APPENDIX 9 TO THE BURNS REPORT
THE INTERNATIONAL PERSPECTIVE
9.1 This note is based on a study carried
out for the Inquiry by Professor S R and Ms D F Harrop of the
University of Kent, to whom the Committee is most grateful. In
the time available to them, it was not possible to obtain information
from as many parts of the world as would have been desirable.
Nor was it possible to provide exhaustive reports on hunting with
dogs and its regulatory background on those countries that have
9.2 We have divided the countries considered,
somewhat arbitrarily, into four groups:
countries or states that share a
lot in common with England and Wales in respect of hunting heritage,
current practice and the legal framework;
countries where the emphasis in the
way hunting is practised differs from England and Wales;
countries or states where the English-style
of hunting with dogs either hardly exists, or, to a greater or
lesser extent, has been banned; and
France, a country on its own because
hunting with dogs is an extremely popular activity.
9.3 It must be borne in mind that many of
the countries discussed in this note have a greater number of
quarry species which can be hunted with dogs, but, for the sake
of brevity, we have limited our description to the four quarry
species which are the subject of our report.
9.4 The countries or states where the current
practice of hunting with dogs, and its legal and regulatory framework,
most closely resemble the situation in England and Wales are Ireland,
Scotland, Australia (State of Victoria), Portugal and Italy. Apart
from in Scotland, it should be noted, however, that governments
in this groups of states have assumed a greater supervisory role
in recent years.
9.5 The Deer (Scotland) Act 1996 prohibits
all methods of killing deer other than by shooting. Dogs may,
however, still be used to assist in hunting, although English-style
mounted hunting with registered packs of deer-hounds is not practised.
9.6 There are 10 mounted packs of foxhounds,
mostly based south of Edinburgh and regulated by the Scottish
MFHA. The Scottish Hill-Packs Association hunts with dogs on foot
and receives a government grant for its contribution to fox control
in the Grampian region. In addition, fox destruction packs, which
often make use of older hounds to chase foxes to waiting guns,
operate in hilly areas. Autumn/cub hunting takes place for the
third week in August, as in England and Wales, for the stated
purpose of fox control. There is no organised hunting of hares
or mink with dogs.
9.7 Almost identical legislative measures
as those in England and Wales deal with issues of animal welfare,
up to and including the Wild Mammals (Protection) Act 1996. At
the time this report is being written, a Private Member's Bill,
the Protection of Wild Mammals (Scotland) Bill, introduced by
Lord Watson, is proceeding through the Scottish Parliament. The
central features of the Bill are to prohibit the use of dogs in
hunting, searching for and coursing any wild mammal. There is
scope in the Bill to grant licences for the use of a tightly controlled
dog for stalking, flushing out, retrieving, locating escaped or
injured animals and the provision of food for consumption by a
9.8 Hunting with dogs is a well-supported
pastime with, for example, over 300 fox packs. The same quarry
species are hunted as in England and Wales and there are similar
Associations regulating the different packs.
9.9 The Hunting Association of Ireland was
formed in 1997 and, in 1998, in response to concern about unacceptable
practice in terrier work, negotiated and agreed a Code of Conduct
with the Department of Agriculture. The Code is essentially the
same as that operated by the MFHA and the other associations in
England and Wales which use terriers. One regulation, not mirrored
in England and Wales, is that earth stopping is allowed only as
a safety measure for humans and other animals, and to assist in
the finding of foxes above ground. It should not be for the sole
purpose of preventing a hunted fox from going to ground, and,
in general, is only to be undertaken on land traversed early on
in the hunt.
9.10 Coursing is a popular greyhound sport.
Most of the coursing which takes place is "park", in
which the coursing takes place within enclosures.
State of Victoria, Australia
9.11 Foxhunting with dogs is widespread
in the state of Victoria, where the fox is declared vermin. There
are also foxhound packs outside Victoria and some hunting of deer
on foot with hounds, mainly in the mountain areas.
9.12 In Victoria, the Prevention of Cruelty
to Animals Act 1986 and the Code of Practice 1990 have a considerable
impact on the practice of foxhunting, and bring it within the
ambit of legislation and state regulation in a manner that is
not quite comparable to the situation in England and Wales. The
Act makes it a criminal offence to commit an act of cruelty upon
any animal. Deliberately terrifying, killing and injuring animals,
including wild foxes, are examples of the offence, and may even
possibly constitute the more serious offence of aggravated cruelty.
Foxhunting is permissible only as an exception to the provisions
of the Act, if it complies with a Code of Practice, which has
been prepared or altered by the Minister of Agriculture, with
the approval of the relevant Governor in Council. Currently, the
Code specifies that fox hunters must be members of clubs affiliated
with the Hunt Clubs Association of Victoria, or another organisation
approved to use horse and hounds for hunting foxes. Generally,
the provisions of the Code allow hunting to be carried out in
the same manner as recommended by the MFHA for England and Wales.
Five differences are worth pointing out:
it is mandatory that dogs used should
be properly selected, trained to hunt the target animal only and
not used if they do not kill quickly by instinct;
if a fox not hunted by the pack is
marked to ground, the dogs must be immediately removed and the
fox left undisturbed;
the welfare of the hounds is a concern
of the Code. They must be healthy and not used where there is
an unacceptable risk of heat exhaustion/serious injury;
terrierwork remains permissible,
although the Code does state that if a fox which has not been
hunted by the pack is marked to ground, the dogs must be immediately
removed and the fox left undisturbed; and
the Code does not address autumn/cub
hunting. This is not an activity much practised due to the dry
summer terrain of the State.
9.13 There is currently only one mounted
foxhound pack in existence. All forms of hunting are regulated
by the Ministry of Agriculture. Those applying to fox hunting
are similar to the MFHA's, although a major difference is that
digging-out does not take place. If a fox goes to ground, the
hunt is considered finished. In 1999, a Bill to prohibit foxhunting
failed to reach the debate stage in Parliament, having met strong
9.14 There is one mounted fox hunting pack,
operating in a form similar to MFHA packs. The fox is regarded
as a pest, and therefore the emphasis is on the kill, with both
digging out and autumn/cub hunting practised. Act no 157 (February
1992) reformed previous hunting regulation, preserving the right
to hunt, granted by the State, and, in addition, giving the hunter
a countryside management role. Hunting is now linked to wildlife
planning service and subject to strict guidelines enforced by
the Ministry of Agriculture.
9.15 In the USA and Canada, there are a
significant number of mounted foxhound packs but the emphasis
is strongly on the "chase" rather than the "kill".
The situation is complex because of differences in the laws of
the various states and because there are a greater number of potential
9.16 The Masters of Foxhounds Association
of America was established in 1907 and fulfils the same function
as the MFHA in England and Wales. There are approximately 157
packs registered but there are also many unregistered packs, generally
preferring to hunt at night. Since the emphasis is on the chase,
rather than the kill, if the dogs lose the scent or the fox goes
to ground, the hunt is concluded or moves on to another quarry.
Digging-out does not occur; nor does autumn/cub hunting as practised
in England and Wales. Because fox population levels are less dense,
there is not the perceived need to cull foxes and autumn activity
is aimed more at the training of horses, dogs and riders in the
chase. That the emphasis is not generally on the "kill"
may be less related to welfare matters than the fact that low
fox numbers affect its perceived status as a pest. Coyotes, by
contrast, are culled as they are seen as a threat to livestock.
9.17 Other points to note are:
some States have legislation permitting
only the chase, not the kill, unless the prey is already injured
the welfare requirements of the hounds
and good upkeep of the kennels are included in the regulatory
regimes of some States;
hunting deer with dogs is prohibited
in some States, not others; and
Federal legislation reserves the
right to prohibit hunting in some areas, if it puts endangered
species at risk.
9.18 There are 12 mounted fox packs in Canada,
eight of which are in Ontario, although four of these are drag
packs. The fox is not perceived as a pest but, on the contrary,
is under some pressure from coyote numbers and, therefore, as
in the USA, hunts seek to chase, not to kill.
9.19 The State of Ontario highlights some
of the features that distinguish the regulatory background of
Canada compared with that of England and Wales.
to be licensed by the Ministry of
National Resources, a hunt must be registered with the Masters
of Foxhounds Association of America or another organisation with
the terms of the licence do not permit
killing or capturing a fox or, possessing or use of a firearm;
they also require a pack size of minimum of two, and a maximum
of 50, hounds, when hunting, and a minimum of three, and a maximum
of 125, participants;
the regulations recognise that the
chase may result in a kill but this is not the purpose of the
there is not a prescribed closed
season, but this is because one is already observed by participants.
9.20 Countries where hunting with dogs is
not practised or is largely banned include Spain, Belgium, Germany,
Sweden, Denmark, Finland and Norway.
9.21 Hunting is regulated in Spain by the
regional governments. Permits are, however, invariably necessary.
There is no mounted hunting with dogs as practised in England
and Wales. However, hounds are used to flush out deer to waiting
guns and greyhounds are used widely to catch and kill hares.
Sweden, Denmark, Norway, Finland and Germany
9.22 Hunting in various forms is widespread
and highly regulated. There is a substantial amount of welfare
legislation in all these countries. There is often the requirement
for individuals to pass examinations on the subject before they
can hunt. Mounted hunting with dogs or foot packs in the British
style is not carried out, and indeed has been banned in Germany
since 1936 and, subsequently, both in Sweden and Denmark. However,
dogs are still used for flushing out, tracking, retrieving and
driving to guns. In Germany, for example, all types of female
and young deer and immature red and fallow male deer may be hunted
with a rifle having been driven, sometimes for over an hour, by
one or several dogs. The same applied to mouflon (wild sheep),
red foxes, hare and all game birds. Underground terrierwork is
very widespread. It is considered a form of hunting, requiring
participants to have passed an examination. In Sweden, game research
is financed extensively from hunting fees, and the Hunters' Association
has responsibility to keep and collate statistics in relation
to animals taken.
9.23 Hunting is regulated regionally:
Brussels: all hunting is banned;
Flanders: a decree in 1991 and subsequent
ministerial action has effectively stopped mounted hunting which
used to be carried out in the French manner (see below). One foot
pack still operates in the French style; and
Walloonia: a 1995 decree states that
hunting with hounds is to be prohibited from 30 June 2000. Existing
packs are currently trying to obtain an extension to their licences.
9.24 Hunting with hounds has a very long
tradition and remains popular to this day. In 1981, it was the
subject of a decree and circular by the Ministry of Environment
which gave legal force to a number of rules relating to the code
of hunting with hounds. Specifically, they lay down a scheme whereby
all packs have to be licensed by the Director of Agriculture in
each "Departement" under the advice of the French hunting
with dogs association (Association Francaise des Equipages de
Ve«nerie). Certain types of game which are hunted with hounds,
such as the red deer and roe deer, are subject to "hunting
plans", drawn up by local authorities, although hunting's
contribution to the global cull quotas of the various species
is very small. The French hunting associations acknowledge that
their contribution to population control of the quarry species,
while helpful, is negligible when set against the contribution
of shooting. Animal welfare does not appear to be a matter much
regulated or debated, the main opposition to hunting arising out
of questions of land rights and usage and the management of wildlife.
More recently, there has also been some concern expressed in the
French press that hunting activities may be in some instances
transgressing the EU Habitats Directive:
"Grand Ve«nerie" (mounted
hunting) pursues the quarry with the use only of hounds and no
firearms. It is considered the highest form of hunting activity
with dogs and currently enjoys a resurgent popularity. There are
400 hunt kennels, nine recognised breeds of hounds and 7,000 hunting
horses. The emphasis is on open, woodland hunting rather than
negotiating obstacles, and the chase can last from three to four
hours. Grand Ve«nerie has retained more of the historical
aspects of hunting than has its English counterpart. This is particularly
evident at the end of the hunt, when the deer at bay is often
dispatched by the hunter with a sword, lance or hunting knife,
rather than a firearm, and rituals around the handling of the
carcass will be observed. There are 38 mounted packs (40-50 hounds
per pack) hunting red deer in this fashion, 85 (20-30 hounds per
pack) that hunt roe deer and 30 packs (80 hounds per pack) that
hunt boar. Members pay £1,000-£2,000 to subscribe.
"Petit Ve«nerie" (Foot
Packs) is relatively new to France but has experienced rapid growth
in popularity. As with mounted hunting, it is practised without
the aid of firearms. In total, there are 240 registered packs,
80 hunting foxes, 115 hunting hare and 45 hunting rabbits. It
should be noted that hunting the fox with hounds is new to France.
"Ve«nerie Sous Terre"
(terrierwork). This is also widely practised. There are 15,000
hounds attached to 1,750 registered clubs. Foxes and badgers are
both hunted. The relevant government regulation foresees that
the quarry may be dispatched by the dogs, rather than by digging
out, and specifies that at least three dogs should be introduced
into the earth.
Shooting, with use of dogs and hounds
to flush out, stalk or retrieve the quarry, is the most widespread
hunting activity involving dogs. Estimates put the number of dogs
used for this purpose at around 700,000.