Tuesday, February 08, 2005
ROUND TWO
BBC Online
The Parliament Act was used to force a ban on hunting with dogs Campaigners trying to overturn the law banning hunting with dogs in England and Wales are set to take their case to the Court of Appeal.
Last month, the High Court rejected the Countryside Alliance's argument the law was unsound as the 1949 Parliament Act used to pass it was itself invalid.
The alliance may ask for an injunction delaying the ban from starting on 18 February, pending the appeal decision.
Animal welfare groups welcomed the ban and will act to prevent its delay.
The League Against Cruel Sports has said it will make legal representations against an injunction, which could delay implementation of the Act until September.
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.
Commons Speaker Michael Martin invoked the Parliament Act for only the fourth time in 55 years to get the new law past the House of Lords, which was opposed to the ban.
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.
But in January, Lord Justice Maurice Kay, sitting with Mr Justice Collins, ruled the 1911 Parliament Act had allowed provision for amendments to the legislation.
The alliance is also mounting a challenge to the ban on human rights grounds, which could end up in the European Court of Human Rights in Strasbourg.
Tuesday's appeal is being heard by Lord Woolf, the Lord Chief Justice, sitting with the Master of the Rolls, Lord Phillips, and Lord Justice May.
If they decide to uphold the ban, which affects England and Wales, it could still come into force in February.
However, the Alliance has said it may seek an injunction preventing prosecutions under the Hunting Act until all of its legal challenges have been resolved, a process which could take years - thus delaying a ban.
But it can only do this if it is granted leave to make a final appeal to the House of Lords, although the government has said it will not block an injunction.
The Parliament Act was used to force a ban on hunting with dogs Campaigners trying to overturn the law banning hunting with dogs in England and Wales are set to take their case to the Court of Appeal.
Last month, the High Court rejected the Countryside Alliance's argument the law was unsound as the 1949 Parliament Act used to pass it was itself invalid.
The alliance may ask for an injunction delaying the ban from starting on 18 February, pending the appeal decision.
Animal welfare groups welcomed the ban and will act to prevent its delay.
The League Against Cruel Sports has said it will make legal representations against an injunction, which could delay implementation of the Act until September.
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.
Commons Speaker Michael Martin invoked the Parliament Act for only the fourth time in 55 years to get the new law past the House of Lords, which was opposed to the ban.
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.
But in January, Lord Justice Maurice Kay, sitting with Mr Justice Collins, ruled the 1911 Parliament Act had allowed provision for amendments to the legislation.
The alliance is also mounting a challenge to the ban on human rights grounds, which could end up in the European Court of Human Rights in Strasbourg.
Tuesday's appeal is being heard by Lord Woolf, the Lord Chief Justice, sitting with the Master of the Rolls, Lord Phillips, and Lord Justice May.
If they decide to uphold the ban, which affects England and Wales, it could still come into force in February.
However, the Alliance has said it may seek an injunction preventing prosecutions under the Hunting Act until all of its legal challenges have been resolved, a process which could take years - thus delaying a ban.
But it can only do this if it is granted leave to make a final appeal to the House of Lords, although the government has said it will not block an injunction.
