It was a seemingly momentous victory when Scotland banned hunting with dogs. One year on, its legislation is failing wildlife. The Labour government has promised to properly ban hunting too – but it needs to learn from its neighbour’s mistakes.
Campaigners described it as a “landmark moment” when, late in the evening on 24 January 2023, the Scottish parliament voted to pass the Hunting With Dogs (Scotland) Bill after a seven hour debate. The Bill became an Act in law on 7 March 2023, making it illegal to flush out a wild animal with more than two dogs. But it wasn’t until 3 October 2023 that the law could actually be enforced. The reason? NatureScot was finalising a licensing scheme to “allow farmers and other land managers to use more than two dogs, in limited circumstances, for appropriate and humane wildlife control.”
The licensing loophole
This licensing scheme has proved to be controversial. It is, wildlife campaigners argue, just another loophole in legislation to allow hunters to get away with murder. Back in August of this year, the Daily Record reported that NatureScot had issued more than 40 licences between November 2023 and April 2024.
The Scottish Greens are attempting to hold Holyrood to account. The party’s Ariane Burgess told the Daily Record this week:
“The Scottish Government is showing staggering complacency if this is how they envisaged the system working. The number of licences that have been issued makes clear that this is being treated as a loophole and exploited.”
On 2 October, the Greens submitted a question during Portfolio Questions at the Scottish Parliament regarding this new loophole. But instead of recognising that the new legislation is failing wildlife, ministers defended the new law. Agriculture and Connectivity Minister Jim Fairlie argued that licences are needed for farmers to carry out “predator control” and to protect “livestock”. He said:
“The licensing scheme in the 2023 is act not a loophole… Fox hunting is absolutely against the principles of the people of Scotland, but predator control is not.”
The Countryside Alliance (CA) – a lobby group which tries to overturn the ban on foxhunting – celebrated Fairlie’s words, calling them “pleasing”. This alone is a red flag – a sure sign that legislation IS being exploited to favour fox hunting. The CA said:
“This question from the Scottish Greens suggesting a loophole in the licensing system that they supported is not wholly unsurprising. They were more than happy to claim victory when the new law was passed last year yet are now unhappy that the licence scheme is doing what it should be doing – enabling the use of more than two dogs to flush foxes to guns under very strict and rigorous licensing conditions for the protection of livestock and for environmental benefit purposes where there is no effective alternative.”
We need a PROPER ban
Meanwhile, in England and Wales, campaigners such as Chris Packham, and, of course, hunt saboteurs and monitors, continue to do vital work, reminding Keir Starmer and Labour of its manifesto promise: to strengthen the Hunting Act, closing the trail hunting loophole. While we stand with our fellow wildlife defenders, Protect the Wild argues that the government actually needs to go a huge step further, completely replacing the current law.
Protect the Wild’s Glen Black said:
“If Labour decides to follow through on its manifesto pledge to crackdown on hunting in England and Wales, the Scottish example must serve as a lesson. It’s not enough to simply ban trail hunting or to introduce a licensing system. Any new law must make it impossible for mounted hunts and foot packs to operate at all.”
That’s why we have commissioned Advocates for Animals to draft the Hunting of Mammals Bill. Our new Bill is far more than just an update of the Hunting Act. If it became an Act in law, it would stop hunting in its tracks, and finally give wildlife much-needed protection from illegal hunting.