1. What assessment has the Counsel General made of the Welsh Government’s legislative powers in relation to hunting with dogs? OAQ(5)0031(CG)

Members will understand that if I make assessments they are legally privileged.

Thank you for that response.

You’re welcome.

Bovine TB is a devolved issue and hunting with dogs remains reserved. However, I’m sure that the Counsel General will have seen the recent report by the League Against Cruel Sports, finding that there was bovine TB in a pack of hounds in Buckinghamshire, and that this resulted in about 40 hounds being put down due to the risk of the dogs spreading the disease to cattle. Does the Counsel General share my concern that the Welsh Government would be unable to legislate to address this new risk in the control of bovine TB in Wales?

Well, thank you for those comments. I’m aware of the report that you refer to, which I think was, in fact, sent to all Members of the Assembly. It does raise an interesting issue and exposes again some of the weaknesses in the Wales Act 2017. Hunting with dogs is clearly a reserved matter in the Act. Therefore, the Welsh Government has no competence. The issue of powers of the Welsh Assembly in respect of animal welfare has been looked at by the Law Commission in their consideration of the Wildlife and Countryside Act 1981, and the issue you raise may well come within other aspects of Welsh responsibility. However, it would not be appropriate for me to trespass into areas that are properly for Ministers with policy responsibility for the matters concerned. However, I will ensure that your question and the issue you raise is referred to the appropriate Minister to respond to. In respect of the Hunting Act 2004 generally, the Welsh Government’s position—as you will know—is that it is opposed to any repeal of that Act. In respect of the Wales Act 2017, it has been said on numerous occasions that the Act is flawed and that there will, in due course, need to be further constitutional legislation, and that’s certainly a view with which I concur.