TWO men campaigning for the ban on foxhunting in Scotland to be overturned submitted a petition yesterday calling for a judicial review into the legislation.

Jeremy Whaley and Brian Friend, who are associate members of the Union of Country Sports Workers, claim that the Protection of Wild Mammals (Scotland) Bill violates their human rights.

The case at the Court of Session in Edinburgh is expected to last four days.

Scotland became the first part of the UK to ban hunting with dogs in February last year. Mr Whaley and Mr Friend, both from the Borders town of Duns in Berwickshire, claim that the Bill violates the Human Rights Act, which was incorporated into Scottish law by the 1998 Scotland Act, on six counts.

The petition states the Bill, which was introduced by Mike Watson, contravenes their right to respect for private life, freedom of thought and conscience, freedom of expression, freedom of assembly and association, prohibition of discrimination and prohibition of abuse of assured rights.

The pro-hunting campaigners also claim the legislation violates Article 27 of the 1948 Universal Declaration of Human Rights which states: “Everyone has the right to participate freely in the cultural life of the community”.

Both men claim that the terms of the Bill are “incompatible”, have no “legal competence and are unlawful under the Convention”.

The case, before Lord Emslie, continues.

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