Hunting appeal reaches court

Tuesday, 8 February 2005 12:00 AM

The Countryside Alliance's challenge to the legality of the Hunting Act reaches the Court of Appeal today, only 10 days before hunting is due to be banned in England and Wales.

Today's appeal hearing, before the Lord Chief Justice of England & Wales, the Master of the Rolls and Lord Justice May is expected to last one day.

However, the Countryside Alliance has been given no indication of when a decision is likely to be reached - but assumes it will be before the ban comes into force on February 18.

If today's appeal fails then the alliance might apply for an injunction to prevent prosecutions under the Hunting Act until all legal challenges have ended.

In January the High Court upheld the legality of the ban to the delight of anti-hunt campaigners. Speaking outside the High Court, chief executive of LACS, Douglas Batchelor, said it was "a very good day for us and a very good day for British wildlife".

Lawyers for the Countryside Alliance had contested that the 1949 Parliament Act, which updated the 1911 Parliament Act, was invalid because it was not passed by peers.

The 1949 act was used by the House of Commons to push through a ban on hunting with hounds in England and Wales, despite the opposition of peers.

But, the Countryside Alliance argued that the 1949 act was invalid, along with any legislation passed using it. The Government, represented by the Attorney General Lord Goldsmith, had strongly contested the case, claiming that that 1949 act was valid.

Though the judge ruled that the act was valid, he did give the alliance leave to appeal -something Simon Hart, chief executive of the pro-hunting group, thought was not surprising: "We always thought it might end up in the House of Lords," he said.

Hunt supporters are also planning a big demonstration at the Labour Party's spring conference in Newcastle this Friday. Though a spokesperson for the Countryside Alliance was unable to give exact details about the numbers expected, she said it would be "big" as there are "strong feelings and anger in the countryside".

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