RCVS Disciplinary
Hearing
Clears Docking Vet
The first UK veterinary
surgeon to face disciplinary action for docking puppies tails was cleared
of all charges of disgraceful professional conduct on Friday 8 September,
1995.
Marshall Dale, of Hockley Essex, was alleged
to have performed the procedure on at least six occasions for cosmetic
reasons, in breach of a code of conduct laid down by the Royal College
of Veterinary Surgeons.
Mr Dale, a practising vet for 26 years,
acknowledged docking Yorkshire Terrier, Old English Sheepdogs and Giant
Schnauzer puppies at his surgery, but said it was for legitimate welfare
reasons.
The four day hearing was the first since
the college, which sets professional standards, issued a code of conduct
in 1993, aimed at banning the procedure except in restricted circumstances.
Mr Dale faced nine charges of disgraceful
professional conduct and could have been struck off the professional register.
After the hearing, Mr Dale said that he felt "delighted. This has been
hanging over me for six months and it has been a terrible strain for my
family. I don't think I would have felt worse if I had been accused of
murder". Mr Dale added that the hearing had failed to resolve the confusion
surrounding the ethics of docking. "It has been left to the grass root
vets to sort out, which is not satisfactory".
Simon Wheatley, Mr Dales Council accused
the college of bringing the case because of political expediency. "The
issue had been ducked by the Government and the College, so it now falls
to the individual vet to resolve an issue which is seen as so important,
but which has been handled politically so maladroitly" Mr Wheatley said
that Mr Dale had docked only for acceptable prophylactic reasons. The
Yorkshire Terriers for instance, belonged to a breeder who mainly sold
dogs to older women. "It is a fact of life that ladies of high reputation
do not think it appropriate to concern themselves with the rear end of
the Yorkshire Terrier", he said. "There is therefore, a high risk of them
suffering problems connected with soreness and fouling".
Simon Wheatley also explained why Marshal
Dale docked the Schnauzer. "This is a very small numerical breed. Mr Dale
went through his books and read up and tried to find out the size of the
breed. He learned how the breed had long thin sparsely coated tails like
the Irish Wolfhounds. He deduced that there was a possibility of injury,
like the Irish Wolfhound. He explained how he has had two Wolfhounds in
his practice who had to be docked because of tail end splitting. They
are very hard to heal and eventually had to be docked as adults. Can he
be deemed to be wrong"?
James Badenoch, QC. for the college had
argued that docking was performed only for reasons of tradition. "Tail
docking belongs to history. Breeders will have to realise that the tail
belongs to the dog", he said.
The defence costs which were in excess of
£25,000.00, were covered by the Council of Docked Breeds from their
Legal Fighting Fund.
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