Is there any hope for campaigners who want to see the ban on hunting with dogs overthrown? Neil Parpworth reports
The Hunting Act 2004 (HuA 2004) is the most recent piece of legislation to be made pursuant to the Parliament Acts 1911 and 1949 procedure, ie without the consent of the House of Lords. The legal validity of HuA 2004 was unsuccessfully challenged by those who want to see the ban on hunting with hounds overthrown (see R (Jackson) v A-G [2005] UKHL 56, [2005] 4 All ER 1253).
Accordingly, the pro-hunting fraternity changed its line of attack by seeking to argue that HuA 2004 was incompatible with the European Convention on Human Rights (the Convention) or inconsistent with the EC Treaty. Its arguments failed to convince either the Divisional Court or the Court of Appeal (see R (on the application of Countryside Alliance) v A-G [2005] EWHC 1677 (Admin), [2005] All ER (D) 482 (Jul) and [2006] EWCA Civ 817, [2006] All ER (D) 264 (Jun)) respectively).
A unanimous House of Lords
.tmb-mov69x69.jpg?sfvrsn=2c3eca9_1)
