A “GALLING” loophole in Scotland’s plans to crackdown on hunting with dogs could see people who break the law on land owned by the Crown escape punishment, the Scottish Greens have said.
The Hunting with Dogs (Scotland) Bill – which is at Stage 3 of the legislative process – will make it an offence to hunt a wild animal with a dog except in limited circumstances. It will also be an offence if someone “knowingly causes or permits another person” to hunt with a dog.
However, exemptions under section 25 of the bill mean that officials will need permission from the royals, or the authority managing land in their stead, to investigate any suspected offence which has taken place on property owned by the Crown.
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The Greens said that the royal loophole would give land managers a veto over evidence gathering on Crown Estate land – which stretches to some 37,000 hectares in Scotland.
Ariane Burgess (below), the Scottish Greens’ spokesperson for rural affairs, said that the Hunting with Dogs (Scotland) Bill “falls far short of what is required”.
Burgess said: “Given the long historic links between the aristocracy and hunting, it’s particularly galling to see a potential loophole which could block police from entering Crown land to gather evidence in cases of suspected illegal hunting.
“King Charles, his staff, and associates should all be subject to the same laws as the rest of us, and it’s not right that police will need to ask for permission to do their job.
“I’ll be discussing with the Scottish Government how to strengthen this bill at the final stage later this year, including ensuring the royal family are subject to the same legal requirements when it comes to animal welfare as every other citizen in Scotland.”
The bill falls under the category of “field sports”. Along with private schools, Nato membership, and international relations, this was one of the areas exempted from the “Bute House Agreement” with the SNP that brought the Greens into government.
At Stage 3, MSPs will be able to propose amendments to the bill, which will be voted on by parliament. A date for this debate has not yet been announced.
The new bill will replace the Protection of Wild Mammals (Scotland) Act 2002, ensuring it will “always be illegal to chase and kill a wild mammal using a dog”, according to the Scottish Parliament website.
Scottish Labour have also said that the new bill does not go far enough and will allow hunting with dogs to continue under a licensing system.
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Colin Smyth MSP said the current laws are being ignored in letter and in spirit. “Hunts have shown that they will ruthlessly exploit any loopholes, so our laws must be watertight," he said.
“Instead, the SNP are determined to repeat history by watering down their legislation with an unnecessary licensing scheme.
“We cannot licence cruelty and we cannot let this barbaric sport continue in any form.
“Labour will keep fighting to close this loophole and deliver a real ban on fox hunting once and for all."
Environment Minister Mairi McAllan (below) said the Hunting with Dogs (Scotland) Bill will end loopholes.
“The chasing and killing of wild mammals for sport has no place in modern Scotland, but loopholes in existing legislation have allowed this illegal activity to persist.
“The Hunting with Dogs Bill aims to close those loopholes.
“Protecting wild mammals from cruelty is a priority but it is important to note that foxes can cause significant harm to livestock.
“So, while we work to end illegal hunting and pursue the highest standards of animal welfare, we must ensure that farmers and land managers have access to control measures that are both efficient and humane.
“I am pleased with the progress that the bill has made so far and I look forward to the stage three debate early next year.”
A Scottish Government spokesperson also said the new bill was about closing loopholes.
They said: “Chasing and killing a mammal with a dog, for sport or otherwise, has no place in modern Scotland – indeed it has been illegal for twenty years.
"The Scottish Government is seeking to close loopholes which have allowed that already illegal activity to persist, and our aim is to do that in a way that facilitates legitimate predator control while upholding the highest animal welfare standards.”
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