UK Ban Is Challenged in Court

Bloomberg News Service, Jan. 25, 2005



Britain's ban on fox hunting with dogs will be challenged in London's High Court today in the first in a series of legal challenges brought against the law by a pro- hunting group.



Countryside Alliance Chairman John Jackson and member Mair Hughes will today argue that the ban, scheduled to take effect next month, wasn't validly adopted by U.K. Parliament, Jackson told reporters outside the court.



``This is probably the most important constitutional case the High Court has ever had to consider and something that should concern all of us,'' Jackson said.



Prime Minister Tony Blair's government in November invoked little-used powers under the U.K. Parliament Act of 1949 to pass the Hunting Bill over the objection of the House of Lords, Parliament's unelected upper chamber.



The Act allows Parliament to pass laws that have been approved by the elected Commons but rejected by the Lords in two successive parliamentary sessions.



Members of Blair's Labour government have tried to ban hunting foxes with dogs since winning control of Parliament in 1997.



Street Protests



When the subject was last debated in Parliament in September, hunt supporters filled the streets to protest. Five men were arrested after breaking into the Commmons chamber to argue against the ban.



In a hunt, packs of hounds are released to chase down and kill foxes while a horn is blown. Riders on horses follow, sometimes wearing traditional red coats.



The Countryside Alliance, which claims to have more than 100,000 members in England and Wales, says that the Parliament Act of 1949 is invalid and cannot be used to pass other laws.



The Act, which has been invoked just seven times in the past century, is an amendment of an earlier version of the law, which allowed bills to be passed over the objection of the House of Lords if rejected by the upper chamber in three successive parliamentary sessions. The Alliance claims the amendment wasn't lawfully adopted.



Jackson said the group plans to appeal its case to the U.K. Court of Appeal if today's challenge is unsuccessful.



``We don't expect to lose,'' Jackson said.



The Alliance has also filed a separate lawsuit against the bill in the High Court on human rights grounds, claiming that the ban would deprive thousands of people of their livelihoods.



Sydney Kentridge QC, counsel to the family of South African anti-apartheid leader Stephen Biko on the inquest into his death, will represent Jackson and Hughes at today's hearing. A third petitioner in the case, Patrick Martin, will miss the hearing to lead the Bicester with Whaddon Chase fox hunt in Oxfordshire, according to the Countryside Alliance.



U.K. Attorney General Peter Goldsmith QC will present the government's case. Anti-hunting group League Against Cruel Sports is also expected to argue in favor of the ban.



A judgment is expected on Friday.