Committee
Rural Affairs, Islands and Natural Environment Committee 14 December 2022
14 Dec 2022 · S6 · Rural Affairs, Islands and Natural Environment Committee
Item of business
Hunting with Dogs (Scotland) Bill: Stage 2
I wish Christine Grahame well and will speak to the substance of her amendment, because I know that she will want to catch up with what is being discussed at the meeting. Although I support the principle behind amendment 174 and understand Christine Grahame’s desire to be vigilant in avoiding a loophole whereby people who wish to continue illegal hunting will use drag hunting as a cover, I have some reservations about the amendment. First, the wording that relates to reckless conduct, to which Rachael Hamilton spoke as well, is misaligned with the rest of the bill. That goes to the heart of what we seek to avoid. Moreover, regulating the use of dogs to find and follow a non-animal-based scent, including human scents, was not included in the bill, as it does not directly—or, indeed, indirectly—involve the use of dogs to hunt a wild mammal, which is what the core purpose of the bill relates to. Unlike with trail hunting, we do not have evidence to suggest that drag hunting is being used as a cover for illegal hunting. Neither do we have evidence that wild mammals are accidentally being chased or killed during the course of drag hunting. However, members might say “yet”. That speaks to some of the other members’ contributions. I understand the concerns that, if the bill is passed as introduced, people who are intent on illegal hunting might try to use drag hunting as a cover. I agree that we cannot rule that out entirely, although we hope that it will not be the case. However, as the bill is drafted, if a person is undertaking drag hunting—or clean-boot hunting, as it is sometimes called—and allows their dog to chase or kill a wild mammal without taking reasonable steps to prevent that from happening, they will commit an offence under section 1 of the bill. Weighing all of that up, although I cannot support Christine Grahame’s amendment 174, I will continue to keep the subject—the potential risks and possible solutions—under review as we move towards stage 3. Ms Grahame and I discussed last week that we would meet before stage 3 to discuss her other amendments, and I propose to discuss this matter with her then. On amendments 237 and 238, in the name of Rachael Hamilton, section 11 creates a new offence in relation to trail hunting, while section 12 provides an exception to that. Amendment 237 seeks to remove section 11, with the effect that trail hunting would not be prohibited. As I have set out at various points during the scrutiny of the bill, trail hunting poses a significant risk to wild mammals, and I note that 70 per cent of respondents to our consultation supported a ban on it. We know that trail hunting can have significant risks for animal welfare. Dogs that have been trained to follow an animal-based scent can be diverted from a laid trail on or near to a natural trail and start chasing and killing wild mammals. That is exactly what we want to stop. A ban on trail hunting is supported by animal welfare groups including the Scottish Animal Welfare Commission and the Scottish SPCA. Our other reason for pursuing a ban is that trail hunting has emerged as a cover for illegal hunting in other countries. In that regard, I point to Lord Bonomy’s report, which says: “it is worthy of note that the way in which some mounted hunts now operate in Scotland and the practice by mounted hunts of trail hunting in England and Wales have both given rise to suspicion that organised mounted hunts have continued to hunt foxes with a pack of hounds in contravention of the legislation.” Finally, on the points that have been made about laying an animal-based scent for dogs to follow and about training, I recognise that some people might have legitimate reasons for laying such a scent—for example, to train police dogs or dogs that are used to manage deer or search for invasive species. That is why the bill includes provisions to allow those activities to continue, subject, of course, to the two-dog limit and other conditions. For all the reasons that have been stated, I cannot support the amendments.
In the same item of business
The Convener
Con
Our next item of business is continuation of our consideration of the Hunting with Dogs (Scotland) Bill at stage 2. I welcome back Màiri McAllan, the Ministe...
The Convener
Con
Amendment 69, in the name of Edward Mountain, is grouped with amendments 70, 114, 140, 115, 203, 71, 36, 120, 29, 121, 223, 37, 97, 98, 125, 141, 126, 226, 3...
Edward Mountain (Highlands and Islands) (Con)
Con
Before I make any comments, I remind the committee of my declaration in the register of members’ interests, which shows that I am part of a family farming bu...
Colin Smyth (South Scotland) (Lab)
Lab
Amendments 114, 120, 125 and 128, in my name, would remove the use of a bird of prey as a method of killing. That is neither a humane nor an efficient method...
Rachael Hamilton
Con
My amendments in this group aim to address potential problems with the existing wording, which leaves it unclear what amounts to taking “reasonable steps” to...
Ariane Burgess
Green
I support Colin Smyth’s amendments 114, 120, 125 and 128, which would remove the use of a bird of prey as an accepted method of killing a wild mammal under s...
Mercedes Villalba
Lab
I am afraid that I cannot support amendments 69 to 71 and 97 to 99, in the name of Edward Mountain, or amendments 36 to 39, in the name of Rachael Hamilton, ...
The Minister for Environment and Land Reform (Màiri McAllan)
SNP
Good morning, everyone. I will begin with the amendments that Edward Mountain led with and then move on to the others. The effect of amendments 70 and 98, ...
The Convener
Con
I call Edward Mountain to wind up the debate and say whether he wishes to press or withdraw amendment 69.
Edward Mountain
Con
I am disappointed that the minister has not considered amendment 69, on the basis that she perceives that it would create a loophole. The amendment aims to a...
Màiri McAllan
SNP
If Edward Mountain wishes to continue with his explanation of that activity, he should do that.
Edward Mountain
Con
Mist netting is when you put out a soft net, which is propped up, before nightfall. After darkness, once the rabbits have moved to the middle of a field to f...
Jim Fairlie
SNP
I understand the point about mist netting, but what does that have to do with hunting with dogs?
Edward Mountain
Con
Mr Fairlie will know that, under the bill, two dogs would be used to drive the rabbits back to the nets, which is the way it is done. You would not just expe...
Jim Fairlie
SNP
I am not convinced by your argument, Mr Mountain.
The Convener
Con
Speak through the chair, please.
Jim Fairlie
SNP
I am not convinced by Mr Mountain’s arguments.
The Convener
Con
Please continue, Mr Mountain.
Edward Mountain
Con
I am sorry that I cannot convince Mr Fairlie of a practice that has been going on for many years across Scotland. That is one reason why I think that shootin...
The Convener
Con
The question is, that amendment 69 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Carson, Finlay (Galloway and West Dumfries) (Con) Hamilton, Rachael (Ettrick, Roxburgh and Berwickshire) (Con) Against Ada...
The Convener
Con
The result of the division is: For 2, Against 6, Abstentions 0. Amendment 69 disagreed to. 09:35 Meeting suspended. 09:36 On resuming— Amendment 10 mov...
The Convener
Con
The question is, that amendment 10 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Burgess, Ariane (Highlands and Islands) (Green) Villalba, Mercedes (North East Scotland) (Lab) Against Adam, Karen (Banffs...
The Convener
Con
The result of the division is: For 2, Against 7, Abstentions 0. Amendment 10 disagreed to. Amendment 11 moved—Ariane Burgess.
The Convener
Con
The question is, that amendment 11 be agreed to. Are we agreed? Members: No.
The Convener
Con
There will be a division. For Burgess, Ariane (Highlands and Islands) (Green) Villalba, Mercedes (North East Scotland) (Lab) Against Adam, Karen (Banffs...
The Convener
Con
The result of the division is: For 2, Against 7, Abstentions 0. Amendment 11 disagreed to.
The Convener
Con
Amendment 113, in the name of Colin Smyth, is grouped with amendments 124, 244 and 242.
Colin Smyth
Lab
Amendments 113 and 124, in my name, would require that “reasonable steps are taken” to ensure that dogs do not form a relay. Mounted hunts in England have be...