Independent monitors should be brought in to make sure laws on fox hunting in Scotland are not being breached, a review has concluded.
Lord Bonomy’s report also found that some aspects of the current legislation “complicate unduly” the investigation and prosecution of offences.
He was tasked by Scottish ministers with ensuring the law protects foxes and other wild mammals while allowing for their control where needed.
Fox hunting with dogs was banned in Scotland in 2002, with the Protection of Wild Mammals (Scotland) Act stating that a person who deliberately hunts a wild mammal with a dog is committing an offence.
An exception is made when dogs may be used to stalk or flush out a fox to be shot for purposes including the control of pest species, protecting livestock or ground nesting birds.
Mounted hunts in Scotland have since offered farmers, landowners and estate managers a pest or fox control service, but campaigners have claimed “loopholes” in the legislation mean it is not “worth the paper it is printed on”.
In his report, Lord Bonomy said: “The review has led to two broad conclusions: in the first place, that there are aspects and features of the legislation which complicate unduly the detection, investigation and prosecution of alleged offences.
“Secondly, that there is a basis for suspecting that there may be occasions when hunting, which does not fall within one of the exceptions, does take place and that the grounds for that suspicion should be addressed.”
He said consideration should be given to the appointment of part-time, independent hunt monitors to randomly observe hunts using packs of hounds, underpinned by a code of practice.
There have so far been no successful prosecutions in relation to mounted fox hunting and a Police Scotland submission to the review described the law as “somewhat unworkable”, highlighting a lack of clarity over key terminology.
Lord Bonomy has therefore called for the language of the Act to be tightened up to ensure “greater consistency and clarity of expression”.
He also suggested ministers look at the possibility of vicarious liability, meaning landowners who have permitted a hunt on their land could be held culpable if an offence is committed during it, and consider extending the time limit for bringing prosecutions under the Act.
Scottish Environment Secretary Roseanna Cunningham said: “The Scottish Government recognised concerns about whether the legislation on fox hunting is working properly – that is why we asked Lord Bonomy to carry out this detailed work.
“Back in 2002, Scotland led the way in addressing animal welfare concerns and we remain committed to ensuring the highest levels of welfare for our wild animals.
“We will now carefully consider the findings, with a view to responding in 2017. Any ensuing proposals for legislative change will be subject to the proper consultation processes.”
