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Hunting ban challenged under human rights laws

[Wednesday 15 March 2006]

The latest attempt to overturn the hunting ban in England and Wales reaches the end of its first session in the Court of Appeal in London today.

Brought by the Countryside Alliance, this latest challenge to the Hunting Act 2004 focuses on whether or not it breaches European Human Rights law and European Union Trading and Employment law.

Hunting ban challenged under human rights laws
Hunting ban challenged under human rights laws

Richard Gordon QC began proceedings on Monday on-behalf of the claimants; he suggested to the Appeal Court Judges that the evidence before lower courts "was not capable of demonstrating that it was necessary in a democratic society to introduce this ban".

This is now the second time that the Countryside Alliance has challenged the Act in the courts - originally the High Court did not find in favour of the claimants, however, it did grant them leave to appeal on several points.

The High Court accepted that elements of European Human Rights and EU law are engaged by the Hunting Act, although it concluded that the Government was justified in introducing the law.

Countryside Alliance Chief Executive Simon Hart commented: "We are confident of this case. The High Court accepted that the Hunting Act would have a long-term negative effect on the lives of many in the rural community in England and Wales.

"We will argue against the High Court's finding that there was a legitimate aim to the Hunting Act, and that it was a proportionate measure.

"Several MPs have themselves identified their motives in voting for the Hunting Act - and far from proving a legitimate aim this shows that the Act was based on prejudice rather than principle.

"There is no evidence to suggest that it has or will prevent unnecessary suffering - in fact it seems likely that it is already having a negative impact on animal welfare."

The case will go before the court again next Monday (March 20th)

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