Fox hunters exploiting loophole in new laws, animal welfare charity warns

An animal welfare charity has called on the Scottish Government to urgently act upon fresh evidence of a loophole in fox hunting laws that it claims could allow mounted hunting to continue in Scotland.

The Hunting with Dogs (Scotland) Act, which came into force last year, was designed to close loopholes in the earlier ban on fox hunting, introducing a two-dog limit for hunting and banning trail hunting.

The law also introduced a licensing scheme which allows the use of more than two dogs in certain limited circumstances.

However, the League Against Cruel Sports said it fears this is a loophole being exploited by hunters as at least 41 licences were issued in the first hunting season since the Act came into force, according to Government data.

The charity said 31 of the licences permitted the use of 20 or more dogs, and only two have been monitored for compliance.

It said communication between itself and NatureScot found at least one mounted hunt, the Lauderdale, has been involved in licensed fox control, potentially allowing it to continue its activities as much as it was before the 2023 Act.

Robbie Marsland, director of the charity in Scotland and Northern Ireland, said: “Before the new ban, the league routinely filmed hunts running a coach and horses through the old legislation.

“Time and again we had to watch as foxes were chased and killed by packs of dogs in the Scottish countryside. They said they were legally shooting foxes using a loophole in the old legislation, so we were delighted when the Government bought in a new law that they said would close that loophole.

“Although at that time, we did warn that mounted fox hunters have a history of exploiting any loopholes they can find.

“We are devastated to discover that at least one mounted hunt was able to exploit a new loophole last season and we worry that more will learn this trick in the new hunting season which is just around the corner.

“We are convinced that this isn’t what the Government wants and we have written to the Cabinet secretary to urge her to make sure that fox hunting in Scotland is really banned – for good.”

The new hunting season begins in September.

Scottish Green rural affairs spokeswoman Ariane Burgess said: “This is very concerning. A lot of us warned that the licensing system was a mistake and that it would simply create new loopholes. The Government insisted otherwise, but that is exactly what has happened.

“These figures show the shocking and widespread exploitation of the system by hunters and estate owners who know exactly what they are doing.

“If we are to have the outright ban that the public supports, then we need action to close the loopholes and end the cruelty.

“Hunting with dogs is an inhumane and totally unnecessary practice that belongs firmly in the past. There is absolutely no justification for using a pack of dogs to kill defenceless animals. It has no place in a modern and compassionate Scotland.

“I urge the Scottish Government to urgently reflect on these findings and to act to ensure that the loopholes are closed and that this cruelty is finally stopped.”

The Scottish Government said the Act closed loopholes that allowed illegal fox hunting to continue, and anyone who suspects a wildlife crime has been committed should contact police.

A spokesperson said: “Licences can only be granted to farmers and land managers in order to support significant or long-term environmental benefits or to prevent serious damage, when no other humane options are suitable.

“All licence applications are rigorously scrutinised and where licences have been granted, both NatureScot and Police Scotland must be notified before any activity is undertaken, and can attend to monitor compliance.

“NatureScot and Police Scotland have carried out a number of visits to ensure that where dogs are being used to hunt foxes under licence, those doing so are acting in accordance with their licence and they will continue to do so.”

A NatureScot spokesperson said the organisation is committed to eliminating illegal fox hunting.

They added: “This year, all licences we have issued have been to prevent serious damage to livestock.

“NatureScot and Police Scotland must be notified before any activity takes place. Of the 41 licences we’ve issued, 33 have been used by only four dog handlers, and two of these individuals have been subject to compliance monitoring.

“We have issued only one licence for the use of more than 20 dogs.”

A spokesperson for the Scottish Countryside Alliance, which represents the Lauderdale hunt, said: “The legislation designed and passed by the Scottish Government specifically includes a licence to use more than two dogs in certain circumstances.

“It is clear that the Scottish Government accepts that it is vital for farmers and landowners across Scotland to have the ability to effectively protect livestock and species of concern using more than two dogs.

“Where licences have been issued, strict criteria has been met.”