Dáil debates

Wednesday, 13 July 2011

Criminal Justice (Female Genital Mutilation) Bill [Seanad]: Second Stage

 

5:00 pm

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)

I welcome the Bill and I congratulate the Minister on giving it priority in what I know is a busy schedule of urgently required legislation. I am sure like many of my colleagues I never thought an Irish Parliament would have to confront an issue such as FGM but confront it we must because we are such a multicultural society, and have become one almost overnight.

As an island country we are always in danger of becoming inbred and insular, both literally and figuratively, so we should welcome a new influx of people to our shores improving and diversifying our gene pool, as we welcomed to varying degrees waves of population which came to us in the past from the Danes on. Ultimately, they all intermingled with Irish society and their customs and practices were integrated into local customs.

Culture clash is inevitable with a large influx of people into a population and issues will arise regarding integration and assimilation. I am sure many practices and beliefs of our new visitors seem strange to us as, I am sure, some of our practices seem inexplicable to them and probably defy any rational explanation. By and large, our experience of immigration has been positive. Our visitors have taken to Irish life, enriched our experience and have brought colour and diversity to our practices with their celebrations, songs and dances. However, we find to be anathema certain practices which some of our visitors have brought and we totally reject them and their validity, even when they are defended as cultural expression. Some cultural expressions are just plain wrong and the context, location or cultural background do not wash as an excuse. They are as wrong now as they were in the past. Slavery was wrong then and is wrong now; it does not matter whether it is part of one's culture or not. Slavery, polygamy and FGM are wrong and must be seen as such.

I appreciate we have been asked to be sensitive to a practice which some regard as an important social and cultural expression and Deputy Ó Caoláin mentioned this. However, to be frank if being sensitive to it in any way tries to mitigate its horror or to imply tolerance of FGM then I cannot be sensitive.

Female genital mutilation is a completely unacceptable practice and I am pleased this is reflected in the legislation. We must be unequivocal in our rejection of a practice that is an affront to any semi-civilised society and every right-thinking person. It is an utterly barbaric practice visited on small, female children which does not have any health benefits. On the contrary, many children do not survive the mutilation and those who do suffer lifelong physical and psychological damage. The health consequences of FGM have been well documented and include pain, shock, haemorrhage, infection and sepsis in the immediate aftermath of the procedure. In the long term victims suffer chronic pain and disease and the practice has serious consequences for mothers at childbirth later.

The mutilation is carried out in the most barbaric manner, often in appallingly unhygienic conditions. It is typically performed by older women in the community using razor blades, scissors and pieces of glass. In some countries where FGM is practised moves are afoot to try to improve the safety of the procedure by having it performed in a hospital or clinical setting. Irrespective of whether it is performed in a clinical or hygienic setting, female genital mutilation remains an egregious assault of the most brutal proportions perpetrated on a child. No self-respecting medic would have anything to do with the practice. After all, medics are dedicated to the precept that they must first do no harm. As such, performing such a procedure clearly runs contrary to that precept.

That female genital mutilation is often performed by women who are related to the child victim is sometimes advanced as proof that the practice is somehow an accepted and socially approved and culturally embedded practice. That is not the case. It should not come as a surprise that women in the male dominated societies where the practice is performed believe they must conform. They have little choice, having been themselves victims of female genital mutilation and given that their only hope of economic security is marriage, for which female genital mutilation is regarded as a prerequisite. It is a brutal device aimed at subjugating and controlling women by mutilating them at an early age. It is gender based violence dressed up as an expression of culture.

While no one knows if FGM is taking place in Ireland, there is at least anecdotal evidence that Irish born children are being taken abroad to have the procedure performed. Although it is difficult to enforce legislation which prohibits removing children from the State for this purpose, I am pleased the Bill attempts to address this issue. It is vital that all those who are is in contact with people from countries where female genital mutilation is practised make clear that merciless enforcement measures will be taken against anybody involved in the removal of children for the purposes of female genital mutilation.

I am concerned by the section which excludes women aged over 18 years from the measures of the Bill. I understand this has been done to ensure cosmetic surgery does not become a crime. In societies where men establish the mores and set the rules not only children but all women can be coerced into accepting or even volunteering for mutilation. I am concerned that this could be dressed up as voluntary participation in cosmetic surgery.

Concerns have also been voiced about limiting the offence of removal from the State for the purposes of female genital mutilation to countries where the practice is illegal. I ask the Minister to examine ways of making the relevant measures more comprehensive. I do not understand the reason the legality of female genital mutilation, or the lack thereof, should influence the efforts we our making. As other speakers have noted, legislation is only one of the changes required if we are to achieve the abandonment of the practice of female genital mutilation. However small the contribution of Ireland, we should seek to maximise all opportunities to bring pressure to bear.

Notwithstanding that FGM is a control mechanism of one gender by and for its benefit, the practice has become so embedded in culture and belief systems that uncut women are shamed and alienated in their own eyes as well as in the eyes of society. While legislation alone will not change this position, it can change attitudes, albeit not quickly enough. What is required, as other Deputies noted, is a multi-pronged approach which goes beyond punitive measures. In their dealings abroad with communities which practise female genital mutilation all Ministers and our entire diplomatic corps must first press for prohibiting legislation and, subsequently, seek the enforcement of all such legislation. As has been noted, in some countries where the practice has been made illegal, evidence suggests the relevant law was passed for international consumption and legislators continue to baulk at enforcing it.

No opportunity should be lost, either at diplomatic or European Union level or through the offices of Irish Aid, to reinforce the message that this gross violation of human rights is unacceptable. Irish and EU aid should be made conditional on a clear commitment from the relevant governments that they will do everything possible to stamp out the practice of female genital mutilation. The abandonment of the practice will only be brought about through education, especially of girls. Recent studies of aid effectiveness show that real and lasting improvements are achieved in underdeveloped countries when resources are devoted specifically to young girls. Girls are forced into accepting FGM primarily as a result of their economic dependence on men owing to a lack of alternatives or means of support other than marriage. Hence, they are vulnerable to any practice deemed necessary to make them attractive or even acceptable for marriage. Education is the key to female genital mutilation being abandoned in future. For this reason, one of the core values of Irish Aid must be that it concentrates resources on young girls. Investment in their health and education helps them stay at school longer, avoid early and multiple pregnancies and female genital mutilation and ensures better outcome for them, their children and society. Most of all, it gives them a choice beyond self-mutilation or acceptance of mutilation for their future economic security.

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