Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

Female genital mutilation is associated in most people's minds with African countries. It is rightly seen as a reprehensible practice but also something more from the past than the present and very distant from Ireland. It will come as a surprise to many people, therefore, to learn that it is estimated that more than 3,000 women in Ireland are living with female genital mutilation. These are women who were subjected to FGM as children and are now living in this country, and some may have been subjected to FGM as children here. This Bill, therefore, is a welcome and essential measure. I have called on many occasions for this legislation to be introduced and I commend the Minister and the Government on bringing it forward.

Female genital mutilation may already be punishable in this State under the Non-Fatal Offences Against the Person Act. I would like the Minister to address that when responding to Second Stage contributions. However, that law, the Non-Fatal Offences Against the Person Act, may not be sufficient to address every type of female genital mutilation procedure, nor does it have extra-territorial effect. Furthermore, there is a defence in that Act that the assault was "generally acceptable in the ordinary conduct of daily life" which could allow for a defence based on culture but certainly not the culture of this country.

A defence of consent might also be possible under the Non-Fatal Offences Against the Person Act, even though "consent" in such cases is usually given in the context of significant family and peer pressure. Legislation specifically addressing those issues was needed to fill those gaps, and therefore I will be supporting the passage of the Bill now before us.

Although female genital mutilation is a significant problem in many parts of the world, it is unknown how big a problem it is in Ireland. In 2008, the migrant women's organisation AkiDwA estimated that there were 2,585 women resident in the State who had undergone the procedure at that time. It calculated this number based on the 2006 census figures for women from countries where female genital mutilation is commonly practised, and the estimated prevalence of FGM in those countries. Clearly, the exercise is not an exact science, and I wonder if the Minister has any more up to date information even arising from the more recent 2011 census. As of last year AkiDwA had revised the number upward to 3,170. AkiDwA stresses that these figures are likely to be an underestimate. Undoubtedly, there are thousands of women in Ireland who have undergone the procedure and many of them are still suffering the consequences for their physical, psychological, reproductive and sexual health.

This Bill alone cannot address their needs, but we hope that it will prevent girls and women resident in Ireland from falling victim to the practice. It will create penalties not only for carrying out an act of female genital mutilation but for bringing a girl or woman outside the State for that purpose. It may be difficult to enforce the extraterritorial aspect of the Bill but we have an obligation to have the law in place, as a deterrent and as a means of dealing with the cases that arise, and they do and they will. Most immigrants are law-abiding people who understand the need to respect the laws of their adopted country, but there will be those who will not.

The Bill will also assist those who do not want their daughters to undergo female genital mutilation but who may be facing pressure from members of their family or from within their own community. A number of cases of that have been highlighted here in recent years. Whereas previously they may have only been able to say "I do not want this to be done" or "I object to my daughter or my younger sibling being subjected to this procedure", they will now be able to say, on the passage of this legislation, "I cannot allow this to be done to her because it is illegal here in Ireland". Make no mistake about it. They will be strengthened by the further point they can make that there is a term of imprisonment of up to 14 years consequent on the action, the association or being an accomplice to such a procedure being performed in this State.

It must be made clear that the law will be enforced, which is not the case in many countries where female genital mutilation is technically illegal but goes on with no real interference from the authorities. Enforcement will be vital, and there must be a clear statement of intent in that regard. It is not enough to have the legislation on the Statute Book. There must be a clear intent on the part of the Minister and the Government, and that must be signalled to those whose responsibility it is to enforce the law of the land.

It must be stressed that the law is only one part of the solution to the problem of female genital mutilation. Ultimately, what is needed is a cultural change to ensure that female genital mutilation is recognised as the human rights violation that it clearly is.

There is a need for sensitivity in the way that is approached. Some of those who are trying to end the practice within their culture and respective communities have said that the language used by westerners, including us, in condemning it is unhelpful and may only strengthen the resolve of those who defend the practice. We must listen to what those people are saying. Some have argued against the use of the word "mutilation" for that reason and prefer the term "female genital cutting" instead. It is believed by many in those communities that the west, including Ireland, is motivated less by concern for the girls and the women than by a desire to "Europeanise" their culture. We must try to avoid giving that impression, as it impedes efforts to eradicate the practice. We must also recognise that some in our midst will become even more trenchant in their views and utilise our language as a reason to continue practices we find absolutely abhorrent.

Female genital mutilation occurs in many cultures and for many reasons. It is essentially an attempt to suppress female sexuality. However, that is not always the conscious motivation. Many in the practising cultures, including women, believe women benefit from the practice. This belief must be challenged, but it must be challenged effectively, which requires understanding the role that female genital mutilation plays in a community's social order. This is difficult for outsiders to achieve.

It is now widely acknowledged that campaigns to end the practice must be led in the first instance from within the community that carries it out. We, as a country, must support organisations, inside the State and abroad, that are based in communities where female genital mutilation is practised and which are working to eradicate it among themselves.

It is important that we do not send out mixed messages by condemning female genital mutilation in one context and tolerating it in another. Our policies must be consistent, and this includes our asylum policy. Five years ago, the then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, stated female genital mutilation was a cultural practice and not a ground for asylum. Fortunately, the courts do not agree with him, at least on principle. In practice, however, the bar for proving there is a risk of FGM is set very high and asylum claims based on FGM are often refused. Nigerian applicants, in particular, are often told they can simply relocate to a part of their country where female genital mutilation is not practised. This may be easier said than done, particularly for very young women and girls.

World Health Organisation figures suggest that approximately 20% of girls and women in Nigeria are still subject to female genital mutilation. If one in five young men were suffering from a debilitating injury to their sexual organs, would the risk be taken so lightly? I ask this question in all seriousness.

We must also look at improving the way we address the health care needs of those who have undergone female genital mutilation. AkiDwa has produced a comprehensive information booklet and provided training and seminars for health care professionals, and these have been very well received. It is important that all general practitioners, nurses and other health and social care professionals be properly trained to provide appropriate care to women and girls affected by female genital mutilation. The Minister might address this in his concluding remarks.

The failings in our health care system may have a particular impact on the affected women, especially those living under direct provision in the asylum system. They are reliant on the services available to medical card holders and are subject to long waiting lists if they need specialist care. Going private is not an option for someone dependent on an income of €19 per week.

There is irrefutable evidence that the direct provision system exacerbates mental health problems, from which many of those who have undergone female genital mutilation will suffer. These are all issues that will need to be addressed if we are truly concerned about the human rights implications of female genital mutilation.

Those campaigning against female genital mutilation speak of the need for an holistic approach to ending the practice. We, too, need to take an holistic approach. We need to prevent female genital mutilation occurring in this country, protect those who seek refuge here from it and support those working to eradicate the concept from the hearts and minds of their own people not only in Ireland, but globally.

This Bill is an important step but it is but one step. There have been suggestions that the Government should address the budget deficit by cutting overseas aid. Some of that aid goes to organisations working to end female genital mutilation. We cannot have it both ways. It would be a tragic irony if a policy aimed at preventing female genital mutilation in Ireland were accompanied by a policy that only helped to sustain it abroad. That is the type of short-term, disjointed thinking that Fianna Fail turned into a trademark, as the Minister and I have often pointed out. I appeal to the current coalition not to repeat their mistakes, at least in this area.

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