The Sunday Telegraph

Hunting’s popularity exposes a foolish law

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Tens of thousands of people took part in yesterday’s hunts or turned out to support them. Not only were they enjoying a colourful Boxing Day tradition, but many also wanted to signal their opposition to the ban on foxhunting. For many in the countrysid­e, the prohibitio­n represents bad law imposed to satisfy urban prejudice.

Tracey Crouch, the Sports Minister, will therefore have caused enormous dismay when she said hunting was a “pursuit from the past” that should be “consigned to history”. She also stated that the current legislatio­n needs better enforcemen­t and that the repeal of it should not be a Government priority, contradict­ing the promise of a parliament­ary vote made in the Tory manifesto earlier this year. Ms Crouch could point to surveys that show strong national support for the ban, and plainly some opponents of hunting have concerns about animal welfare that are doubtless wellintent­ioned and heartfelt. But the supposed popularity of a law cannot be its sole justificat­ion. Facts and practical details matter, too.

The origins of the ban reveal a great deal about what motivated it. Tony Blair, then prime minister, used the offer of a hunting ban to mollify some of his more Left-wing MPs. A matter of pest control, transforme­d by centuries-old pageantry into a leisure activity, suddenly became a political football. Mr Blair himself realised the injustice of the situation and confessed in his memoirs that he sought a compromise in which hunting was “banned and not quite banned at the same time”. Drag hunting has largely replaced the pursuit of foxes – although foxes still do get caught – and the hunts have flourished. Prosecutio­ns rose, peaked and then declined. The Countrysid­e Alliance reports that not a single registered hunt has been prosecuted successful­ly this year.

The result is that the ban has triggered a renaissanc­e of hunting – an unexpected paradox that exposes just how silly and out-of-touch this legislatio­n is. A good test of law is enforceabi­lity, and this law is unenforcea­ble because it is unreasonab­le and wrong. Ms Crouch may want to see hunting consigned to history but, rather more importantl­y, Britain’s rural community does not. And so long as so many people are prepared to find a way around the ban, the message ought to reach Parliament that the law, in this case, is very much an ass.

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