Introduction

1. This memorandum is further to the memorandum submitted by the Home Office dated 28 February 2001.

2. The Government has now tabled amendments to the Hunting Bill to enable the House of Lords to have the same choice between the three options as the House of Commons had. The amendments enable the House of Lords to replace the existing Schedule to the Bill (which provides for the prohibition of hunting) with either a Schedule providing for self-regulation of hunting through an independent supervisory body or a Schedule providing for regulation of hunting through a licensing authority.

3. This memorandum identifies the powers to make subordinate legislation which would be conferred by the two Schedules which are the subject of the amendments tabled.

Schedule providing for Supervision (self-regulation of hunting through an independent supervisory body)

Schedule, Paragraph 3

4. The Independent Supervisory Authority for Hunting (ISAH) Ltd was set up in December 1999 as a supervisory authority for hunting in the United Kingdom. The objects of ISAH Ltd, as they appear in its Memorandum of Association, are set out in Annex A to this memorandum.

5. The Schedule provides that certain statutory exceptions for hunting and coursing (namely, section 1(3)(b) of the Protection of Animals Act 1911 and section 2(b) of the Wild Mammals (Protection) Act 1996) shall apply only in relation to "supervised" hunting and coursing and in relation to a small number of specific activities. Hunting and coursing is "supervised" if conducted within the self-regulatory framework overseen by ISAH Ltd.

6. In the event that ISAH Ltd ceases to exist, it will be necessary to designate a successor body in its place so as to ensure that hunting and coursing can still be "supervised" so as to fall within the statutory exceptions identified above. Similarly, in the event that ISAH Ltd's objects as set out in its Memorandum of Association are altered, it may be necessary to designate another body in its place.

7. Therefore, paragraph 3(1)(b) of the Schedule enables the Secretary of State by order to designate another body in place of ISAH Ltd. By paragraph 3(2), such an order may only be made if ISAH Ltd ceases to exist or the statement of objects in its Memorandum of Association is altered. By paragraph 3(3), such an order may make consequential and transitional provision and is subject to the negative resolution procedure. It is submitted that this will provide a sufficient level of Parliamentary scrutiny.

Schedule providing for Regulation (regulation of hunting through a licensing authority)

Schedule, Paragraph 21(3)

8. The Schedule establishes an independent Hunting Authority to regulate certain hunting activities and hare coursing events through a licensing system. The Authority is responsible for issuing hunting and coursing licences and drawing up codes of practice dealing with the various kinds of regulated hunting (defined at paragraph 21) and with hare coursing events (defined at paragraph 22).

9. The Schedule provides that certain hunting activities, which are set out at paragraphs 56 to 61 of the Schedule, are "unrestricted". Unrestricted hunting activities are lawful and are not subject to regulation through the licensing system. Hunting a wild mammal with a dog is prohibited if it is neither "regulated" nor "unrestricted" (paragraph 42 of the Schedule).

10. Paragraph 21(2) lists the wild mammals which are commonly hunted with dogs in circumstances which are considered appropriate to regulate through a licensing system (namely, fox, deer, hare and mink). The hunting of these wild mammals in certain circumstances is unrestricted, and the hunting of other wild mammals is either unrestricted or prohibited. However it may be that in the future it will become necessary or appropriate to provide for unrestricted or prohibited hunting activities to be regulated through the licensing system (for example, to address concerns which may arise in relation to the pursuit of unrestricted hunting activities, or to reflect the increasing incidence of a wild mammal whose hunting is prohibited). Equally it may be that it will become necessary or appropriate to either make unrestricted, or prohibit, some of the regulated hunting activities (for example, in the event of a significant increase, or significant decline, in numbers of one of the species of wild mammal listed in paragraph 21(2)).

11. Therefore paragraph 21(3) of the Schedule enables the Secretary of State by order to add to, or subtract from, the list of wild mammals in paragraph 21(2). By paragraph 21(4) such an order may make consequential and transitional provision and is subject to the affirmative resolution procedure.

12. The Government believes that the provisions in the Bill which classify hunting activities as regulated, unrestricted or prohibited must be sufficiently flexible to adapt to changing circumstances. It may well be that in some cases amendments would need to be made relatively promptly in response to a specific situation.

13. For these reasons the power to add to, or subtract from, the list of wild mammals in paragraph 21(2) is to be left to subordinate legislation. It is submitted that the affirmative resolution procedure will provide a sufficient level of Parliamentary scrutiny.

Schedule, Paragraph 62

14. Paragraphs 56 to 61 of the Schedule set out the hunting activities which are "unrestricted" in that they remain lawful and are not subject to regulation through the licensing system.

15. The unrestricted hunting activities are: stalking or flushing out wild mammals for certain purposes, hunting rodents, retrieving shot hares and rabbits, recapturing wild mammals which have escaped or been released from captivity, and rescuing wild mammals believed to be seriously injured. Paragraphs 56 to 61 set out the specific conditions which must be met in each of these circumstances.

16. The unrestricted hunting activities reflect those activities which it is currently considered neither necessary nor appropriate to regulate through a licensing system. However it may be that in the future it will become necessary or appropriate to provide for such activities to be regulated through the licensing system, or prohibited altogether (for example, to address concerns which may arise in relation to the pursuit of unrestricted hunting activities, or in the event of a significant decline in numbers of certain species of wild mammal). Equally it may be that it will become necessary or appropriate to make unrestricted some of the regulated or prohibited hunting activities (for example, to reflect the increasing incidence of a wild mammal whose hunting is regulated or prohibited).

17. Therefore paragraph 62(1) of the Schedule enables the Secretary of State by order to amend the Schedule so as to provide for an activity to either become, or cease to be, unrestricted hunting for these purposes. By paragraph 62(2), such an order may make consequential and transitional provision and is subject to the affirmative resolution procedure.

18. The Government believes that the provisions in the Bill which classify hunting activities as regulated, unrestricted or prohibited must be sufficiently flexible to adapt to changing circumstances. It may well be that in some cases amendments would need to be made relatively promptly in response to a specific situation.

19. For these reasons this power is to be left to subordinate legislation. It is submitted that the affirmative resolution procedure will provide a sufficient level of Parliamentary scrutiny.

Home Office

23 March 2001