Tail docking for working dogs in Wales – Welsh Assembly Government advice

The Animal Welfare Act 2006 – The Docking of Working Dogs’ Tails (Wales) Regulations 2007

The Welsh Assembly Government has produced advice for owners of working dogs in Wales who are seeking to have the tails of puppies docked. 

Advice sheet (external link)

An extract from the Welsh Assembly Government website is reproduced below:-

‘Before a dog’s tail is docked the Docking of Working Dogs’ Tails (Wales) Regulations 2007 (“the Regulations”) require a veterinary surgeon to certify that:

• he/she is satisfied that the dog and it’s dam are of a breed specified;
• he/she reasonably believes that the dog is not more than 5 days old; and
• the owner of the dog (or another person whom he/she reasonably believes to be representing the police dog section) has shown him/her the evidence specified (as below) in the Regulations.’

In addition to this, the vet performing the operation must fill in a certificate, confirming that these conditions have been met.  A example of the certificate can be viewed here but as each certificate is individually numbered, it must be obtained from and filled in by the vet in question.

Example certificate (external link)

To make the process of getting the puppies docked as simple as possible, BASC recommends that you check that your vet will carry out this procedure well ahead of the projected whelping date, and that you ensure that you have all of the evidence specified above.

For more information, please contact Sheila Gussey, BASC National Gundog Co-ordinator on email or telephone 01823  480923.

Defra Guidance on Tail Docking for Working Dogs

Defra has produced some guidance on the exemption that permits the continued docking of working dogs tails, and this includes a downloadable copy of the certificate which will need to be signed by the vet. 

If any vet is telling owners that it is now illegal to dock working dogs tails then they should ask their vet to call the Royal College and speak with the Professional Conduct Department. They will be able to reassure the vet that it IS still legal to carry out this operation. Otherwise the link to the advice on the website is http://www.rcvs.org.uk/Templates/Internal.asp?NodeID=96376

It is crucial that members take all available paperwork with them when they go to the vet, including printouts of the document below together with the proofs of working status etc.

Present RCVS advice (external link)

Defra tail docking form (external link)

The Docking of Working Dogs’ Tails (Wales) Regulations 2007

29th March 2007

Following the meeting of the Welsh Assembly Government yesterday the regulations on tail docking of working dogs in Wales have now been finalised.  Unfortunately, despite the recommendation of the Minister Carwyn Jones, two new amendments were adopted at the last minute, both of which severely restrict the breeds of working dog that can be docked.

The regulations came into force at 00:01am on 29th March 2007 so owners of breeding dogs in Wales must take account of these regulations now as any litters of puppies born today or in the future will be covered.

The breeds of dog that are still allowed to have their tails docked in Wales are now as follows:

Spaniels of the following breeds; English Springer Spaniel, Welsh Springer Spaniel and Cocker Spaniel but not any combinations of breeds

Terriers of the following breeds; Jack Russell Terrier, Cairn Terrier, Lakeland Terrier and Norfolk Terrier but not combinations of breeds

Hunt point retrievers; Braque Italian, Brittany, German Long Haired Pointer, Short Haired Pointer, German Wire Haired pointer, Hungarian Vizsla, Hungarian Wire Haired Vizsla, Italian Spinone, Spanish Water Dog, Wienmaraner, Korthals Griffon, Slovakian Rough Haired Pointer, Large Munsterlander, Small Munsterlander

A person presenting a dog for tail docking must provide evidence to enable the vet to certify that he has seen evidence that the dog is likely to be used for a specified type of work (see below) and that the dam of the dog is of a type specified in the list above.  Proof must also be supplied that the person presenting the dog is the owner or is representing the owner and finally that the vet reasonably believes that the dog is not more than 5 days old.

Evidence of specified types of work relevant to BASC members are:

• (vi) evidence that the owner of the dog, or an agent or employee of the owner most likely to be using the dog, will be using the dog for work in connection with lawful pest control;
• (vii) a current shotgun or firearm certificate issued to the owner of the dog, or to the agent or employee of the owner most likely to be using the dog for work in connection with the lawful shooting of animals;
• (viii) a letter from a gamekeeper, a landoccupier (or their agent), a person with shooting rights, a shoot organiser, a club official, a person representing the National Working Terrier Federation, or a person engaged in lawful pest control, stating that the breeder of the dog whose tail is to be docked is known to him or her and that dogs bred by that breeder have been used (as the case may be) on his or her land, or in his or her shoot, or for pest control.

The regulation will be published on the Welsh Assembly Government’s website in the very near future on www.wales.gov.uk

Animal Welfare Act 2006 - Showing gundogs after the tail docking ban

The Animal Welfare Act 2006 (AWA) not only bans the docking of dogs tails for anything other than welfare reasons, it additionally bans the showing of dogs whose tails have been docked.  As BASC members have previously been informed, following a hard fought campaign to exclude working gundogs (HPR breeds, spaniels and terriers) from this ban, Parliament voted through a derogation for these animals.  This was a significant success as BASC took on the combined might of the Royal College of Veterinary Surgeons and the RSPCA and through intensive lobbying of MPs, achieved an understanding of why this exclusion was so important to the shooting community.

The AWA not only bans the docking of dogs tails (from March 27th 2007 in Wales and April 6th 2007 in England) but it also makes showing a dog with a docked tail an offence from these dates as well if the public has paid an entry fee to the show.  Again, fortunately for the gundog community, the derogation holds out in this situation as well, providing that the showing is to demonstrate the working ability of the dog rather than its confirmation against the breed standard.  Thus, a docked spaniel, terrier or HPR can still be entered at a dog show after the ban on tail docking (27/03 or 06/04) as long as the event is to show the working skill of the dog, regardless of whether the attending public audience has paid an entrance fee or not.

All dogs which can be proved to have been docked prior to the ban can continue to be shown on breed standard.  Once these dogs have come to the end of their showing careers then the practice will have come to a natural end as there will be no more docked dogs following these through. If a dog that is not exempt from the docking ban damages its tail and as a result has its tail removed for medical reasons it may not be shown.

The table below should provide clarity on what is otherwise quite a convoluted subject.

	Situation following ban on docking of dogs tails (27/03/06 Wales or 06/04/07 England)
	Entry fee event	Free entry event	Working ability demonstration
			Entry fee	Free entry
Other dog docked before 06/04/07	Can be shown	Can be shown	N/A	N/A
*Working dog docked before 06/04/07	Can be shown	Can be shown	Can be shown	Can be shown
*Working dog docked after 06/04/07	Cannot be shown	Can be shown	Can be shown	Can be shown

*Working dogs that can continue to have their tails docked are strictly defined as:-

Hunt point retrieve breeds of any type or combination of types

Spaniels of any type or combination of types

Terriers of any type or combination of types

Tail Docking of Working Dogs in England

15th March 2007

From 6th April 2007, it will no longer be legal to have the tail of any dog docked for cosmetic purposes in England.  However, following a successful lobbying campaign in March 2006, BASC gained a derogation so that gundogs and certain other working dogs can still have their tails docked, as long as the owner of the puppies and vet have clear reason to believe that this is on welfare grounds, and that certain strict conditions are fulfilled.

Following a debate in the House of Lords there was some confusion surrounding the wording  of the regulation, but this has now been sorted out and we are back on track.  The House of Commons has already debated and passed the legislation, and the House of Lords will re-address it on March 27th.  The objection has been withdrawn and it is not possible to amend the wording. There is no likelihood that it will be voted down. 

To qualify a puppy for tail docking, the person taking it to the vet must provide a signed and dated statement together with identification for himself as the owner or representative of the owner, and evidence that the puppy is likely to be used for a specified type of work.  Identification types applying to BASC members are detailed below, there are other categories for the Armed Forces, emergency services, HM Prison Service and HM Customs and Revenue:

• (vi) evidence that the owner of the dog, or an agent or employee of the owner most likely to be using the dog, will be using the dog for work in connection with lawful pest control;
• (vii) a current shotgun or firearm certificate issued to the owner of the dog, or to the agent or employee of the owner most likely to be using the dog for work in connection with the lawful shooting of animals;
• (viii) a letter from a gamekeeper, a land-occupier (or his agent), a person with shooting rights, a shoot organiser, a club official, a person representing the National Working Terrier Federation, or a person engaged in lawful pest control, stating that the breeder of the dog whose tail is to be docked is known to him and that dogs bred by that breeder have been used (as the case may be) on his land, or in his shoot, or for pest control.

In addition the vet must believe that the dog is not more than five days old and that the dam of the dog is one of the following types:

• Hunt point retrieve breeds of any type or combination of types.
• Spaniels of any type or combination of types.
• Terriers of any type or combination of types.

Following docking the puppy will be microchipped, and the vet will provide a certificate confirming that all of the requirements of the derogation have been filled.  The precise format of the certificate has yet to be decided and will be issued by the Royal College of Veterinary Surgeons.

There is concern that it will be difficult for owners to prove that new born pups are destined to be working dogs, but this is addressed by the fact that the owner and vet have reason to believe that the dog is most likely to be used for the lawful shooting of animals or lawful pest control.

The full wording of the regulation can be found on the Office of Public Service Information website at http://www.opsi.gov.uk/si/si2007/draft/20075778.htm

BASC SCOTLAND DISMAYED AS SCOTTISH BAN ON TAIL DOCKING CONFIRMED

Ross Finnie, Minister for Environment and Rural Development, has confirmed that the Scottish Executive intends to ban tail docking for all dogs in Scotland by 30 April 2007.

James Scott, BASC Scotland’s Press & Policy Officer said: “We are particularly disappointed that the Scottish Executive is recommending this course of action.”

“The Animal Health & Welfare (Scotland) Act is a good piece of legislation with the exception of a ban on tail docking for dogs. We fail to see how such a ban can be considered compatible with the over-arching aims of the Act. Tail docking is a simple, prophylactic measure that protects working dogs from tail injury for the rest of their lives.”

Mr. Finnie cited support for the ban from the major veterinary associations despite receiving research from BASC Scotland which showed 31% of Scotland’s vets were supportive of docking for working dogs.

The Scottish ban on tail docking will take effect from the 30th of April, subject to approval from two Scottish Parliamentary Committees.

James Scott added: “BASC Scotland will continue to lobby for an exemption from this ban for working dogs. The Executive has already stated it’s commitment to review this legislation, so it is important that we receive evidence of injuries sustained because of a ban to submit to this process.”

The penalty for illegally docking a dog’s tail will be a fine of up to £5000 and/or six months imprisonment.