Tim O'Malley (Limerick East, Progressive Democrats)

I thank Deputy Fiona O'Malley for the opportunity to speak on this important matter. I apologise on behalf of my colleague, the Minister for Health and Children, Deputy Harney, who cannot be present.

Female genital mutilation is a barbaric act which constitutes an assault causing serious harm to the girls and women on whom it is performed. It is a deeply-rooted traditional practice which continues in countries in Africa, the Middle East and Asia. The age at which it is performed varies from area to area. It may be performed on infants, female children and adolescents or, occasionally, on mature women. It is not only extremely painful but results in serious mutilation and may cause infection and death. It exposes young girls and women to high health risks and seriously affects the quality of the rest of their lives.

The Minister for Health and Children has obtained legal advice from the Attorney General that female genital mutilation is an offence under the Non-Fatal Offences Against the Person Act 1997. The advice states, inter alia, that it is likely that performing an act of female genital mutilation would comprise an intentional act which causes serious harm and would thus be an offence under section 4 of that Act. If the act of female genital mutilation was not found to have resulted in "serious" harm, it would still be open to the Garda to prosecute for the similar, though less serious, offence of assaulting a person causing harm, provided for by section 3 of the 1997 Act.

The Department of Health and Children wrote to the then health boards in 2001, and again in 2004, drawing their attention to the issue of female genital mutilation and requesting that personnel working with immigrant populations take opportunities to educate them about the dangers and unacceptability of the practice. The Department also wrote to the Department of Justice, Equality and Law Reform in 2004 with regard to the issue. It asked that staff under the aegis of that Department whose work brings them into contact with persons from regions where female genital mutilation is practised should be made aware of the issue and should educate and inform such communities about the illegality and unacceptability of female genital mutilation. The Department will be writing to the Health Service Executive on the matter again shortly to ensure female genital mutilation continues to be the subject of appropriate awareness and attention within the health services.

I thank the Deputy for raising this important issue. Female genital mutilation is a barbaric practice and the Government will of course take any further steps which may be necessary to promote awareness of its illegality and unacceptability in our society.

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