Publication - Consultation analysis
Improving the protection of wild mammals: consultation analysis
Report analysing responses to the 2017 to 2018 Improving the protection of wild mammals consultation.
Annex 4: Question response rates (substantive responses only)
The table below shows the number of substantive (personalised) responses received, and the percentage of all substantive responses, for each consultation question.
| Question | Number of responses | % of 290 | |
|---|---|---|---|
| 1.1 | Do you think the definition of 'to hunt' as provided in the 2002 Act should be more specifically defined? [Yes / No] | 216 | 73% |
| Please explain your answer. | 174 | 59% | |
| 1.2 | Do you agree with Lord Bonomy's suggestion that the word 'deliberately' in section 1(1) serves no useful purpose? [Yes / No] | 213 | 72% |
| Please explain your answer. | 161 | 55% | |
| 1.3 | Do you think the Act would be clearer if 'searching' was included alongside 'stalking and 'flushing' in section 2(1)? [Yes / No] | 214 | 73% |
| Please explain your answer. | 168 | 57% | |
| 1.4 | Is 'searching' relevant to any other subsections? [Yes / No] | 184 | 63% |
| Please explain your answer. | 133 | 46% | |
| 1.5 | Do you think the Act would be improved if it included definitions of: | ||
|
198 | 67% | |
|
196 | 66% | |
|
196 | 66% | |
| 1.6 | Please explain your answer: | ||
|
128 | 44% | |
|
120 | 41% | |
|
126 | 43% | |
| 1.7 | Do you think section 2(3) should be framed more narrowly to remove any overlap with section 2(1) by removing reference to using a dog under control to flush a fox from an enclosed space within rocks or other secure cover above ground? [Yes / No] | 194 | 67% |
| Please explain your answer. | 145 | 50% | |
| 1.8 | Do you think that the various areas of overlap and inconsistency between sections 2(1), 2(3), 3(a) and 5 of the Act should be addressed in the manner suggested? [Yes / No] | 185 | 63% |
| Please explain your answer. | 145 | 50% | |
| 1.9 | Do you think the 'lawful means' mentioned in section 2(2) should be specified? | 195 | 66% |
| Please explain your answer. | 149 | 51% | |
| 1.10 | Do you think there are any other inconsistent, inappropriate or unnecessary features in the Act which could be improved, or do you think there are any terms in the Act which have not been covered above and should be addressed or have been omitted from the Act and should be included? Please identify them and suggest ways in which they might be addressed. | 169 | 58% |
| 2 | Do you agree with Lord Bonomy's suggestion that the legislation should impose a restriction in line with the Code of Conduct of the National Working Terrier Federation that, wherever possible and practical, only one terrier should be entered to ground at a time? [Yes / No] | 196 | 66% |
| Please explain your answer. | 171 | 59% | |
| 3 | Do you agree with Lord Bonomy's suggestions which seek to provide greater clarity on the question of whether someone is hunting illegally (by finding ways to clarify the element of intent)? [Yes / No] | 196 | 66% |
| Please explain your answer. | 152 | 52% | |
| 4 | Do you agree that we should explore a new vicarious liability provision whereby a landowner who permits a person or persons to deploy dogs to stalk, search for and flush wild mammals over their land is guilty of an offence in the event that someone involved in such activity commits an offence? [Yes / No] | 216 | 73% |
| Please explain your answer. | 177 | 60% | |
| 5 | Do you agree with the proposition that the onus should lie upon an accused to establish that their conduct falls within one of the exceptions provided in the 2002 Act? [Yes / No] | 198 | 67% |
| Please explain your answer. | 171 | 58% | |
| 6 | Do you agree with Lord Bonomy's recommendation that the time limit for prosecution under the 2002 Act be extended and harmonised with other statutes which create wildlife offences? [Yes / No] | 215 | 73% |
| Please explain your answer. | 158 | 54% | |
| 7 | Please use this space to provide us with any other comments you wish to submit on the use of dogs to stalk, flush or search for wild mammals. | 256 | 87% |
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