Right: Vets in conflict: while John van Veenendaal, senior veterinarian at the Flemington Equine Clinic, says that whipping does not cause pain, Dr Hugh Worth of the RSPCA begs to differ, saying that he has had a padded whip used on himself and that "it hurt all right".
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Arguments in favour of the new regulations restricting the use of the whip
1. The use of the whip on racehorses is animal cruelty
It has been claimed by critics of the practice, that striking racehorses with a whip is animal cruelty.
In December, 2008, Animal Liberation Australia issued a media release stating, 'It is a national disgrace that racehorses in Australia have continued to be subjected to physical pain and psychological stress despite a view expressed by the Senate Select Committee into [the] welfare of horses in 1991 that whips should be eliminated.... race horses are plagued by lameness, stomach ulcers and .... bleeding of the lungs... [This indicates] that they are routinely pushed far beyond their natural limitations. The extreme stress they experience may result in catastrophic cardiovascular or respiratory failure known as sudden death, and catastrophic muscular-skeletal injuries (there were 180 such fatalities on Victorian racecourses between 2001 and 2004).
The Royal Society for the Prevention of Cruelty to Animals (RSPCA) has outlined the cruelty which the Society believes is involved in whipping racehorses. The Society has stated, 'Whips can cause pain, bruising and inflammation and a horse whipped excessively in any other context would be protected by state-based animal cruelty laws. People are so accustomed to jockeys whipping their horses that it's not necessarily deemed as cruel.'
Concern has also been expressed that even using the new padded whips constitutes cruelty. Dr Hugh Wirth, a veterinarian and national RSPCA President, rejects claims that the new variety of whips causes no pain at all. Dr Wirth has stated, 'I know it hurts because I've had one used on me. I got someone to belt me with a padded whip to test it. It hurt all right ... I've been treating horses for 45 years and they are very sensitive creatures. A needle prick hurts them.'
This point has also been made by Patrick Smith, a journalist for The Australian. In an opinion piece published on September 5, 2009, Patrick Smith wrote, 'The racing industry likes to use the euphemism "encourage" when discussing the purpose of the whip. Let's take a more sensible look at that. Senior vets rightly explain that the whip is a stimulant. That's obvious enough. It is hardly likely that being struck by the whip - padded or not - is a positive, pleasurable experience. Horses would not run faster because being whipped is a feel-good sensation. So the whip is a stimulant that prompts a reaction from a horse because it hurts. That is undeniable. There's no pretty way to say it; horses are whipped for our entertainment.'
2. Other nations have stricter regulations limiting the use of the whip
It has been claimed that even the new regulations now in place in Australia are less rigorous than those that pertain in other countries. The regulations developed in the United Kingdom are sometimes cited as an example of how racehorses can be protected from the excessive use of the whip.
The British Horseracing Authority allows the use of the whip 'only for safety, correction and encouragement - anything else is unacceptable'. 'Use for "safety" would include using the whip to assist in avoiding a dangerous situation. Use for "correction" is similar and would include swinging as well as using the whip to keep a horse running straight. The use of the whip for "encouragement" is permitted only on the basis of: showing the horse the whip and giving it time to respond; using the whip in the backhand position for a reminder; having used the whip, giving the horse a chance to respond before using it again; keeping both hands on the reins when using the whip down the shoulder in the backhand position; using the whip in rhythm with the horse's stride and close to its side. Whips should only be used on the quarters with the whip in either the backhand or forehand position or down the shoulder with the whip in the forehand position.'
Jockeys are specifically prohibited from hitting horses to the extent of causing injury; with the whip arm above shoulder height; rapidly without regard to their stride, i.e. twice or more in one stride;
with excessive force; and without giving the horse time to respond. Jockeys are also prohibited from hitting horses which are showing no response; out of contention; clearly winning; or past the winning post.
Critics of the regulations that apply in Australia argue that they offer far less protection to racehorses than those in place in nations such as Great Britain.
3. The regulations have been amended to take into account jockeys' concerns
It has been claimed that the racing industry, and particularly the jockeys, have no cause for complaint as the Australian Racing Board has responded to their concerns and modified the new regulations accordingly.
On September 23, it was announced that the Australian Racing Board (ARB)had modified the new regulations to allow jockeys to use the whip at their own discretion in the last 100 metres of a race. The Australian Racing Board announced that, instead of restricting jockeys to seven hits in the final 100 metres, jockeys would be allowed to use the whip as many times as they wanted.
It was the second time the rules had been relaxed since jockeys in four states held a snap strike earlier in September, saying the tougher rules were dangerous because they made it harder to control horses.
The new rule came into force on Saturday September 26, 2009, but will be on trial until a review on February 1. A jockey can now whip a horse in a forehand motion up to five times before the last 100 metres of a race and as many times as he likes to the finish of the race. That could be as many as 12 hits in the final 100 metres - one per stride.
The ARB chief executive Andrew Harding has stated, 'The effect of these changes is to further reduce the total level of potential use of the whip while at the same time addressing issues of concern that have been identified by participant groups.'
The Australian Jockeys' Association president Ross Inglis said that jockeys were pleased with the changes made to the new regulations.
4. The whip is currently being used unnecessarily
It has been argued that the use of the whip on racehorses is excessive and may well not be necessary at all. It has been claimed that the whip is frequently used on horses that are clearly out of contention or are already running as hard as they can. It has also been claimed that some horses react adversely to the whip and actually run less fast when struck with it. When these behaviours occur, critics note, the whip is being used for no justifiable purpose.
In a submission to the 1991 Senate Select Committee on Animal Welfare Inquiry into Aspects of Animal Welfare in the Racing Industry, the Australian and New Zealand Federation of Animal Societies has stated, 'The use of the whip is not a necessity as many races are won without it. A lot of horses ... do not respond. While some may try to run away from it, or more rarely dig the toes in and slow down, most non-responders simply show no increase in acceleration.
Some horses will fear the whip and may gallop faster when threatened. Others will resent it so much that they will slow down or come to a sudden halt every time the whip is lifted. Some will lash out violently each time the whip descends.
The whole object of the whip would appear to be to increase the inherent sense of panic present in most racehorses when galloping at their hardest. If a racehorse has put all its energy and stamina into a race, no useful purpose is served by whipping it. If a horse has given his all, then no amount of whipping will produce any extra response.'
It has also been claimed that the use of the whip is a mark of poor horsemanship and that a good jockey should be able to urge on his mount through the use of hands and heels. Dr Hugh Wirth, a veterinarian and the national president of the Royal Society for the Prevention of Cruelty to Animals, has stated, 'The need to whip a horse in order to make it perform better has long been disproved, that in fact we should convert from any form of whipping whatsoever to simply hands and heels riding.'
5. The treatment of racehorses needs to be brought into line with community standards
It has been claimed that if the racing industry wishes to retain popular support, it must ensure it does not outrage community standards regarding the proper treatment of horses.
On September 15, 2009, The Age published the views of John Schreck, who has acted as deputy chairman of stewards for the Victoria Racing Club, the chairman of stewards for the Australian Jockey Club, director of racing for the Macau Jockey Club, and chief stipendiary steward for the Hong Kong Jockey Club.
John Schreck has stated, 'Racing is moving away from the indiscriminate use of the whip to a riding style that is more appealing to the public. And I promise you, in time, the product will be more acceptable to the general public.
Despite what some industry participants may want, they must understand that racing cannot divorce itself from broader community standards. And concern about whip use on horses is not new.
About 45 years ago, Wally Hoysted, a member of one of Australia's most famous racing families, walked on to Flemington track on race day with a double-barrelled shotgun. Hoysted wanted the use of whips stopped. To prove he was ''fair dinkum'', he fired off one barrel. He was arrested, convicted, fined and jailed. He claimed it was wrong to allow horses to be whipped when they were doing their best, when if someone ''belted'' a dog, they would be in breach of the law and end up in court. His point is still one of the hottest issues in racing today.
But now the Australian Racing Board has addressed the issue. It should be commended, not ridiculed. And remember, the current rule was put forward by the chairman of stewards.'
Queensland Racing Limited's (QRL) young chief steward Wade Birch, Queensland Racing Limited's chief steward, has also stated with regard to the padded whip and the new regulations, 'The welfare of horses must come first. These new rules have been introduced to bring about a better community standing towards horse racing in regard to the use of a whip.
Stewards, administrators, jockeys, trainers and owners have agreed Australia-wide that the cushion whip and it's usage in races is for the betterment of racing. It is the way to go.'
It has further been noted that although attendance at racetracks has declined in recent years, with the televised coverage of races the number of spectators actually observing the jockeys' use of the whip in close-up has increased. It has been suggested that televised horse races make it even more important that whips are used in a way that coincides with community standards.