Ministers ask for views on Bonomy hunting proposals

Lawyers and others have their chance to give an opinion on specific legislative amendments, in a Scottish Government consultation on Lord Bonomy's proposed changes to Scotland's hunting laws.

The retired Court of Session judge reported last November after reviewing the operation of the Protection of Wild Mammals (Scotland) Act 2002, which critics claim has failed to achieve the desired purpose of ensuring the humane killing of foxes by shooting rather than being caught by dogs, and which Police Scotland has criticised as unworkable (click here for Journal report).

Lord Bonomy concluded that it was not possible to give a clear answer to the question of the Act's efficacy, but that revising its terms and introducing other measures including a code of practice and better monitoring could help clarify the situation.

Environment Secretary Roseanna Cunningham, who accepted the report on its publication, has already established a stakeholder group to progress the non-legislative recommendations. The other strand of work on the recommendations for legislative reform with particular regard to interpretation and enforcement. – the subject of the present consultation.

In a series of questions it asks whether respondents agree with each of Lord Bonomy’s proposed clarifications of the Act, before turning to broader points such as the mental state required for illegal hunting, the burden of proof, and the time limit for prosecution.

“We recognise that some aspects are likely to be viewed by some as controversial and will require careful thought”, the paper states. “Any ensuing proposals for change will also need to be subject to the scrutiny of parliamentary draftsmen. At this stage however, we are interested in your views on Lord Bonomy’s recommendations with particular regard to possible practical effect.”

In her introduction Ms Cunningham similarly comments: “I anticipate that it will generate a high degree of interest. Indeed, some aspects are likely to be viewed by some as controversial and will require very careful thought before we commit to pursuing legislative change. Your contribution will therefore be of considerable value in informing our thinking and I am grateful for your participation.”

Click here to access the consultation. The closing date for responses is 31 January 2018.