THE SUNSHINE COAST NEWSPAPER COLUMN - FEDERAL COURT RULES AGAINST ARTIFICIAL INSEMINATION

By Graham Potter | Sunday, April 20, 2014

Graham Potter writes a weekly column for the Sunshine Coast daily. Due to demand from those having trouble accessing the paper these columns are now also published on HRO courtesy of the Sunshine Coast daily

The breeding and racing fraternity has breathed a collective sigh of relief following the Federal Court’s dismissal of an appeal brought by Bruce McHugh who had gone to litigation in an attempt to have artificial insemination (AI) legalised within the thoroughbred industry.

The original verdict handed down against McHugh by Justice Robertson in 2012 found the Australian Rules of Racing to be legally valid and enforceable and the appeal judgement rubber-stamped that finding with the three Appellant judges unanimously rejecting McHugh’s ‘restraint of trade’ claim.

McHugh was contesting the Australian Stud Book and the Australian Rules of Racing standpoint which only recognises and allows horses naturally conceived in the breeding barn to race as thoroughbreds.

This law is consistent with that applied by all major racing countries in the world, under the International Federation of Horseracing Authorities' International Agreement, and Australia would have been in an untenable position with its international partners should McHugh have won case.

As Peter McGauran, CEO of the Australian Racing Board, pointed out, "Leaving aside the scientific concerns with artificial insemination, the economic ramifications of this idea, by isolating Australia from international trade, would have been devastating.”

Just how much of an impact legalising AI within the industry might have made on both the international market and the value of local breeding industry is open to speculation, but the fact remains that being out of step with our international partners is not a desirable option.

McHugh was not the first to attempt to have the law changed and he is certainly not alone in his ambition.
Back in 2010, as covered in the Paulick Report, equine fertility expert Professor W.R. Allen, who was head of the Cambridge University’s Equine Fertility Unit in Newmarket, went on a global mission to alter opinions about AI and Embryo transfer (ET).

Allen believed a move to AI would be beneficial ‘from a practical, economic and equine health standpoint.’ He maintained that, ‘AI is less stressful on stallions, reducing the number of ejaculates needed from busy studs, from three or four times per day, to once. Conception rates are as high or higher using AI and the increased safety for stallions, mares and handlers is significant,’ and he added, ‘AI is also the obvious choice to prevent physical contact or the movement of horses during a disease outbreak.’

Allen laid the blame of the stone-walling of this issue firmly on, ‘A handful of wealthy stallion owners who are afraid of it (AI) and frightened by a change in the status quo.’

Allen’s ‘global Initiative’ failed at that time with the overall strength and value of the International agreement rightfully trumping any other hand.

For all that, John Messara, the Australian Racing Board Chairman, might still prove to be mistaken when he announced that the issue of AI had now been settled once and for all. That might be akin to George Bush’s premature ‘Mission Accomplished’ speech.

Although the legal precedent has been established, doubtless, down the line, there will be another challenge … but that can only be made by somebody who has the money to fund it as it has been estimated this latest court case carried $10 million in costs!

On any level, this is no small matter.

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