The Commons: Government set to ban ‘Trail Hunting’
Jeremy Vessey
22 years on since the UK banned fox hunting, the government is now setting up a consultation on the total banning of trail hunting entirely.
Trail hunting, which is the practice of carrying out hunts using a pre-laid scent - meaning in theory that no animal is actually harmed - has been carried out as an alternative to traditional fox hunting since the ban by Tony Blair's Labour government in 2004. Defenders of the practice have claimed that it is a way of keeping ancient traditions alive, whilst not harming or endangering animals in the process.
Fox hunting was a tradition in England that dated back to the sixteenth century, and had been seen as holding great importance for managing fox populations, as a form of pest control, protecting farm animals, maintaining wider conservation, and contributing to rural economies. Fox hunting had been claimed to be essential for many local businesses in rural England - particularly around events such as the Boxing Day Hunts - with the Burns Inquiry that 6,000 to 8,000 jobs were created through traditions around these hunts.
Critics condemned the practice as being highly cruel however, with foxes often being torn apart alive by hounds. It was often claimed that the tradition was only tolerated due to it being a favored pastime of the wealthy and privileged, due to the historic association fox hunting had with the English aristocracy and landowners.
In 2004, Blair's government passed the Hunting Act, which banned the practice in all areas of the UK except for Northern Ireland. The act was met with strong opposition by the House of Lords, forcing the government to rely on the Parliament Acts of 1911 and 1949, which removed the veto historically belonging to the Lords. The ban remained controversial however, it being deeply unpopular with groups such as the Countryside Alliance, and even being described by Tony Blair as “one of the domestic legislative measures I most regret.”
However, whilst the ban in theory prevented the continued hunting of live foxes, it still allowed for so-called trail hunting, in which hounds would be sent after a fake, pre-laid trail. This was seen as a means of allowing enthusiasts to continue practising their old traditions, whilst still preventing needless animal cruelty. This compromise has nevertheless come under extreme criticism from animal rights campaigners and others.
Groups such as the League Against Cruel Sports have maintained that trail hunting has continually been used as a ‘smokescreen’ for ongoing hunts of live foxes. Such practices, they argue, are “used by fox hunts to try and deceive the public, police and courts in a bid to get around the hunting ban.” The group maintains that trail hunting cannot be classed as a legitimate sport in it's own right, should be seen merely as a cover for illegal hunting, “designed to deceive the authorities and make the prosecution of illegal hunters very difficult.”
The group maintains that trails are left in areas known to be inhabited by foxes or hares, and that those taking part in the hunts are not told where artificial scents have been left, meaning that “if the hounds end up following a live animal scent the hunt can claim that they did not know.”
Numerous reports have been made in the years since the hunting ban of instances where trail hunting has been used as a means to continue with actively hunting foxes whilst claiming this is not being done deliberately.
This has included instances of figures such as Mark Davies, the Countryside Alliance police liaison officer, openly admitting to such behavior, as well as numerous instances of so-called ‘hunt saboteurs’ exposing such wildlife being hunted and killed as part of these trail hunts.
In the face of such evidence, popular opinion appears to largely be against this apparent loophole in the law, with YouGov finding that roughly 50 to 80% of Britons view trail hunting as a ‘smokescreen’ and support a total ban. In spite of arguments that trail hunting is necessary for rural ways of life, these figures include roughly 50% of people living in the countryside who remain opposed, with 51-58% of those living in rural areas stating that trail hunting “is not important socially or economically to rural communities.”
The Labour Party pledged themselves to banning the practice in their 2024 manifesto. Last month, nearly 2 years on from this, Keir Starmer's government launched a public consultation on whether such a ban should be moved forwards with, and how it would be implemented.
Amongst the issues that the consultation will be looking into are how trail hunting may be defined, whether any wider legislative changes will be required, and how such a ban might impact other equestrian activities, as well as the dogs used in such sports.
The government has further stated that it “invites views on any community, social, business, economic or environmental impacts potentially associated with a ban,” and has added that it would welcome insights from landowners, hunt organizer's, and local businesses and their representatives.
The Labour Party has stated that, “after years of inaction by the Conservatives, this Labour government is taking action to end this cruel sport which has been used to continue fox hunting whilst evading the law and also threatens livestock, disrupts traffic and can wreak havoc on rural communities.”
Toby Perkins, the Labour MP for Chesterfield, added that, “animal welfare is something that I and my constituents care deeply about. I am delighted that this Labour government is set to ban trail hunting, which has been used as a smokescreen for illegal and cruel hunts of wild animals with dogs, fulfilling a key manifesto promise.”
The news that this is at last being moved forwards with has been welcomed by numerous animal rights charities and campaign groups.
“Since the Hunting Act came into force, there is mounting evidence that trail hunting is being used as a smokescreen for illegal hunting with dogs, putting wild animals, pets and livestock at risk, while rural communities face intimidation and anti-social behaviour,” stated David Bowles, Head of Public Affairs at the RSPCA.
“Public support for a ban is clear,” Bowles added. “Over 80% support the existing ban on hunting wild animals with dogs, and more than 100,000 people signed a petition calling for a ban on trail hunting. The RSPCA would like to see the Hunting Act strengthened and to close any loopholes so we can finally consign illegal hunting with dogs to the history books.”
The ban remains controversial however, with groups such as the Countryside Alliance insisting that trail hunting is legitimate, has been carried out in accordance with the law, as it has stood since 2004, and that further restrictions on such practices are "unnecessary, unjustified and unfair."
Mary Perry, joint master of the Cotley Harriers hunt, insisted that hunt organizers do their best to follow all the guidelines, and that the banning of legitimate trail hunts that help to “bring people together” would be "incredibly frustrating.” The Countryside Alliance has stressed the risk such a ban would pose to jobs and local businesses, estimating that countryside hunts bring £100 million into the rural economy every year. Supporters of trail hunting have described the move as a ‘war’ on the countryside by Keir Starmer.
Following on from proposed changes to the amounts of inheritance tax paid by farmers, as well as proposed restrictions to game shooting and shotgun ownership, critics have portrayed this proposal as another example of a motivated attack upon rural communities by Starmer's government.
“This looks increasingly like a culture war against the countryside,” stated Countryside Alliance Chief Executive Tim Bonner. “Hunting can and will survive this attack, just as it did when the original Hunting Act was passed 22 years ago. We are determined to preserve our hunts, our hounds and our community and together we will do just that.”
