And There Went Hunting
Nov. 19th, 2004 09:37 am![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
Well, so comes the ban. I'm glad the government are concentrating on the important things.
It makes no real difference to my life (I don't hunt, though family, a few friends, and people I know from where I grew up do), but I am quite strongly opposed to a ban*. One wonders whether it'll end up as Scotland has, where the only real difference is that the foxes, having been flushed with dogs, are now shot. And just how expensive and effective it'll turn out to be in policing terms. I'm also rather interested, technically as it were, to see whether the argument that the 1949 Parliament Act is void because it was passed under the provisions of its predecessor, the 1911 Parliament Act, actually stands up. Lord Donaldson, former Master of the Rolls, has been banging on about this for some years now (entirely independent of the hunting debate) and it's certainly true that the way the Parliament Acts fit with traditional constitutional theory has never been properly examined. I think the 1949 Act has only been used two or three times before now (the War Crimes Act, which the Lords rejected on the grounds of poor drafting and it being retrospective legislation; the age of consent; and possibly something else). I think the 1911 Act was only ever used, as opposed to threatened, to pass the 1949 Act.
The human rights argument will, I am fairly sure, fail, both in the High Court and in Strasbourg if it gets there: see Whaley.
*I take it as read that all but a handful of you, and all but a handful of my friends in general, disagree with me.
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Date: 2004-11-19 02:09 am (UTC)Passed under the 1949 Act: War Crimes Act 1991, European Parliamentary Elections Act 1999, Sexual Offences (Amendment) Act 2000
http://www.parliament.uk/commons/lib/research/notes/snpc-00675.pdf
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Date: 2004-11-19 02:17 am (UTC)Government of Ireland 1914 Act (which pretty much gave Irish home-rulers, as oppposed to nationalists, what they wanted) was the one never brought into force because of the outbreak of WWI toook away political concentration somewhat. The result was 1916 and the rise of Sinn Fein to a serious political force.
I thought there was a third one under the 1949 Act but couldn't for the life of me remember what it was. Unsurprising it was on Europe.
I get paid for legal research you know...
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Date: 2004-11-19 02:19 am (UTC)Not that I'm an ardent supporter of the rights of foxes, but I suppose those of us to the left of Tony Blair have to be grateful for the scraps that are occasionally thrown to us.
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Date: 2004-11-19 02:30 am (UTC)no subject
Date: 2004-11-19 02:35 am (UTC)You could replace the word "backbenchers" in your comment with "the majority of elected MPs" without altering the meaning one jot. I personally prefer the latter phrase, but would be tempted to take it one step further and amend it to "the electorate".
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Date: 2004-11-19 03:00 am (UTC)So what principle is it that's been won ?
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Date: 2004-11-19 03:05 am (UTC)Ultimately, you're not going to succeed in portraying the ban as being anti-democratic in nature. But if you sincerely believe it is, it must be a relief to know that there will be a general election in the next 18 months, at which the hunting ban will no doubt be a central issue. The Conservative party might well come to power on the back of their pro-hunting stance, in which case I'll be proven wrong (but I sincerely doubt I will be).
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Date: 2004-11-19 05:53 am (UTC)no subject
Date: 2004-11-19 06:04 am (UTC)That's just a kind of background happiness though - the issue of fox-hunting is nothing like as important to me as it is to you. If you want a serious debate on the issue, I'm not the person to be talking to. And as I said earlier, it's all up for grabs at the next general election, where I'm sure the Tories will be promising to shelve the ban. The energies of the pro-hunt lobby should be directed towards that, I'd suggest, rather than people like me who are simply disinclined towards barbarism.
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Date: 2004-11-27 04:08 am (UTC)Really, the arguments proffered in favour of the hunt remind me of nothing so much as the story stammered by a man found naked with another man's wife, trying to explain how they got paint on all their clothes and then while they were changing he was reaching for something and fell on top of her. People don't hunt foxes because they need to control their numbers - they do it because it's fun. If numbers were their main concern, they would stick to shooting them; it would be far cheaper, and somehow I don't think they were plumping for hunting because they were worried about cruelty to the fox...
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Date: 2004-11-19 03:01 am (UTC)no subject
Date: 2004-11-27 04:12 am (UTC)Labour should be embarrassed to find themselves using the Parliament Act, though, given that they've just reformed the House of Lords...
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Date: 2004-11-27 04:16 am (UTC)no subject
Date: 2004-11-27 04:19 am (UTC)no subject
Date: 2004-11-19 03:14 am (UTC)no subject
Date: 2004-11-19 03:18 am (UTC)No moves for a ban in the Republic then?
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Date: 2004-11-19 03:34 am (UTC)As for a ban, not that I've heard of - it's not like it's a common sport here or anything anyway (to the best of my knowledge, being a Dubliner, mind). it rather has a tendency to be considered as having disctinct colonial overtones in places, y'see
actually, just found this article (http://www.timesonline.co.uk/article/0,,2091-459682,00.html), which, while not recent, may give you an idea.
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Date: 2004-11-19 03:38 am (UTC)As for the substance of the article, I'm unsurprised.
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Date: 2004-11-19 05:23 am (UTC)I'm wondering about the size or frequency of these hunts, though - I don't know how visible they would be, but I know I've never seen a hunt in all the driving I've done around the country in the last few years (not all on main roads, I might add!)
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Date: 2004-11-19 03:45 am (UTC)The Grafton Street Harriers (townies who come down just for the hunting) are unpopular enough without adding in British returners - a certain number of Brits will be welcome, but really only those who did come over and hunt in Ireland anyway.
Prepare for some broken necks as well - the Scarteen, for example, does stuff that absolutely *terrifies* seasoned hunters from the UK.
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Date: 2004-11-19 04:28 am (UTC)no subject
Date: 2004-11-19 05:14 am (UTC)There was a farmer in Carlow who tried to prevent his (dubiously acquired stock) from being slaughtered on the grounds that they didn't have foot and mouth - he lost the case. I asked my father what would have happened if he'd won, and Dad's reply was that he would have come out the next morning and found his stock dead anyway.
When there was a foot and mouth outbreak (something that did touch my family directly as the affected farmer is married to my mother's second cousin and I think I used to play with his kids when I was a child, not to mention that half the farmers affected in the cull were related to me, the closest being my uncle), the border at that point was effectively shut. It was a two-hour wait to get through the checkpoints and DJs on TwoFM (the equivalent of Radio One for UK readers!) were warning people not to go to Belfast that way but to detour through Monaghan.
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Date: 2004-11-19 10:46 am (UTC)I see an awful lot of comment from the CLA and others in the pro lobby about the impact on employment in the countryside, I can't help but wonder where they were through the 80s when farms were laying off workers like nobody's business to outsource farmwork to contractors (or more often using the same people as contractors on vastly reduced terms and conditions) and sell off the properties which would have gone to be staff housing or let them to holiday makers.
My brother's village can count the employed farmworkers on one hand these days where it used to be the main source of employment. There is a divide (and no small resentment) between people which was not so great when there was more of a 'shared interest' in the land around the area.
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Date: 2004-11-19 05:24 am (UTC)no subject
Date: 2004-11-19 08:35 am (UTC)I really hope the Countryside Alliance win on the Parliament Act point. It seems dangerous to me to have a second chamber which can be circumvented simply by having the first chamber pass an Act which says that it shall be circumvented.
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Date: 2004-11-19 10:55 am (UTC)I watched the last government use its in built majority in the Lords to push through legislation which was so unpopular that even with a majority in the commons it was hard to push through. The sight of doddering peers having to be directed to the House of Lords to actually vote on legislation at the behest of party whips, when they normally never went near the place, was not exactly an advert for a supposed democracy.
I can see some value in having specialists in a revising chamber who may not all be elected in the same way that the lower house is elected. I don't see why it should be able to push through or block legislation against the will of the elected house, whatever the issue.
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Date: 2004-11-27 04:14 am (UTC)no subject
Date: 2004-11-19 06:35 pm (UTC)I think it's sad that the ban was passed, but I'm also not surprised. From what little coverage the issue got on our side of the pond (an article in today's Washington Post, plus some coverage in the Chronicle of the Horse (http://www.chronofhorse.com), the U.S. horse mag of choice, it seems that this was inevitable.
One question: are drag hunts covered by the ban?
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Date: 2004-11-20 02:34 am (UTC)