This Memorandum refers to the Hunting Bill as introduced in the Northern Ireland Assembly on 16 November 2010 (Bill 5/10)

HUNTING BILL

Explanatory and financial memorandum

INTRODUCTION

1. This Explanatory and Financial Memorandum relates to a Member’s Bill - the Hunting Bill. It has been prepared on behalf of Mr Brian Wilson (the Member in charge of the Bill) to assist the reader in understanding the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.

2. The Memorandum needs to be read in conjunction with the Bill. It is not, and is not meant to be, a comprehensive description of the Bill.

BACKGROUND AND POLICY OBJECTIVES

3. The Bill will prohibit the hunting of wild mammals with dogs except where it is carried out in accordance with the conditions of an exemption.

The Bill provides for enforcement including provisions for penalties and search and seizure.

4. The Member’s legislative proposals are intended to largely replicate the provisions of the Hunting Act 2004 which extends only to England and Wales.

CONSULTATION

5. Brian Wilson MLA launched the consultation on his legislative proposals to ban the hunting of wild mammals with dogs on Monday 5th April 2010. Details of the consultation were put up on the Green Party website and relevant organisations including animal welfare groups, conservation groups and hunting and coursing bodies were informed directly by letter. The press launch, which was covered by three regional papers and the BBC, was held on Wednesday 7th April. The consultation closed at 5pm on Friday 7th May 2010.

There were a large number of responses to the consultation expressing various views, ranging from those who felt that there should be extra offences added to the proposed Bill to others who felt that the proposed Bill should not proceed at all. As a result of the consultation Mr Wilson concluded that the provision in the proposed Bill struck the right balance and did not see the need for any changes at this point.

6. Following the consultation the main options considered were :-

(1) To proceed with a Bill that would largely replicate the legislation applicable in England and Wales - the Hunting Act 2004.

(2) Not to legislate to ban hunting.

The Member has chosen to proceed with a Bill for Northern Ireland to ban the hunting of mammals with dogs.

OVERVIEW

7. The Bill has 11 clauses and one Schedule.

COMMENTARY ON CLAUSES

PART 1 OFFENCES

Clause 1: Hunting wild mammals with dogs

9. Clause 1 makes it an offence for a person to hunt a wild mammal with a dog unless the hunting is exempt.

Clause 2: Exempt hunting

9. Clause 2 provides that the classes of hunting which are exempt from the offence in clause 1 are specified in the Schedule.

Clause 3: Hunting assistance

10. Clause 3 makes it an offence for a person knowingly to permit land which belongs to him to be entered or used, or to permit a dog which belongs to him to be used, in the commission of an offence under clause 1.

Clause 4: Hunting: defence

11. Clause 4 provides that it is a defence for a person charged with an offence under clause 1 to show that the hunting concerned was exempt under clause 2.

PART 2: ENFORCEMENT

Clause 5: Penalty

12. A person found guilty of an offence under this Act is liable on conviction in a magistrates’ court to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 5 on the standard scale (currently £5,000) or both, or on conviction in the Crown Court to imprisonment for a term not exceeding 2 years or to a fine, or both.

Clause 6: Search and seizure

13. Clause 6 confers powers of search and seizure where a constable reasonably suspects that a person is committing or has committed an offence under this Act. Subsections (2) and (3) authorise the constable to stop and search that person and any vehicle, animal or thing in his possession or control, while subsection (4) authorises the constable to seize and detain any vehicle, animal or other thing if he reasonably believes that it may be used as evidence in criminal proceedings for an offence under the Act or may be subject to a forfeiture order under clause 7.

14. Subsection (5) provides that for the purpose of exercising these powers of search and seizure a constable may enter land, premises other than a dwelling or a vehicle.

15. Subsection (6) provides that the exercise of these powers does not require a warrant.

Clause 7: Forfeiture

16. Subsections (1) and (2) give the court the power to make an order for the forfeiture of any relevant dog, vehicle or hunting article against a person convicted of an offence under this Act. “Hunting article” is defined in subsection (3). Subsections (4) to (6) make further provision in respect of forfeiture orders and the destruction, disposal or return of dogs, vehicles and hunting articles.

17. Under subsection (7) a person commits an offence if he fails to comply with a forfeiture order or fails to co-operate with a step taken to give effect to a forfeiture order.

Clause 8: Offence by body corporate

18. Clause 8 provides for offences by a body corporate.

PART 3: GEBERAL

Clause 9: Interpretation

19. Clause 9 defines a number of expressions which appear in the Act. Subsection (1) defines wild mammal, subsection (2) concerns what constitutes hunting a wild mammal with a dog and subsections (3) and (4) set out the circumstances in which land or a dog belong to a person for the purposes of the Act.

Clause 10: Commencement

20. Clause 10 provides that the Act shall come into force three months after it is passed.

SCHEDULE - EXEMPT HUNTING

21. The Schedule sets out the classes of hunting with dogs which are exempt under clause 2 from the offence in clause 1 if carried out in accordance with specified conditions. These exemptions are as follows.

Stalking and flushing out

22. Paragraph 1 provides that dogs may be used to stalk or flush out a wild mammal if five conditions are satisfied. This provision should be read with paragraph 2, which sets out the conditions under which a dog may be used below ground to stalk or flush out a wild mammal.

23. The first condition in sub-paragraph (2) sets out three possible purposes for which stalking or flushing out may be carried out

- preventing or reducing serious damage which the wild mammal would otherwise cause to livestock; game birds or wild birds; food for livestock; crops; growing timber; fisheries; other property; or the biological diversity or an area;

- obtaining meat to be used for the purpose of human or animal consumption; or

- participation in a field trial in which dogs are assessed for their likely usefulness in connection with shooting.

24. In sub-paragraph (2)(a)(ii) game birds and wild birds are defined by reference to the Wildlife ( Northern Ireland) Order 1985. This provides that “game bird” means any pheasant, partridge (including chukar partridge and red-legged partridge), woodcock, snipe or red grouse, and “wild bird” means any bird of a species which is ordinarily resident in or is a visitor to the European Territory of any Member State of the European Union in a wild state but does not include poultry.

25. In sub-paragraph (2)(a)(viii) the biological diversity of an area is defined by reference to the United Nations Environmental Programme Convention on Biological Diversity of 1992. Article 2 of that Convention provides the “”biological diversity” means that variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems”.

26. The second condition in sub-paragraph (4) requires the stalking or flushing out to take place on land which belongs to the person doing the stalking or flushing out or which that person has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.

27. The third condition in sub-paragraph (5) is that only up to two dogs may be used in the stalking or flushing out.

28. The fourth condition in sub-paragraph (6) is that the stalking or flushing out must not involve the use of a dog below ground unless the requirements of paragraph 2 are complied with.

29. The fifth condition in sub-paragraph (7) is that reasonable steps are taken to ensure that as soon as possible after being found or flushed out the wild mammal is shot dead by a competent person. Each dog used must be kept under sufficiently close control to ensure that it does not prevent or obstruct this.

Use of dogs below ground to protect birds for shooting

30. Paragraph 2 sets out the limited circumstances in which a dog may be used below ground to stalk or flush out a wild mammal without the commission of an offence under clause 1. This provision should be read with paragraph 1.

31. The first condition in sub-paragraph (2) is that the stalking or flushing out is undertaken for the purpose of preventing or reducing serious damage to game birds or wild birds which are being kept or preserved for shooting. Game birds and wild birds are defined by reference to the Wildlife ( Northern Ireland) Orders 1985 section (see paragraph 23 above).

32. The second condition in sub-paragraph (3) requires the person doing the stalking or flushing out to carry written evidence of either ownership of the relevant land or of permission to use it for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs. This evidence must be shown to a police constable immediately on request.

33. The third condition in sub-paragraph (4) is that only one dog is used below ground at any time to stalk or flush out a wild mammal.

34. The fourth condition in sub-paragraph (5) requires that:

- reasonable steps are taken to ensure that as soon as possible after being found the wild mammal is flushed out from below ground;

- reasonable steps are taken to ensure that as soon as possible after being flushed out from below ground the wild mammal is shot dead by a competent person;

- the dog used is brought under sufficiently close control to ensure that it does not prevent or obstruct the shooting of the wild mammal;

- reasonable steps are taken to prevent injury to the dog; and

- the dog is used in compliance with any code of practise which is issued or approved by the hunter for the purpose of this exemption.

These conditions replace those applicable under paragraph 1(7) to stalking and flushing out not involving the use of a dog below ground.

Rats

35. Paragraph 3 permits dogs to be used to hunt rats on land which belongs to the hunter or which the hunter has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.

Rabbits

36. Paragraph 4 permits dogs to be used to hunt rabbits on land which belongs to the hunter or which the hunter has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to who it belongs.

Retrieval of hares

37. Paragraph 5 permits dogs to be used to retrieve a hare which has been shot on land which belongs to the hunter or which the hunter has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.

Falconry

38. Paragraph 6 permits dogs to be used to flush out a wild mammal from cover to enable a bird of prey to hunt it, provided that the flushing out takes place on land which belongs to the hunter or which the hunter has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs. Flushing a wild mammal from cover is exempt only if the flushing from cover does not involve the use of more than two dogs.

Recapture of a wild mammal

39. Paragraph 7 provides that dogs may be used to recapture a wild mammal which has escaped or been released from captivity or confinement if three conditions are satisfied.

40. The first condition in sub-paragraph (2) is that the hunting takes place on land which belongs to the hunter or which the hunter has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, or with the authority of a constable.

41. The second condition in sub-paragraph (3) is that reasonable steps are taken to ensure that as soon as possible after being found the wild mammal is recaptured or shot dead by a competent person. Each dog used must be kept under sufficiently close control to ensure that it does not prevent or obstruct this.

42. The third condition in sub-paragraph (4) is that the wild mammal was not released or permitted to escape for the purpose of being hunted.

Rescue of a wild mammal

43. Paragraph 8 provides that dogs may be used rescue a wild animal if seven conditions are satisfied.

44. The first condition in sub-paragraph (2) is that the hunter reasonably believes that the wild mammal is or may be injured.

45. The second condition in sub-paragraph (3) is that the hunting is undertaken for the purpose of relieving the wild mammal’s suffering.

46. The third condition is the sub-paragraph (4) is that only up to two dogs may be used.

47. The fourth condition in sub-paragraph (5) is that the hunting must not involve the use of a dog below ground.

48. The fifth condition in sub-paragraph (6) is that the hunting takes place on land which belongs to the hunter or which the hunter has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs, or with the authority of a constable.

49. The sixth condition in sub-paragraph (7) is that reasonable steps are taken to ensure that as soon as possible after being found appropriate action is taken to relieve the wild mammal’s suffering. Each dog used must be kept under sufficiently close control to ensure that it does not prevent or obstruct this.

50. The seventh condition in sub-paragraph (8) is that the wild mammal was not harmed so that it could be hunted under this exemption.

Research and observation

51. Paragraph 9 provides that dogs may be used to track a wild mammal if five conditions are satisfied.

52. The first condition in sub-paragraph (2) is that the hunting is undertaken for the purpose of or in connection with the observation or study of a wild mammal.

53. The second condition in sub-paragraph (3) is that only up to two dogs may be used.

54. The third condition in sub-paragraph (4) is that the hunting must not involve the use of a dog below ground.

55. The fourth condition in sub-paragraph (5) is that the hunting takes place on land which belongs to the hunter or which the hunter has been given permission to use for that purpose by the occupier or, in the case of unoccupied land, by a person to whom it belongs.

56. The fifth condition in sub-paragraph (6) is that each dog is kept under sufficiently close control to ensure that it does not injure the wild mammal.

FINANCIAL EFFECTS OF THE BILL

57. While there will be costs associated with enforcement, the Police Service of Northern Ireland already has a responsibility to investigate wildlife crimes. Therefore it is not envisaged that the Bill will give rise to significant additional expenditure.

EQUALITY AND HUMAN RIGHTS IMPLICATIONS

58. There are no equality or human rights issues arising from these proposals.

LEGISLATIVE COMPETENCE

59. The member in charge of the Bill, Mr Brian Wilson, had made the following statement under Standing Order 30:

“In my opinion the Hunting Bill would be within the legislative competence of the Northern Ireland Assembly.”