APPENDIX 6

ROLE, RULES AND RECOMMENDATIONS OF THE MASTERS’ ASSOCIATIONS AND OTHER ORGANISATIONS

6.1       The various Masters’ associations are the governing bodies of all hunts and clubs that wish to be ‘recognised’.  They have constitutions, rules, codes of conduct and disciplinary powers intended to ensure the proper management of hunting activities.  Of particular relevance to this Inquiry are the codes of conduct as they relate to humane treatment of the quarry, and to relations with other users of the countryside whose interests may be affected by hunting with dogs.

The Independent Supervisory Authority for Hunting (ISAH) Ltd

6.2       The Phelps Review of Hunting With Hounds, commissioned by the Countryside Movement and published in 1997, recommended the creation of an independent authority to oversee the activities of its member associations.  The purpose was to obviate the need for statutory control of hunting with hounds by providing an effective regime of self-regulation and more transparent accountability.  The company, ISAH Ltd, was incorporated in December 1999.

6.3       The founding members of the company are its chairman, Sir Ronald Waterhouse Q.C., who is a former High Court judge and chairman of the Inquiry into Child Abuse in North Wales and is independent of the subscriber associations to the company; the chairman of the Countryside Alliance’s Hunting Committee; and the chairmen of all the subscribing Hunting Associations, namely, the Masters of Foxhounds Association, the Central Committee of Fell Packs, the Federation of Welsh Packs, the Association of Masters of Harriers and Beagles, the Masters of Bassett Hounds Association, the National Coursing Club, the Association of Lurcher Clubs, the Masters of Deer Hounds Association, the Masters of Mink Hounds Association, and the National Working Terrier Federation.

Objectives

6.4       ISAH Ltd’s stated objectives are:

• to act as an independent supervisory authority for hunting, coursing and terrierwork in England and Wales
• to examine and approve the Rules and Codes of Conduct and supervise disciplinary procedures to which those engaged in hunting, coursing and terrierwork should adhere
• to supervise the organisations which govern the activity of those engaged in hunting, coursing and terrierwork in England and Wales so as to ensure that such organisations enforce compliance with such Rules and Codes of Conduct

6.5       The work of ISAH Ltd will be carried out by seven Commissioners. Two of these are ex officio in accordance with ISAH Ltd’s Articles of Associations, namely, the chairman of ISAH Ltd himself, and the chairman of the Countryside Alliance’s Hunting Committee. The other five are appointed by an appointments panel of five persons, separately nominated by the senior officers of the National Farmers’ Union, the Countryside Alliance, the Royal College of Veterinary Surgeons and the chairman of ISAH Ltd.

• to refer proper complaints to the relevant hunting association for investigation and action
• to examine the outcome of their disciplinary investigations and to impose additional sanctions, within the proper powers of that Association, if it considers insufficient attention has been paid to the public interest, or is otherwise dissatisfied with the Association's decision
• where necessary, to issue a public warning or censure to a member organisation, or suspend, or ban an individual of a member organisation from holding office

6.7       Each member organisation of ISAH Ltd must obtain at the start of the hunting season the agreement of all their member hunts to accept the final authority of the Commissioners, and at the end of each season, provide a written report of the season’s activities.

6.8       The Commissioners met for the first time on 18 May 2000.  They reviewed and pronounced themselves satisfied with the manner in which five disciplinary cases had been handled by the Master of Foxhounds Association  (see below).  Other member associations did not report any disciplinary cases relevant to this Inquiry.  The Commissioners agreed to begin a review at their next meeting of the rules and codes of conduct of their member organisations.

Organisation of the MFHA

6.9       The MFHA is run by a committee of twelve members who serve for a period of three years each, together with professional help. It regulates foxhunting by its Rules and a Code of Conduct. Terrierwork is controlled by keeping the National Register of Hunt Terriermen. The MFHA also organises seminars regionally on the subject over a three year cycle in order to promote good practice.  Other relevant functions of the MFHA include cooperation with MAFF on the handling of animal carcasses (fallen stock), kennel inspections and the administration of point-to-points and equestrian cross country team events.  Another important function is the keeping of the stud book for the hounds.

Organisation of MFHA packs

6.10     The main points are:

• a Committee of members runs the individual hunts. It establishes the working policy of the Hunt, looks after the finances and appoints the Masters
• the Master/Joint Masters are mostly unpaid and have ultimate responsibility for the activities of the pack. These include Hunt staff matters, liasing with landowners, and programming and directing hunting days
• the Huntsman controls the hounds during the hunting day and, if a professional, will also be responsible for kennel matters. He or she is assisted by a whipper-in
• the Fieldmaster is either the Master or a nominee and is responsible for stewarding the mounted followers, particularly to prevent trespass and damage
• the Terrierman, in addition to duties on the day of a hunt, is responsible for the general maintenance of the Hunt country, which can often entail work such as path clearing and management of coverts.

Principles of Regulatory Code

6.11     The main principals are:

• recognised hunting is the hunting of a wild animal in its wild and natural state. No fox is to be hunted that has previously been captive or in any way handled
• retention of the good will of the farmers
• Masters of Hounds or their appointed deputies are solely responsible for the conduct of the hunt and their authority is absolute.

6.12     The main provisions are:

General

• hounds to be prevented from hunting into a built-up area
• hounds to be removed if the fox is hunted to an inhabited building or one adjacent thereto

• digging-out requires the permission of both landowner and Master
• a hunted fox cannot be dug out from a natural earth other than for the purpose of humanely destroying it.  A hunted fox can be bolted from a man-made structure or where digging is not possible
• a handled fox cannot be rehunted
• a fresh fox can be bolted
• Master or his or her appointee to supervise all digging and bolting work which should be carried out by no more than 1- 2 persons and where possible one terrier only
• Master is responsible for activities of terrierman, who must be registered and hold current licence from the MFHA.

• hounds to be taken out of sight and hearing
• bolted fox to be given a sporting chance to escape

• all earth stoppers to hold card issued by MFHA
• stopping of setts to be carried out in accordance with section 5 of the Protection of Badgers Act 1992.

• permitted only as deemed necessary by Master to prevent fox from straying for safety, farming and fox control reasons

6.13     The MFHA's current disciplinary procedure was set up in 1998 in order to formalise the previous ad hoc committees that had dealt with complaints of misconduct by members i.e. all current and some former Masters of Hounds.

6.14     The disciplinary steward or his or her deputy, if satisfied with the strength of a complaint, investigates it further and in confidence, so as not to compromise the member if found innocent.

6.15     The current chairman of the disciplinary committee has advised the Inquiry that the greatest difficulty for the steward is to obtain reliable evidence relating to the complaint in hand.  He says that this is an inherent problem due to the nature of hunting, and that it may well be necessary in the future for the MFHA to consider means to ensure that reliable evidence of incidents is available wherever possible.

6.16     Once the steward or his deputy has investigated the complaint as fully as possible, a hearing takes place before the disciplinary committee of three.  The member accused is present throughout the hearing and is entitled to legal advice at his or her expense.  Civil standards of proof are applied and a decision can be made by majority only.  The range of sanctions are reprimand, the payment of costs of the Inquiry and the suspension or expulsion from membership.

6.17     The committee prepares a statement giving details of the matter.  It is intended for public use and, at the discretion of the MFHA, may or may not be issued to all members. It may also be issued to the press.

6.18     The MFHA has advised the Committee of Inquiry that, subject to members' approval at the annual general meeting on 6 June 2000, an amendment will be made to disciplinary proceedings, allowing, in the more serious cases of complaint, for a member to be suspended on immediate receipt of the complaint until the hearing can be held.

Disciplinary cases

6.19     The MFHA has advised the Inquiry of five disciplinary hearings since January 1999:

• use of an unlicensed terrierman.  Sanction: Master suspended until correct licensing in place
• two cases of trespass onto railway lines to retrieve hounds, in one of which two hounds were struck by a train and killed.  Sanction: Master reprimanded and instructed to take action to prevent future incidents
• digging-out on land owned by the Forestry Commission contrary to standing instructions.  Sanction: Joint Masters suspended from hunting for two weeks and terriermen’s licences withdrawn for the next three hunting seasons
• alleged interference with a badger sett.  The hearing was delayed pending the outcome of court proceedings on the matter.  After the court acquitted the accused, the disciplinary committee nonetheless found the Master guilty of digging-out without landowner's permission.  Due to mitigating circumstances the Master was reprimanded only

Other associations governing hunting foxes with hounds

6.20     The Central Committee of Fell Packs (CCFP) and the Federation of Welsh Packs (FWP) have similar governing structures, rules and codes of conduct to those of the MFHA. However, the following points should be noted:

• the CCFP are fully affiliated to the MFHA. The huntsman is responsible for terrierwork. In view of the frequently rocky terrain, the Committee’s code of conduct on terrierwork is less restrictive than that of the MFHA. Digging-out or netting are not always an option and, as a result, the Committee allows greater latitude to re-hunt bolted foxes
• the FWP are also fully affiliated to the MFHA  and its members are bound by the same code of conduct. Members who hunt quarry other than foxes are bound by the rules of the relevant association.  To reflect the history of gunpacks in Wales, the Federation’s constitution authorises the use of shotguns.

6.21     The Welsh Farmer's Control Association (WFFC) differs somewhat from the other associations governing hunting foxes with hounds in that its overriding objective is fox control in its members' livestock rearing farming areas. It was founded in 1978 and has about 30 registered packs and hunts very largely without horses. There is some membership overlap with the FXP. It keeps its own list of terriermen who are authorised to work only on a meet by meet basis.

Association of Masters of Harriers and Beagles (AMHB)

6.22     The AMBH was established in 1891 primarily to maintain stud books and to run  the annual Peterborough show.  The maintenance and improvement of the breeds remains a central purpose of the Association, but nowadays it has assumed the role of the governing body for the registered packs.

6.23     There are 10 packs that hunt both foxes and hares, and the Association's regulations stipulate that, when hunting the former, packs are subject to MFHA regulations.  As far as hunting hares is concerned, the Association aims to:

• contribute to hare population management throughout the UK.
• maintain standards of conduct and performance by laying down and enforcing a code of conduct for its members.

Hunting the hare

6.24     The main provisions are;

• a hunted hare must be in its wild and natural state and it must not previously have been held in any form of captivity or had its freedom unnaturally restricted.
• a hare run to ground should either be left, or first got out and killed before being given to the hounds.
• hounds should be called off if a hare is hunted to an inhabited dwelling house.

6.25     The Association reserves the right to terminate the membership of anyone shown to have acted, or who has allowed others to act, in a manner which is prejudicial to the interests or good name of hare hunting.

6.26     The current chairman advises that there have been two disciplinary cases in recent years. In the first, complaints were received that digging out a fox had occurred too close to residential dwellings.  The complaints were upheld. The Master was cautioned as to his future conduct and guidelines laid out as to the future activities of the hunt.  In the second, the Master of the hunt was cautioned for his conduct towards a female motorist who had accidentally run over a hound.

Masters of Bassett Hounds Association (MBHA)

6.27     The rules and regulations resemble those of the AMBH insofar as they touch on the subject matter of the Inquiry

Masters of Deerhounds Association (MDHA)

6.28     The MDHA was formed in 1951 and is responsible for the three packs of deerhounds that hunt red deer in South West England.  It is the governing body of the three hunts and can adjudicate on any matter brought before it.  The Association consists of present or acting Masters, chairmen and other officials of member hunts.

6.29     Relevant rules of the association are:

• defining deer hunting to be the hunting of deer in their wild and natural state
• prioritising sick or lame deer to be hunted first, and on non hunting days to instruct Masters and their staff to provide a "casualty" service
• specifying that only an approved type of firearm should be used to kill a deer as expeditiously, safely and humanely as possible
• specifying that every effort should be made to stop hounds from entering a built-up area where they are not welcome.  If this should happen, due heed should be taken of the landowner's wishes.

6.30     The Association reserves itself the right to terminate the membership of any member shown to have broken its rules and regulations.  Any adjudication of the association must be signed by all members making that adjudication.

6.31     The Inquiry has been advised that there have been no disciplinary cases in recent years.

The Masters of Mink Hounds Association (MMHA)

6.32     Amongst its rules and recommendations, the Association stipulates that:

• missiles, other than shot, must not be used at a mink up a tree and the hounds must be kept at a distance
• a mink run to ground must be dead before handed to hounds
• the Master must take reasonable measures to avoid encounters with otters.

6.33     The Association reserves the right to strike off any member who has been shown to have acted, or to have permitted his or her servants to act, in a manner prejudicial to the good name of mink hunting.

6.34     The current chairman advises that there have been no disciplinary cases during his tenure of office.

The National Working Terrier Federation (NWTF)

Organisation

6.35     In 1984, all the major working terrier clubs in the UK joined together to form the NWTF, with the stated aim of promoting the humane and efficient use of working terriers.  Adherence to the Code of Conduct is a condition of membership.  There are currently 26 member clubs, comprising 3000-4000 individuals.  In addition to disseminating good practice amongst the members, the clubs are also centres for social activity.  Since 1997, the NWTF have operated a national identification card scheme and a register of ‘accredited’ terriermen.  This scheme is designed by the Federation as a form of self-regulation, especially for those independent terriermen who are not directly connected with registered hunts.  Key aspects of accreditation are that individuals must have been club members for at least two years, well known to other members, and not to have ever been found guilty of any offences under the Protection of Badgers Act 1992, or the 1911 and 1996 animal protection Acts.  The accreditation is validated yearly.  The Federation also keeps a register of individuals who, it has reason to suspect, would not be suitable for membership of one of their clubs.

6.36     The main provisions of the Code of Conduct in relation to the practice of working with terriers are:

• the objective of properly conducted terrierwork is to provide a pest control service, which is humane, efficient and selective
• particular care should always be taken to minimize any risk of injury to either the quarry or the terrier. The terrier’s role underground is to locate the quarry and to bark at it continuously so that it will either leave the earth to be netted, bolted to guns, or reached as quickly as possible and dispatched by shot
• landowner's permission must be obtained prior to any terrierwork
• injured quarry must be dispatched as soon as possible.  If, for whatever reason, the quarry is to be transported elsewhere before dispatch, due regard should be paid to its general welfare and comfort
• after digging, the excavated area must be returned to its original condition
• the use of locator collars is recommended so that quarry can be located quickly, and to minimise the likelihood of terriers becoming trapped
• terrierwork must be restricted to legal quarry species only.  Familiarity with the Protection of Badgers Act 1992 is essential, as is the knowledge of how to recognise a badger’s occupation of a sett.

Rules

6.37     The Federation has the right to strike off any member deemed by the committee(s) to have brought terrierwork into disrepute.  Any individual convicted of any offence under the Protection of Badgers Act 1992 or the Protection of Animals Act 1911 will be brought before the relevant committee(s).

6.38     Since 1996, there have been four separate occasions when a total of nine individuals have had their membership terminated because of convictions for badger offences.

The National Coursing Club (NCC)

6.39     The NCC fulfils a similar role in coursing as the Masters’ Associations do in respect of hunting. Section 41 of the NCC rule book covers the welfare of the hare at the coursing ground.

• the presence of  four "pickers-up’’ to dispatch humanely injured hares
• the state of the going and the design of the field must allow the possibility for the hare to escape
• the hare must have sufficient knowledge of the ground.

6.40     A Coursing Inspector must be present at every meeting to ensure compliance with the Club’s rules.  Provision is made in the rulebook for a range of penalties, including expulsion for those members found guilty of discreditable conduct, which includes mistreatment of the hare.

6.41     There have been no disciplinary cases in recent years.  On two occasions meetings have been abandoned when the inspectors were of the opinion that too many hares were being killed.

We welcome your comments on this site. Prepared 12 June 2000