by Carrie Jane Canniffe B.L., David Burke B.L., Barra Faughnan B.L.

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If the administration of the anaesthetic is required to prevent pain it seems that it will be an offence not to administer the same prior to operating.

Section 22(1) of the Protection of Animals (Amendment) Act, 1965 provides that: -

"If any operation to which this section applies is performed on any animal without the use of any anaesthetic so administered as to prevent any pain during the operation, that operation shall be deemed for the purposes of the Principal Act to be an operation which is performed without due care and humanity. "

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No, the meaning of operation is limited by Section 22(2) which states inter alia that:-

"This section applies to any operation with or without the use of instruments which involves interference with the sensitive tissues or the bone structure of an animal (including the dehorning of an animal that involves such interference) , other than

the making of injections or extractions by means of a hollow needle: or

the application of a rubber ring or other device to an animal within seven days after its birth for the purpose of constricting the flow of blood to the scrotum of the animal; or

the application of a rubber ring or other device to a lamb within seven days after its birth for the purpose of constricting the flow of blood to the tail of the lamb; or

the cauterisation of the horn buds of a calf within fourteen days after its birth; or

an operation referred to in the Schedule of this Act."

Excepted Operations

Any experiment duly authorised under the Cruelty to Animals Act, 1876.

The rendering in emergency of first aid for the purpose of saving life or relieving pain.

The docking of the tail of a dog under one month old.

The amputation of the dew claws of a dog before its eyes are open.

The castration of a male animal specified in the following table before it has reached the age so specified, that is to say:-

Bull six months

Sheep three months

Goat two months

Pig two months

Cat four months

Any minor operation which, by reason of its quickness or painlessness is customarily performed without the use of an anaesthetic."


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Yes, the docking and nicking of horses is prohibited by Section 5 of the Protection of Animals (Amendment) Act, 1965 unless according to subsection 2 the veterinary surgeon is of the view that such an operation would be for the health of the animal.

Docking means the severing of any tendon or muscle in the tail of a horse.

Nicking means the removing of any bone or any part of a bone from the tail of a horse.

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Penalties: The penalties are those as set down by Section 1 of the 1911 Act as amended by the Control of Horses Act, 1996. The portion of Section 1 of 1911 Act dealing with the penalties for cruelty has been amended most recently by the Control of Horses Act, 1996, Section 48. On summary conviction of the offence of cruelty, a maximum fine of £1,500 may be imposed and a term of imprisonment not exceeding 6 months, or both. On conviction on indictment the maximum fine is £10,000 and the maximum term of imprisonment is 2 years and again both may be imposed.

Under Section 3 of the 1911 Act upon conviction of the owner for an offence within the meaning of the Act the court may, in addition to imposing any of the aforesaid punishments, deprive that person of his ownership of the animal. An order for the destruction of the animal may also be made by the courts under this section if required. It appears that to make an order under this section it would be necessary to show:-

a) that there is evidence as to a previous conviction of the owner for cruelty, or

b) evidence of the character of the owner, or;

c) evidence that if the animal is left with the owner it is likely to be exposed to danger.

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