High Court upholds ban on hunting
High Court upholds ban on hunting
Author
Discussion

Dave D

Original Poster:

696 posts

276 months

Friday 28th January 2005
quotequote all
BBC News said:

High Court upholds ban on hunting

Pro-hunt campaigners have lost their High Court challenge to the law banning hunting with dogs in England and Wales.

The Countryside Alliance had told judges the law was invalid because it was passed using the Parliament Act.


The Parliament Act was used to force a ban on hunting with dogs

Campaigners are now expected to apply for an injunction to allow further appeals and to launch a challenge on human rights grounds.

The ban, due to start on 18 February, is welcomed by animal rights groups but many hunters say they will ignore it.

The League Against Cruel Sports are in court to make legal representations against an injunction, which could delay implementation of the Act until September.

League spokesman Mike Hobday said whichever side loses could be expected to pursue appeals that could last for years.

"That is why it is very important that the courts today refuse an injunction and refuse the idea of delaying the commencement of the Hunting Act," he said.

However, the government has said it would not oppose an injunction, as MPs had voted for the ban to be delayed until July 2006 anyway, but were overruled by peers.

Police action

The judges' ruling comes as the BBC obtained documents under the Freedom of Information Act suggesting police may not crack down on illegal hunts.

Chief Constable Alastair McWhirter, rural spokesman for the Association of Chief Police Constables (ACPO), says their aim would be to gather evidence for a prosecution.

"What we probably wouldn't do is go out there and say 'stop' to the hunt, but gather evidence using our eyes and video cameras," he said.

On Friday, Mike Hobday of the League Against Cruel Sports told BBC Radio 4's Today programme Parliament had decided hunting with dogs was cruel and should end.

'Enormous implications'

But he said pro-hunt campaigners had "every right" to go to court.

"It is far better that they do that than campaign through civil disobedience."

Lawyers for the Countryside Alliance based their legal case on claims that the 1949 Parliament Act, which lets the House of Commons overrule the House of Lords, was itself invalid because it was never passed by peers.

A win for the alliance would have been constitutionally significant as it would have rendered a number of other laws passed under the Act questionable.

Livelihoods

The call for a judicial review over the ban was in the names of Countryside Alliance chairman John Jackson and Mair Hughes, from Gilfach Goch, Mid Glamorgan, wife of the Master of the Llangeinor Hunt, who is also a farrier.

Mrs Hughes, 46, claims her job as book-keeper to the farriery is in danger from the ban as well as her social life.

On Tuesday, Sir Sydney Kentridge QC, for the alliance, told the High Court a ban would affect the livelihoods of many people.

He said: "It will prevent many thousands more from continuing lawfully what has been for many a major source of recreation and enjoyment."

But the Attorney General, Lord Goldsmith QC, said there was "no doubt" that the 1949 Act was passed in accordance with the correct procedures under the previous Parliament Act of 1911.


More fuel for the fire.

granville

18,764 posts

284 months

Friday 28th January 2005
quotequote all
Then break the law.

It is clearly rotten in this regard, simpleton, concessionary legislation for the vile revolutionaries in our midst, peasants hell bent on violating any and everything of substance within Alby.

I applaud any trampling of the lower orders, the odious dogs.

minornut

1,049 posts

260 months

Friday 28th January 2005
quotequote all
Freedom's coffin just received another nail!

Now the Gov. can get any piece of legislation they want onto the statute books as the check of the House of Lords has effectively been removed.

ATG

22,980 posts

295 months

Friday 28th January 2005
quotequote all
minornut said:
Freedom's coffin just received another nail!

Now the Gov. can get any piece of legislation they want onto the statute books as the check of the House of Lords has effectively been removed.

Nothing has changed. All this judgment has done is confirm the status quo. When push comes to shove, the view of the Commons supercedes that of the Lords. Without such a provision, Parliament is ultimately undemocratic. Challenging the Parliament Act was never going to suceed.

As a matter of interest, have the Conservatives said they will repeal the ban if they get into office?

>> Edited by ATG on Friday 28th January 12:22

vixpy1

42,697 posts

287 months

Friday 28th January 2005
quotequote all
ATG said:

Nothing has changed. All this judgment has done is confirm the status quo. When push comes to shove, the view of the Commons supercedes that of the Lords. Without such a provision, Parliament is ultimately undemocratic. Challenging the Parliament Act was never going to suceed.



It should have done.

Bring on the Civil disobedience!

minornut

1,049 posts

260 months

Friday 28th January 2005
quotequote all
ATG said:

minornut said:
Freedom's coffin just received another nail!

Now the Gov. can get any piece of legislation they want onto the statute books as the check of the House of Lords has effectively been removed.


Nothing has changed. All this judgment has done is confirm the status quo. When push comes to shove, the view of the Commons supercedes that of the Lords. Without such a provision, Parliament is ultimately undemocratic. Challenging the Parliament Act was never going to suceed.

As a matter of interest, have the Conservatives said they will repeal the ban if they get into office?

>> Edited by ATG on Friday 28th January 12:22


I believe the Cons. have said they will repeal the ban if voted in.

Oh well the fight will go on and on and on

anonymous-user

77 months

Friday 28th January 2005
quotequote all
This is great news. It means we can have huge protests and mass law breaking in the run up to the election and show what a stupid decision it was by this half witted government to spend so much time on bringing in an unenforcable and ridiculous law.

Bliar will be livid.

phib

4,520 posts

282 months

Friday 28th January 2005
quotequote all
Well we will be hunting on the 19th come hell or high water !!!!!!! or some stupid goverment

JonRB

79,335 posts

295 months

Friday 28th January 2005
quotequote all
Doesn't surprise me.

It is very rare for a High Court to overturn a law.

We tried it with IR35 and that failed too.

jamesc

2,820 posts

307 months

Friday 28th January 2005
quotequote all
Ted,

Please stop this thread so we can all carry on stamping on the four Arab terrorists!

regards

James

Yugguy

10,728 posts

258 months

Friday 28th January 2005
quotequote all
The Parliament Act should NOT have been used to force through this unimportant piece of legislation.

love machine

7,609 posts

258 months

Friday 28th January 2005
quotequote all
People are going to start major civil disobedience. Hunting will probably be the first big one. In our ballpark, Green Laning is going along the same way if you read Alun Michaels boomph.

Personally, I am in the " you, I won't do what you tell me" frame of mind, as a lot of people in the sticks are. I'm ready. There is a sort of un-directed hatred of this country, when it finds a direction (Which New Labour/Europe are doing their best to) people will become rabid and the prisons will not cope.

I'm convinced it will happen and it will be a very interesting time when it does. Man can only take so much punishment. At this rate, there must be a change or the fabric of society will break down.

EDIT:- Prisons not being able to cope, we shall have big fines to take their place. Hunting will soon be nailed when they start throwing big fines around. BIG FINES.

>> Edited by love machine on Friday 28th January 14:45

Dave D

Original Poster:

696 posts

276 months

Friday 28th January 2005
quotequote all
jamesc said:
Ted,

Please stop this thread so we can all carry on stamping on the four Arab terrorists!

regards

James



Hey! I'm on 11 replies and counting...

>> Edited by Dave D on Friday 28th January 14:28

forever_driving

1,869 posts

273 months

Friday 28th January 2005
quotequote all
love machine said:


Personally, I am in the " you, I won't do what you tell me" frame of mind, as a lot of people in the sticks are


I've never been to a hunt, seen one or even know how to go on one... but now it's been banned I want to give it a try, where do I sign up?

anonymous-user

77 months

Friday 28th January 2005
quotequote all
Dave D said:



Hey! I'm on 11 replies and counting...



Save it for Dozy, Beaky, Mick and Titch...........

Plotloss

67,280 posts

293 months

Friday 28th January 2005
quotequote all
UR is on the money.

If you could ask Bliar if he wanted to invoke the Parliament Act to get this through his answer would be a complete and emphatic no.

Come Feb 18th the amount of people who will start, return to and continue hunting will be staggering.

It will make the grinning idiot in No. 10 look like a right charlie and high time to.

mechsympathy

57,279 posts

278 months

Friday 28th January 2005
quotequote all
Plotloss said:
UR is on the money.

If you could ask Bliar if he wanted to invoke the Parliament Act to get this through his answer would be a complete and emphatic no.

Come Feb 18th the amount of people who will start, return to and continue hunting will be staggering.

It will make the grinning idiot in No. 10 look like a right charlie and high time to.


It does make you wonder if the court found for the Government precisely because they knew it would cause Bliar the most trouble.

I'd like to think so

Plotloss

67,280 posts

293 months

Friday 28th January 2005
quotequote all
It would be marvellous to consider that there are right minded OBN's still left in power; however I think the socialist upstarts have seen to those sorts of mechanisms for keeping the proles in check.

Unfortunately

IvIark

1,238 posts

260 months

Friday 28th January 2005
quotequote all
Anyone who thought that the high courts were going to rule the Parliament Act illegal, or even more funny, that the European Court of Human Rights is going to come out in favour of the hunters is living in cloud cuckoo land.

Anyway we'd better close this thread because as we are discussing what is soon to be a criminal act, it obviously has no place in a law abiding forum such as this.

Mrs F do your stuff!

vixpy1

42,697 posts

287 months

Friday 28th January 2005
quotequote all
IvIark said:
we are discussing what is soon to be a criminal act, it obviously has no place in a law abiding forum such as this.

Mrs F do your stuff!


Soon is the important word there..

It aint yet!