law, such as a provision to make it easier for them to seize dogs and recover the cost of kennelling them, but that will be a matter for a different piece of legislation on a different day. My Bill addresses the shooting of hares.

The Government estimate that about 300,000 hares are shot each year, mostly during February and March. That figure sounds quite high, so when I first heard it, I felt some scepticism, and I took the liberty of talking to a gamekeeper on the Babworth estate, Jonathan Davis, about how it was possible for it to have become so high.

The figures are broadly as follows. There are 3,900 registered shooting estates in the UK. It is estimated that about 80% of them do not shoot hares, mainly because those in the shooting community increasingly recognise the plight of our hares and want to play their part in protecting them. However, around 20% of shooting estates—that is 780—still run organised hare shoots. They typically run across three days and the average take per day is 100 hares. If we add to that some of the more informal hare shoots that take place on farms, especially in Lincolnshire and East Yorkshire, we quickly realise that an assessment of 300,000 hares killed per year is indeed realistic, and if we set that against the estimated population of just 800,000 hares nationally, we see that that is of great concern.

A key tenet of all game and wildlife conservation is that we should protect species during their breeding season. That is why we have statutory close seasons on everything from ducks and pheasants through to deer, woodcock and geese. There are also animal welfare issues in targeting species during their breeding season. A baby hare—a leveret—will be dependent on its mother for typically four weeks after it is born, and if its mother is killed, the leveret will perish, which is a welfare concern.

As long ago as 1892, our Victorian forebears recognised the need to protect hares during their breeding season. The Hares Preservation Act 1892 introduced what was called a close time during the breeding season and it delivered this close time in those days through implementing a ban on the sale of hares or hare meat during the months of March to July inclusive. This 127-year-old law remains in force today, but it predates the advent of refrigeration and freezer technology, and it was also introduced in an era when hares were hunted predominantly for food, not shot, as now, for sport. As a result, the 1892 Act is hopelessly out of date; it is no longer effective. It is, indeed, no longer even enforced. It also leaves in place a peculiar anomaly and legal uncertainty in some areas that a game pie sold from the freezer by a pub cannot be sold during the months of March to July inclusive even though the hare may have been killed during the winter months.

My Bill would replace the 1892 Act with its ban on sale with a modern-day close season prohibiting the killing or taking of hares during the breeding season. Northern Ireland and Scotland already have such legislation in place; indeed, virtually every other European country that has a brown hare population protects its hares. We in England and Wales are unique so far in failing to do so, and this is an oversight that must be addressed.

In Scotland, the close season runs from the beginning of February, and I am open to discussion about precisely when the close season should be for England and Wales. My starting point is that at the very least it must replicate the provisions of the 1892 Act and cover the months from the beginning of March to the end of July, but there is a very strong case to have protection at least from the beginning of February, possibly even earlier, since we know that hares are capable of breeding during February, and in practice the shooting estates that still run hare shoots do not really shoot hares during the winter months because they are targeting game birds, and there are also safety concerns in shooting hares in a shoot if they are targeting, for instance, pheasants. What they actually do, when the close season for game birds begins at the end of January or beginning of February, is have another month or two when they run hare shoots; that gives them a commercial income during February and March.

I should add that I am also open to making provision to license culling in certain circumstances to prevent severe damage to crops, or to have some kind of limited farmers’ defence as provided in other legislation such as the Deer Acts.

Occasionally, this House passes small but important legislation, which can get forgotten or even neglected over time. Despite multiple better regulation initiatives by Governments of all colours over the decades, Ministers and Whitehall have collectively repeatedly decided that now is not the time to take action. This House has chosen not to repeal this hare legislation because it recognises that its intent and purposes are as valid, or more valid, today than ever before, yet this House and successive Governments have failed to take the action necessary to make this legislation effective in a modern era.

I want to persuade the House that now, finally, is the time to put this right and introduce a modern close season to safeguard our hares, because in January this year the Department for Environment, Food and Rural Affairs identified the rabbit haemorrhagic disease virus 2, which has devastated our rabbit population, in hares for the first time, and estates right across East Anglia are reporting a worrying concern. With the instant die-off of hares and many hare carcases being found, it is clear that the RHDV2 is having a devastating effect.

As our hare population—what is left of it—faces this threat, it is essential that we act now to reduce the mortality of our hare population and to afford our hares the protection they deserve.

Question put and agreed to.

Ordered,

That Neil Parish, Jim Fitzpatrick, Norman Lamb, Sir Roger Gale, Henry Smith, Theresa Villiers, Helen Goodman, Simon Hoare, Sir Greg Knight, James Cartlidge, Jeremy Lefroy and George Eustice present the Bill.

George Eustice accordingly presented the Bill.

Bill read the First time; to be read a Second time tomorrow, and to be printed (Bill 390).