Scottish court rules out end to ban on fox hunting

Campaigners fighting to overturn the law banning hunting with hounds in Scotland yesterday lost the first round of their legal challenge when a judge ruled their arguments "incompetent" and "of doubtful relevancy".

Legislation passed by the Scottish Parliament in February outlaws mounted fox hunts, hare coursing and fox baiting as from today.

In an attempt to halt the ban, nine individuals and organisations, including the Countryside Alliance, Masters of Foxhounds Association and the Buccleuch Hunt Supporters Club, took their case to the Court of Session in Edinburgh. They argued that the Act breaches their human rights and an end to fox hunting would result in a loss of jobs and income for rural communities.

But in a written judgment, following an eight-day hearing, Lord Nimmo Smith ruled that the courts were not in a position to overrule Scottish Parliament decisions.

After the judgment, hunt supporters said they were "disappointed but not surprised" by the court's decision, but vowed to fight on "in every court of the land" to protect individual rights over "political dogma".

"The Scottish Countryside Alliance does intend to appeal," said Mr Allan Murray, director of the Scottish Countryside Alliance (SCA). "This legislation will shatter livelihoods and businesses in rural Scotland." He added that many hunts would take advantage of the exemptions allowed by the Act "to offer a fox-control service for farmers and landowners".

Anti-hunt campaigners south of the border claimed the ruling would add momentum to efforts to introduce a ban in England and Wales.

"This decision will add further pressure on the Government to bring forward legislation that will clearly bring an end to the gratuitous cruelty of hunting with dogs in England and Wales," said Mike Hobday, of the League Against Cruel Sports.