Sunday, December 26, 2004
BOXING DAY & BEYOND
I hope that the report in Thursday’s Times that there is a real possibility of a delay to the implementation of the Hunting Act will have come as a welcome Christmas surprise. However, we must also look at this development realistically.
The Times reported that: “Lord Goldsmith, the Attorney-General, has agreed that he will not oppose any application from the Countryside Alliance for an injunction postponing implementation of the hunting ban before the courts have ruled on its legality”.
Contrary to the headline on the article and some subsequent comment there has been no ‘deal’ done between the Alliance and the Government. We have two very strong legal challenges, which could affect the validity of the Hunting Act. As is normal our lawyers will have been in discussion with Government lawyers about a range of issues, and ‘implementation’ is most likely to have been on their agenda.
The Government is now signalling that it would not oppose applications for delaying implementation, which would seem a sensible response to what could otherwise be a very confusing situation for everyone, and in particular the police. For our part such injunctions, if the courts were minded to grant them, might allow us to continue hunting during the period of the legal challenges. But the decision as to what interim relief might or might not allow is a matter for the courts and the courts alone.
The challenge to the Parliament Act will be heard in the High Court on 25th/26th January and if it fails at the first stage the Alliance will immediately apply for an injunction pending appeal. A Human Rights challenge to the Hunting Act will be launched around the same time
This possible scenario, however, must not and would not see any lessening of our campaigning in other areas. We must continue to hold to account those Ministers who are most responsible for allowing the enactment of unjust legislation. We must continue to prepare to hunt within the new legislation, if it ever comes into force, for as long as it takes to repeal or replace the Hunting Act. We must continue to encourage all those who believe in freedom and tolerance to engage in the General Election campaign. Finally, whatever the courts decide, the Hunting Act will not be repealed before Feb 19th, so our huge show of strength then remains firmly in the diary.
In October the campaign to save hunting reached its inevitable nadir – the passing of the Hunting Act by use of the Parliament Acts. Our opponents celebrated as if this was the end of the fight and the end of hunting. We had, however, prepared carefully and prepared well and the reaction of the rural community has come as a shock do those who did not understand the depth of our commitment.
Last week saw a possible acknowledgment of the strength of our legal challenges. Tomorrow (Boxing Day) hundreds of thousands of people will show their support for their local hunt. We will launch the Hunting Handbook which will outline the temporary forms of hunting that will be adopted until the Hunting Act is repealed. Legislation based on prejudice cannot stand the test of time. In the last few months we have shown our determination to last the course, which is why our opponents are no longer celebrating but instead are becoming increasingly concerned.
Have a great day and enjoy your hunting. This Boxing Day and the next one too!
Simon Hart
The Times reported that: “Lord Goldsmith, the Attorney-General, has agreed that he will not oppose any application from the Countryside Alliance for an injunction postponing implementation of the hunting ban before the courts have ruled on its legality”.
Contrary to the headline on the article and some subsequent comment there has been no ‘deal’ done between the Alliance and the Government. We have two very strong legal challenges, which could affect the validity of the Hunting Act. As is normal our lawyers will have been in discussion with Government lawyers about a range of issues, and ‘implementation’ is most likely to have been on their agenda.
The Government is now signalling that it would not oppose applications for delaying implementation, which would seem a sensible response to what could otherwise be a very confusing situation for everyone, and in particular the police. For our part such injunctions, if the courts were minded to grant them, might allow us to continue hunting during the period of the legal challenges. But the decision as to what interim relief might or might not allow is a matter for the courts and the courts alone.
The challenge to the Parliament Act will be heard in the High Court on 25th/26th January and if it fails at the first stage the Alliance will immediately apply for an injunction pending appeal. A Human Rights challenge to the Hunting Act will be launched around the same time
This possible scenario, however, must not and would not see any lessening of our campaigning in other areas. We must continue to hold to account those Ministers who are most responsible for allowing the enactment of unjust legislation. We must continue to prepare to hunt within the new legislation, if it ever comes into force, for as long as it takes to repeal or replace the Hunting Act. We must continue to encourage all those who believe in freedom and tolerance to engage in the General Election campaign. Finally, whatever the courts decide, the Hunting Act will not be repealed before Feb 19th, so our huge show of strength then remains firmly in the diary.
In October the campaign to save hunting reached its inevitable nadir – the passing of the Hunting Act by use of the Parliament Acts. Our opponents celebrated as if this was the end of the fight and the end of hunting. We had, however, prepared carefully and prepared well and the reaction of the rural community has come as a shock do those who did not understand the depth of our commitment.
Last week saw a possible acknowledgment of the strength of our legal challenges. Tomorrow (Boxing Day) hundreds of thousands of people will show their support for their local hunt. We will launch the Hunting Handbook which will outline the temporary forms of hunting that will be adopted until the Hunting Act is repealed. Legislation based on prejudice cannot stand the test of time. In the last few months we have shown our determination to last the course, which is why our opponents are no longer celebrating but instead are becoming increasingly concerned.
Have a great day and enjoy your hunting. This Boxing Day and the next one too!
Simon Hart
