NEW moves are being made for ban on all forms of fox hunting in Scotland to be enshrined in law.

A bill is being drafted for then outright prohibition after it was claimed the current law was being blatantly flouted by hunts 15 years after an original ban was passed.

Alison Johnstone MSP, Deputy Convener of Holyrood's Cross-Party Group on Animal Welfare announced the move saying that the current legislation has "failed".

It comes following Scottish Greens' concern that while the Scottish Government is conducting a review of how current laws work, it has not considered an outright ban.

The Bonomy review of last year estimated that around 800 foxes are killed by hunts every year in Scotland, and that 1 in 5 foxes are killed by packs of hounds which campaigners say is in "clear breach" of the Protection of Wild Mammals Act 2002.

The hunting of foxes with hounds was barred in Scotland under the 2002 act, but it has led to only two convictions.

And Police Scotland has previously said the act creates a level of confusion which can deflect from the spirit of the law.

In its submission to the Bonomy review, Police Scotland said terms such as "stalking", "searching", and "flushing" were not defined by the act, which creates confusion that can "deflect from the original intention or spirit of the legislation."

Ms Johnstone, the Scottish Greens' Lothian region MSP said: "In 2002 the Wild Mammals Act aimed to ban foxhunting but has clearly failed. The practice of ‘flushing’ foxes with packs of dogs to waiting guns is in many cases hunting with dogs under another name.

"Polling shows most Scots are in favour of a full ban, and I will bring forward a member's bill to deliver one.

"SNP members, like most of the public, have been horrified by recent decisions on puppy tail docking and shock collars. We cannot allow ministers to kick the can down the road on foxhunting. It's time to take a stand."

Hunts are still allowed to use dogs to flush out foxes and chase them towards the hunts, where the foxes are shot - but there have been allegations that the law has been broken because guns have not been visibly present.

A resolution to the SNP's national council is calling for an end to the exemption in the legislation that allows foxes to be flushed from cover and shot dead for pest control.

The motion also backs limiting the number of dogs to two and says "that these measures would ensure that fox-hunting is really banned in Scotland”.

The First Minister is to speak at the national council event in Perth on December 2, which will consider a series of policy motions, including the hunting proposal from the SNP's Edinburgh Central branch.

A dossier of evidence collated by the animal welfare charity League Against Cruel Sports Scotland (LACS) argues that Scotland’s mounted hunts regularly break the law a year on from a review of the existing legislation by Lord Bonomy. The Scottish Government has opened a consultation on Lord Bonomy's findings, which recommended strengthening legislation.

Alison Johnstone

Investigators from LACS filmed six of 10 Scottish hunts during last season and found “no discernible presence of guns waiting to shoot flushed foxes”.

A Scottish Government spokesman said: "We are currently consulting on Lord Bonomy's recommendations for fox hunting legislative reform and urge everyone with an interest to take part. We have also established a stakeholder group to develop a new code of practice and assess the feasibility of a new monitoring scheme.

"We remain committed to ensuring the highest welfare standards for all animals, including those in the wild, and encourage everyone to notify Police Scotland if anyone is suspected of breaking the law."

The LACS called for the law to be strengthened in a video released last year. They said they had covertly filmed Scottish hunts over the past six months.

Chris Luffingham, Director of Campaigns at the LACS, said of the new move: “It is shocking that in the 21st century hunting animals for no purpose other than blood lust is allowed to take place.

"Scotland, as a progressive and modern country, has the opportunity to set the benchmark by which all others follow. We fully support any and all efforts to make hunting animals for fun illegal.”