EAST KENT
Well-Known Member
Oh, so now it's my fau
And by the way, I do not and have never worked for the Countryside Alliance - although I do do my voluntary bit on the County Committee.
Well thank God for that.
Oh, so now it's my fau
And by the way, I do not and have never worked for the Countryside Alliance - although I do do my voluntary bit on the County Committee.
East Kent, always delighted to oblige. The actual link is: http://www.legislation.gov.uk/ukpga/2004/37/contents
However the two important sections are 8 and 14. 8) Search and Seizure, 14) the use of the Statutory Instrument. Item d) is particularly relevant so far as The Statutory Instrument is concerned, now that the police and law enforcement agencies are strapped for cash.
The problem we have, is that those who represent the cause, are not in my opinon too bright, (I could be quite colourful) when it comes to using the content of the act to effect its dismantling. They only seem to understand the word repeal dismantling is too hard to comprehend!
Section 8
Search and seizure
(1)This section applies where a constable reasonably suspects that a person (the suspect) is committing or has committed an offence under Part 1 of this Act.
(2)If the constable reasonably believes that evidence of the offence is likely to be found on the suspect, the constable may stop the suspect and search him.
(3)If the constable reasonably believes that evidence of the offence is likely to be found on or in a vehicle, animal or other thing of which the suspect appears to be in possession or control, the constable may stop and search the vehicle, animal or other thing.
(4)A constable may seize and detain a vehicle, animal or other thing if he reasonably believes that
(a)it may be used as evidence in criminal proceedings for an offence under Part 1 of this Act, or
(b)it may be made the subject of an order under section 9.
(5)For the purposes of exercising a power under this section a constable may enter
(a)land;
(b)premises other than a dwelling;
(c)a vehicle.
(6)The exercise of a power under this section does not require a warrant.
Section 14
Subordinate legislation
An order of the Secretary of State under this Act
(a)shall be made by statutory instrument,
(b)may not be made unless a draft has been laid before and approved by resolution of each House of Parliament,
(c)may make provision which applies generally or only in specified circumstances or for specified purposes,
(d)may make different provision for different circumstances or purposes, and
(e)may make transitional, consequential and incidental provision.
Many people do not understand what a Statutory Instrument is, I have therefore copied below a synopsis and a link to the House of Commons.
Statutory Instruments
http://www.parliament.uk/documents/commons-information-office/l07.pdf
Statutory Instruments (SIs) are a form of
legislation which allow the provisions of an
Act of Parliament to be subsequently
brought into force or altered without
Parliament having to pass a new Act. They
are also referred to as secondary, delegated
or subordinate legislation. This Factsheet
discusses the background to SIs, the
procedural rules they must follow, and their
parliamentary scrutiny. It also looks at the
other types of delegated legislation.
This factsheet is available on the internet at:
http://www.parliament.uk/factsheets
May 2008
FS No.L7 Ed 3.9
ISSN 0144-4689
© Parliamentary Copyright
(House of Commons) 2008
May be reproduced for purposes
of private study or research
without permission.
They must make all these MPs who were elected to Parliament on the Hunting Ticket, get on with dismantling the Hunting Act 2004.
They were all elected to the above effect and not one MP has done anything to facilitate even the remotest whiff of the Hunting Act 2004, in the House of Commons.
As East Kent, said we were all caused to vote accordingly under false pretences.
Yawn! You're actually wrong JM. The police can enter and search any premises on grounds of 'probable cause'. Probable cause means that a reasonable person would believe that a crime was in the process of being committed, had been committed, or was going to be committed.
So all police need is a report that hunt X had been seen hunting foxes with hounds and ANY person who had been out with that hunt that day - or who was formally connected to that hunt - could be stopped and searched anyway (if the police could be bothered - and they're generally not!)
Does it seem strange, to anyone else, that the use of the words "Whips" from the viewpoint of the parliamentarians (thank God for spell check!), is a hunting term?
It's gone very quiet in here...
Nothing more to say, JM?
Herne the words of wisdom from Mrs George sum up the whole situation when she said in her last post:
" The reason the Countryside Alliance and the MFHA are doing nothing to have Subsection 6 of Section 8 removed is that they have been advised against it". You are flogging a dead horse!"
So that's an end of of the whole subject. The Ban will never be repealed, indeed nothing will ever come back onto the floor of the House of Commons.
Presumably such information really reflects the position of the MFHA and the Countryside Alliance, that there is simply no hope.
That is certainly NOT the position of the CA - nor the MFHA. There IS hope - and I don't think for a moment that the CA nor the MFHA have abandoned hope. I certainly haven't!! Neither has Herne - nor any serious hunting person who has thought the matter through REALISTICALLY!!
However, lots of jumping up and down is not going to work! Nor is tilting at windmills! WHEN the political climate is in our favour, then the Hunting Act will be suitably dealt with in its entireity, either by complete repeal - or via useful amendments!
Mrs George, I recollect my first encounter or shall we say awareness of your good self was circa 1975/78, give or take I cannot be precise as to the exact year. I was sitting in my London abode watching the television and you flashed up on the screen. Perhaps you were in company with a man called Duke. On the other hand, I might be wrong on that point?
Now, some 35 years on I have the luxury of dialogue with you via this forum and you said above:
"WHEN the political climate is in our favour, then the Hunting Act will be suitably dealt with in its entirety, either by complete repeal - or via useful amendments".
The question, in the context of the big picture is WHEN?
However, I had a mad idea, I think the CA should explore some of the new legislation such as the Localism Bill. This offers the opportunity for local communities to set up referendums to look at local issues and is meant to deal with the burden of unnecessary regulation etc. It may seem completely off the wall (and probably is!!) But imagine a strong hunting community seeking to challenge this at a local level, perhaps two or three communities all trying this out. It could be a strong local voice taking action, avoiding the need for a national debate!!
Sorry if this is deeply unhelpful, I've just been mulling it over.
Total agrreement JM, all this stuff about "the right time"..that is never, is`nt it? What a stupid world UK has become,recipe provider cancelled.
My feeling it's all over, hunting is finished, kaput, gone for ever as we knew it, there is nothing more to be said! Probably going to sell the horses. There is no point in paying vast sums of money to have a hack round the countryside. I can do that in any event - for nothing.
Can you point out exactly WHAT success has been achieved by the CA?? I cannot think of anything! Oh,a few good days out at Demos,they were fun,but otherwise????
It is a question of making and I stress making all these Conservative and LiBDem MPs vote the right way and do as they are told.
Bearing in mind the enormous immigrant population ,almost all of it urban ,do you not think getting a repeal a ridiculous ambition?
So, no that might not have been winning the war, but it has put us in a good place to keep fighting.
That is as a result of the Countryside Alliances policies since 1998.
Now, were there other policies that, had they been adopted could have won the war and avoided the Ban altogether? If yes, then maybe the Alliance got it wrong, but personally, I dont believe so. (although I know Janet George may not agree with me on this).
Ill give you an example. I was main steward for the Countryside Alliance Action Offices Ring of Light Demo in December 2003, which, mainly though the efforts of C.A.N. (Hi, Janet) got hijacked and turned into a mini-riot in Parliament Square. So, that event didnt achieve the photo-opportunity that we had planned for it, and it made lots of hunting people feel better because they had scuffled with police and at down in the road, but what was its political effect?