Hampshire Police Allow Badger Setts to be Dug by Isle of Wight Hunt

Published: 29 December 2009

A member of the Badger Trust Isle of Wight reports on the goings on at the the Isle of Wight Foxhounds

On three occasions terriermen with the Isle of Wight Foxhounds entered terriers into badger setts in persuit of foxes, the setts were then dug to kill at least two foxes. On each occasion the fox’s refuge was confirmed by a badger expert (Chairman of the Badger Trust UK) to be an active badger sett. To interfere with a badger sett or enter dogs into one is illegal under the Badgers Act. On each occasion police officers were on duty witnessing all of this but took no action.

4 February 2009 - Merstone

The hunt trespassed onto a private nature reserve called Merstone Fishing Lakes, which boasts the presence of all sorts of wildlife including badgers and water voles. The hounds chased through this nature reserve and the fox sought refuge in a badger sett next to the riverbank.

One of the joint masters of the IW Foxhounds, whose sister in law - also a joint master - is soon to be chosen as Island High Sheriff, was accompanied by several terriermen (including Jamie Butcher) as they proceeded to dig into the badger sett whilst clambering all over the riverbank inhabited by the supposedly protected water voles.

Active sett dug at Merstone: Bedding at entrance to sett (left), badger footprint at sett (right).

The police were told it was a badger sett and were also reminded of the police guidelines (Sussex) for officers dealing with incidents involving badger setts - i.e. 'if in doubt regard the sett as active'.

The hunt told the police that there was a fox down the hole and the story given to us after the event was that the police gave permission for them to dig into the sett. It took nearly two hours and at least 5 terriermen and one MFH! Police prevented us from filming the incident.

The owners of this nature reserve enjoy lottery funding and operate with support from the Environment Agency and so we wondered how they felt about the police officers present giving permission for all of this to take place on their land?

21 February 2009 - Rookley

When hounds chased a fox into a badger sett the police were called. After putting the phone down on us five times, they announced they were 'not allowed to communicate with us' but eventually turned up. We told them that we were watching terriermen put a terrier into a badger sett and asked them to confirm it.

This time two PCs watched as the terriermen dug down to the fox (up to their waists) and then dragged it out and 'ragged' it with their terriers. One of the PC's present is best friends on facebook with one of the terriermen present at the dig. We returned on the 25th February and found the fox stuffed down a hole.

We had a post mortem done on the fox. The cause of death was inconclusive - there was no bullet in the skull as one would expect but instead the animal’s throat and nose were packed with earth.

7 March 2009 - Coombe Farm

On this occasion the Police Sergeant in charge of policing the hunt on the Island, accompanied by a Police Wildlife Liasion Officer gave his blessing as a fox was dug out of a badger sett. The terriermen spent a considerable time digging down, the fox eventually tried to escape and was was pounced on by the terriermen and was later thrown to the waiting pack of hounds to be ripped apart – all accompanied by the whoops and screams of the huntsman.This is a deliberate encouragement for hounds to hunt a live fox.

The hunt terrierman boasted he "always calls the police in when using terriers" thus protecting himself when the police give the thumbs up to enter a terrier into an earth/sett.

Legal Position

First and foremost, it is illegal to dig into a badger sett under the Protection of Badger Act 1992!

Under the Hunting Act 2004 it is illegal to hunt foxes and in each example above foxes were hunted, in the case of Merstone through dense woodland undergrowth (where no trails could ever be laid) before marking a fox to ground.

Written permission must be kept by the terrierman showing he has the permission of the landowner.

The use of a single terrier to flush a fox from underground is ONLY legal under very specific circumstances i.e. "to prevent or reduce serious damage to game or wild birds that are being kept or preserved for shooting". During the time of the above incidents this exemption isn't not applicable because gamebirds are only at risk during the summer months or confined to release pens in the autumn.

The Hunting Act 2004 has a "gamekeepers's exemption" allowing a single terrier to flush out a fox to be shot in certain narrowly defined circumstances. It was never meant to be used in conjunction with "trail hunting".

The Hunting Act 2004 only allows terriermen to dig to rescue a trapped dog not killing the fox. The BASC Good Practice Guide annexed to the Hunting Act states: "In the event of a dog becoming trapped underground you may dig down solely for the purpose of rescuing your terrier."

Expert Opinion

Police & terrierman Jamie Butcher

Evidence like the above incidents together with expert testimony, hours of film footage have been given to police. The chief executive of the League Against Cruel Sports, a League solicitor and an expert barrister all agreed that we had clear evidence of illegal hunting on the Isle of Wight. They have even had meetings and discussions with our Island force, but have met with a total refusal to do anything other than carry on as before.

Badger Trust Isle of Wight intends to maintain pressure on police and the hunt to act within the law, especially as regard to badger setts and a much more detailed report with the action we have taken will follow. To have police act servants of a known badger digger, while seemingly ignoring the Hunting Act and thus providing a defence to the hunt is an outrage.