Billy Kelleher (Cork North Central, Fianna Fail)

I welcome the Minister's commitment to the enactment of this legislation. Female genital mutilation is an internationally recognised human rights violation of women and girls. The practice has been strongly denounced by the World Health Organisation, the United Nations Population Fund and other international medical and health organisations as a violation of numerous human rights treaties and contrary to medical ethics. Female genital mutilation is a major child protection and women's health issue with serious implications for children and women throughout the world. The issue has arisen in Ireland as a consequence of our changing demographics.

The relevant population data from the 2006 census were used by AkiDwA, a national organisation for African women living in Ireland, to collate the preliminary estimate of almost 2,500 women, calculated by country of origin and age group, resident in Ireland and living with female genital mutilation. The origins of female genital mutilation are largely unknown but the practice predates contemporary world religions. Local and cultural factors and traditions are likely to be the main reasons for the development and continuation of the practice over time.

One of the reasons put forward for the practice of female genital mutilation is social convention, with social pressure to conform with what others are doing being a strong motivation to perpetrate the practice. Many communities may not even question the practice or have long forgotten the reasons for it. Female genital mutilation is often considered a necessary part of raising a girl properly and a way to prepare her for adulthood and marriage. It is often motivated by beliefs about what is considered proper sexual behaviour, linking procedures to premarital virginity and marital fidelity.

There is a belief that female genital mutilation reduces a woman's libido and will help her to resist casual or illicit sexual encounters. Religious leaders take varying positions with regard to female genital mutilation. Some promote it, some consider it irrelevant to religion and others contribute to its elimination. Local structures of power and authority such as community and religious leaders, genital cutters and even some medical personnel can contribute to the upholding of the practice itself. In most societies female genital mutilation is considered a cultural tradition which is often used as an argument for its continuation. In some societies the recent adoption of practice is linked to copying the traditions of neighbouring and more dominant groups and sometimes it is part of the wider religious or traditional revival of movements.

The World Health Organisation estimates that between 100 million and 140 million women and girls worldwide have undergone female genital mutilation. Most of these women and girls are resident in one of 28 countries, almost all in Africa, although there are reported cases of female genital mutilation in some countries in the Middle East and Asia. Practising countries include Benin, Burkina, Faso, Cameroon, Central African Republic, Chad, Cote d'Ivoire, Djibouti, Egypt, Eritrea, Ethiopia, Gambia, Ghana, Guinea-Bissau, Guinea, Kenya, Liberia, Mali, Mauritania, Niger, Nigeria, Senegal, Sierra Leone, Somalia, Sudan, Uganda, United Republic of Tanzania, Togo and Yemen. The age at which girls undergo female genital mutilation varies by community and region and the most common age for the performance of FGM is between four and ten years of age, although this can vary from birth up until first pregnancy.

Female genital mutilation is defined as a partial or total removal of the external female genitalia or any practice which purportedly alters or injures the female genital organs for non-medical reasons. Typically it is performed by an older woman in the community who has had no medical training. The use of anaesthetics and antiseptics is uncommon, instruments used to perform female genital mutilation include razor blades, knives, piece of glass, scissors and scalpels. In some instances several girls will be cut using the same instrument, heightening the risk for potential spread of infections, including HIV.

Female genital mutilation has no health benefits and involves removing or damaging healthy and normal body tissue. The short-term complications of the procedure can include death, haemorrhage, infection and failure of the wound to heal, injury or trauma to adjoining areas such as the urethra or the anus and shock from severe pain and bleeding, tetanus and transmission of HIV and other viruses.

The longer term complications for FGM can include decrease or loss of sexual sensation, difficult and complicated childbirth, increase in maternal and child mortality, incontinence and difficulty urinating, pelvic inflammatory disease and fertility and psychological trauma, including post traumatic stress disorder, depression and anxiety. Other symptoms include scarring and hardening of vaginal tissue causing constant pain around the genital area and subcutaneous cyst development. A major World Health Organisation study published in 2006 found a significant increase in poor obstetric outcomes including the death of the baby for women who had undergone female genital mutilation.

The current legislative position in Ireland on FGM is based on legal advice which the then Minister for Health and Children received from the Office of the Attorney General in October 2004 and again in 2009, which indicated that while the issue remains to be clarified and determined by the courts, it was strongly of the opinion that female genital mutilation would constitute an offence under the Non-fatal Offences Against the Person Act 1997. The Attorney General advised in 2004 that it would appear the practice is not lawful in Ireland. He stated that the mutilations that are typically performed during acts of female genital mutilation would probably meet the definition of serious harm contained in the Act. It is therefore likely that for a person to perform 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 the Act.

The then Attorney General further advised that the consent of a parent would not be a defence under section 4(4) and the 1997 Act does not provide for a defence of consent in regard to an offence under section 4. In the event that in particular circumstances an act of female genital mutilation was found not to have resulted in serious harm, it would still be open to the Garda to prosecute for the similar but less serious offence provided by section 3 of the Act which criminalises a person who assaults another, causing him or her harm.

Female genital mutilation is recognised internationally as a gross violation of human rights for girls and women. It is a denial of their right to physical and mental integrity, their right to freedom from violence and discrimination and, in the most extreme cases, their lives. A resolution of the Council of Europe expresses concern at the fact that female genital mutilation is practised in the Council of Europe member states and denounces clearly a position of cultural relativism. It further declares that "genital mutilation should be regarded as inhuman and degrading treatment within the meaning of Article 3 of the European Convention on Human Rights, even if carried out under hygienic conditions by competent personnel". It specifies the measure requested from member states with refugee status, education and awareness raising and ratification of international treaties, the Convention on the Elimination of Discrimination against Women and the UN Convention on the Rights of the Child, without reservations. This has been confirmed by a decision of the European Court of Human Rights which states that "it is not in dispute that subjecting a woman to female genital mutilation amounts to ill-treatment contrary to Article 3 of the Convention".

The European Parliament resolution on combatting FGM in the EU on 24 March 2009 calls on EU member states to regard any form of female genital mutilation as a crime, irrespective of whether the woman concerned has given any form of consent and to punish anybody who helps, encourages, advises or procures support for anybody to carry out any of these acts on the body of a woman or girl; to pursue, prosecute and punish any resident who has committed the crime of female genital mutilation, even if the offence was committed outside their borders, and to adopt legislative measures to allow judges or public prosecutors to take precautionary and preventive measures if they are aware of cases of women or girls at risk of being mutilated. Later in 2009, the European Parliament adopted a Resolution on the Elimination of Violence against Women that calls on member states, "to implement specific legal provisions on female genital mutilation or to adopt such laws and prosecute all persons who conduct genital mutilation".

Female genital mutilation breaches Article 19 of the UN Convention on the Rights of the Child which places an obligation on the state to protect children from all forms of maltreatment including physical violence, injury or abuse. It also breaches Article 24(3) on the abolition of traditional harmful practices and Article 37(a) on the right to freedom from torture or other cruel, inhuman or degrading treatment or punishment. Ireland ratified the United Nations Convention on the Rights of the Child in 1992.

The National Plan of Action to address FGM was launched in 2008 by a national steering committee comprising governmental and non-governmental organisations. These included AkiDwA, Amnesty International Ireland, Barnados, Cairde, the Children's Rights Alliance, Christian Aid, Comhlamh, the HSE, Integrating Ireland, Integration of African Children in Ireland, Irish Aid, the Irish Family Planning Association, the National Women's Council of Ireland, the Refugee Information Services, the Somali Community in Ireland, the Somali Community Youth Group, UNICEF and the Women's Health Council.

The plan was partly funded by the European Commission through EuroNet Female Genital Mutilation, a European network dedicated to the prevention and eradication of harmful traditional practices that affect the health of woman and children. Fifteen EU countries participated in this project and all launched their respective national actions plan on 25 November 2008, International Day for the Elimination of Violence Against Women. The plan of action is intended to build the capacity of all sectors in this area and to lay the foundation for future plans of actions. It is set out over a period of three years, from 2008 to 2011 and has two main goals. The first it to prevent the practice of female genital mutilation while the second is to provide high quality, appropriate health care and support to women and girls who have undergone female genital mutilation.

It is critically important when discussing this issue that we accept and acknowledge that individuals with traditions in communities believe that FGM is a part of the tradition, culture and family values. We must ensure that all legislative provision is made available to ensure that this does not happen. For women or girls who have had female genital mutilation, the danger is that if we stigmatise it too much, we could discourage them from seeking help or attending their local general practice doctor or for accessing health care in Ireland. It is critically important that when we are speaking about female genital mutilation, we clearly state that we object and have legislation in place and will pursue those who are involved in female genital mutilation. We must also clearly state that those who have had genital mutilation carried out on them are in no way to blame or could be prosecuted as it could discourage women who have had this procedure from seeking medical attention. This in itself could have profound implication for the health of themselves or their unborn child.

A number of the objectives are listed under each goal and the second goal has four objectives - to develop professional support for those involved in providing care and support for women and girls who have undergone FGM; to assist professional capacity building in the provision of health care and support services for women presenting with female genital mutilation; to address the physical, psychological and emotional health care needs of women and girls living in Ireland with female genital mutilation; and to improve data collection of women with female genital mutilation presenting to maternity hospitals. Regarding legislation, the plan aims for the enactment of legislation specifically to prohibit female genital mutilation in Ireland, including the principle of extraterritoriality as an extension of national legislative protection.

The HSE plays a key role in the prevention of FGM and the delivery of care to women who have undergone the practice. The health needs of women who have undergone female genital mutilation have been acknowledged in the HSE inter-cultural health strategy, 2007-12. The principles and recommendations of the strategy align strongly with the objectives of the national action plan to address female genital mutilation. The HSE was represented on the steering committee developing the plan and continues to support ongoing work with the group established to progress its implementation. In this regard, and in line with the principles of the national intercultural health strategy concerning partnership and cross sectoral collaboration, the HSE national social inclusion unit has made funding available to AkiDwA from March 2009 in order to progress the health-related objectives of the national action plan for female genital mutilation. These aim to provide high quality, appropriate health care and support women and girls who have undergone female genital mutilation.

The HSE's initial work has prioritised those aspects of awareness raising and provision of information to health professionals. One outcome is the development of professional supports for those involved in providing care and support for women and girls who have undergone female genital mutilation. Another is the development and dissemination of information for health care professionals working in Ireland on FGM, through a document entitled Female Genital Mutilation: Information for Health Care Professionals Working in Ireland. This pack was developed by AkiDwA in collaboration with the Royal College of Surgeons and was launched by the then Minister of State with responsibility for integration, Mr. Conor Lenihan. Ongoing demand by health professionals for this resource, both for use in practical situations and in training events, has led to the HSE supporting funding of additional copies.

I do not know the updated position with regard to funding from the HSE in support of this but I urge the Minister, in the context of the legislative enactment of this Bill, to provide funding to raise awareness of prevention and of the fact that there is legislation in place to discourage, prosecute and criminalise those involved directly or in aiding and abetting those who carry out female genital mutilation in the State or outside. I suggest the provision of funding for an awareness campaign to inform migrant committees, who are already vulnerable and are at one remove from the system. These campaigns should make them aware there is medical and psychological help available to those who have had the procedure carried out on them.

The HSE has stated that while initial work in the area of female genital mutilation in Ireland has focused on addressing health care needs of women who have undergone this procedure, ongoing awareness raising, confidential disclosures by women in focus groups, anecdotal information has led to a concern for children and young girls, particularly in respect of issues around prevention of female genital mutilation. The procedure has real implications for children living in Ireland. The steering committee to address it in Ireland has expressed concerns that there are girls living here at risk of undergoing the procedure because they are born into families that practise female genital mutilation.

There are two risks. The first is that FGM could potentially take place in Ireland although no known case has taken place. I find that hard to believe because legislation criminalising female genital mutilation has been in place for years in the UK. There is anecdotal evidence that it is carried out there and one can assume it has been carried out in this State. We must ensure we send out a strong message that we are not merely passing legislation but ensuring follow-up by the Garda Síochána and the DPP where information is presented to them.

I remember a Somali girl, Waris Dirie, who wrote the book "Desert Flower", discussing this on "The Late Late Show". Ireland was then a homogenous society and this was all new to us. She had been a model for the top agencies around the world and subsequently devoted her time to highlighting this issue. She became an ambassador to the UN to promote the need for strong legislative action to encourage outlawing this practice.

I mentioned countries where this is carried out. The Maputu Accord and various conventions were signed by many of the countries where large percentages of the female population have undergone female genital mutilation yet no convictions have taken place. I urge us to use every opportunity, through the UN, the WHO and other summits to indicate that this is a fundamental breach of basic human rights, including the right to dignity and integrity of the body. We cannot pass legislation and leave it at that. As a Parliament, as a people and as a society we must advocate in the strongest possible terms that this is a gross infringement on basics dignity and human rights.

I acknowledge the NGOs and voluntary organisations throughout the world who have consistently advocated the abolition of this gross practice. They also highlight the damage it does to the individual, physically and psychologically, and the threat it carries to women throughout their lives in respect of maternity and obstetrics. I commend the Minister for introducing this Bill.

In April 2010 the then Minister for Health and Children, Mary Harney, made a commitment to introduce new legislation to explicitly prohibit the barbaric practice of FGM. This is an important issue that must be dealt with in law and in society. Female genital mutilation is a barbaric practice that has no place here. The Criminal Justice (Female Genital Mutilation) Bill was published on 20 January 2011, shortly before the Dáil was dissolved. A national action plan to address female genital mutilation, drawn up by non-governmental organisations and statutory organisations including the HSE, was launched in 2008.

The Minister alluded to the fact that up to 3,000 people who have undergone female genital mutilation may be residing in the State. This is of great concern because many people see it as normal and it could continue and evolve in some of the traditions on this island. We must be vigilant and understand that some see this as normal and that some communities and families embrace it. This legislation provides a strong template and takes into account the views of the UN, the WHO, the European Parliament, the European Commission and various human rights treaties and protocols we have signed, which call on us to criminalise female genital mutilation and ensure strong legislative powers are available.

Our immigrant communities are often vulnerable and may not have the language or knowledge of available services and support. We do not want to stigmatise or discourage people who may have had this carried out on them from seeking medical help and assistance or going to a health facility or a local GP.

All information and education should be in the context of understanding that there are victims of this barbaric practice in our communities.

I thank the Minister for bringing the Bill to the floor of this House and congratulate those, including Senator Ivana Bacik who was mentioned and others, who have been supportive of this legislation being brought before the Houses of the Oireachtas and enacted as quickly as possible. We must ensure that this society sends out a strong message that this is an unacceptable practice that will not be allowed to be carried out in this country and that we will use whatever resources we have available in the context of prosecuting those who may aid and abet or carry out the practice in other jurisdictions also. For all those reasons I commend the Bill to the House.

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