Tally-ho! Hunt followers ride roughshod over failing law

The fox barely stood a chance. First, he was chased to ground by a pack of hounds; then a terrier was sent to flush him into the open. Finally, men with guns and shovels arrived, to administer the coup de grâce with a pump-action 12-bore.

This is rural Britain, 18 months after the Government passed legislation which was supposed to ban hunting with dogs. Like the fox's bloodied carcass, torn to pieces by waiting hounds, that law is a sorry mess.

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Last week, The Independent was invited to follow a typical hunt in a remote corner of Wales. It killed nine foxes, almost all by illegal methods; the previous week's bag had been 13.

On that evidence, the Hunting Act is failing. Supporters of field sports believe it to be unenforcable, poorly drafted, and riddled with loopholes. Opponents say it is being ignored by many of Britain's 300-odd hunts on a daily basis.

"The biggest threat to our future isn't this ban," said a follower of the hunt, as we met at a remote crossroads. "As you're about to see, it's had absolutely no effect on us. The biggest threat, and I hope this doesn't make me sound racist, is rich townies from England buying-up smallholdings, and stopping us using their land."

The Countryside Alliance agrees. This season, they say there are more hunts, with more supporters, than ever before. In some places, hunts exploit loopholes in the law. In others, they simply ignore it. Either way, foxes are still being killed in their thousands.

In the past decade, Parliament has devoted many hours to banning what Oscar Wilde called the pursuit of the uneatable by the unspeakable. Yet the police classify illegal hunting is a "non-recordable" offence, on a par with a minor traffic violation.

Not one CPS prosecution under the Hunting Act has yet been successful in a British court. Only two have even been mooted. In rural Wales, local people say, the police have no interest in enforcing the law.

"I rang the police station this morning to say we'd be out," said the Master of Fox Hounds at last week's illegal meeting. "Do you know what they told me? The boy told me to have a nice day. In Welsh, of course.

"We've spoken to the Chief Constable and he told us that his officers must govern with the consent of the people. Out here, that means he'll divert no resources to the hunting ban, unless we take the piss."

The main reason foxes are still being killed is the Hunting Act contained several "exemptions" under which a pack of hounds may continue to operate. They are still, for example, allowed to flush a mammal towards a bird of prey, or to follow an artificial "drag" or trail.

To anyone but an expert, those exempt activities look identical to normal hunting. For a court to accept that any law has been broken, video evidence is required that a mammal's pursuit was not an "accident". The only successful prosecution to have been brought was a private case bought by the League Against Cruel Sports against an Exmoor huntsman, Tony Wright. It centred on alleged "exemptions" and will go to appeal.

Last week, the Welsh farmers' hunt had its excuses to hand. "As you know, boys," said the hunt master, "if anyone asks, we are hunting rabbits today. I don't expect that we'll see any, mind."

He was right. In five miles of woodland, over six hours, the 22 hounds accounted for nine foxes. They were illegally shot, or killed by hounds and lurchers. Not a single rabbit was seen or pursued.

"This is sheep country," explained a follower. "What we are doing today is all about pest control and keeping down the fox population. We are a foot pack, providing a valuable service to local farmers. And we are very good at what we do."

The Association of Chief Police Officers wouldn't discuss its policy on illegal hunting yesterday. But the League Against Cruel Sports said it estimated that more than 50 per cent of hunts were now breaking the law.

"They believe they can break it with impunity, and are carrying on in the belief they won't be charged," said a spokesman. "However the Tony Wright case has set a benchmark for the police, and we believe many more forces will now prosecute."

The Countryside Alliance, said many hunts were "pushing the limits," but said it demonstrated shortcomings in the Act.

"It is a bad law, which simply isn't working, and the only answer is repeal," said a spokesman. "Hunting will last longer than this Government and a future administration is going to have to get rid of what is essentially a bad law, and look at hunting on the basis of animal welfare and wildlife management not blind prejudice."

Hunting in the UK - the facts

* There are 184 hunts registered with the Master of Foxhounds Association, and an estimated 150 affiliated to other organisations

* Since the Hunting Act came into force in 2005, one pack has folded and two new ones have been formed

*All hunts now publicly claim either to have switched to drag hunting, or to be hunting "within the law"

* Exemptions under the Act: A pack of hounds may flush a mammal from cover, so it can be hunted by a bird of prey

* Two (or fewer) dogs are permitted to flush a mammal from cover, so it can be shot at

*A pack of hounds can be used to hunt rabbits or rats (but not a hare or a mouse)

* One terrier may be used to flush out a mammal for reason of protecting game birds.