Nicky McFadden (Longford-Westmeath, Fine Gael)

I welcome the opportunity to speak on this important legislation which will have a positive impact on the rights of women vulnerable to female genital mutilation. The Bill aims to better protect girls and women from female genital mutilation, defines acts of female genital mutilation, makes acts of female genital mutilation a specific criminal offence and allows for acts of female genital mutilation carried out in other jurisdictions to be prosecuted in Ireland in certain circumstances. It also makes it an offence to remove a girl or woman from the State for the purpose of carrying out an act of female genital mutilation.

The publication of the Bill, which establishes FGM as a distinct offence, will enhance awareness of what the practice involves, where it takes place and what are its health effects. Female genital mutilation is defined by the World Health Organisation as the partial or total removal of the external female genitalia or any practice which purposely alters or injures the female genital organs for non-medical reasons. It is a violent act perpetrated against women and does not have any health benefits.

According to the World Heath Organisation, between 100 million and 140 million girls and women worldwide have undergone female genital mutilation. The practice is most commonly carried out on girls between the ages of four and ten years. While it has been reported to occur in all parts of the world, it is most prevalent in western, eastern and north-eastern regions of Africa, some countries in Asia and the Middle East. It also occurs among certain immigrant communities in North America, Australia and Europe. It is important to note, however, that FGM is a cultural rather than religious tradition. The association of the practice with Islam has been refuted by many Muslim scholars and theologians and it is not practised in many countries with predominantly Muslim populations, such as Saudi Arabia. While people may be rightfully outraged by FGM, anger must not be misdirected towards one religious group or organisation.

Female genital mutilation is carried out for a number of reasons, none of which is concerned with medical issues. The reasons depend on the ethnicity of the child and where she lives. The decision to carry out FGM is usually taken by members of the family and extended family. One of the reasons given for the practice is that a woman's sexuality is perceived as a potential danger to the society in which she lives. This idea is dangerous, anti-woman and has no place in civilised society.

Some cultures believe it is inappropriate for a man to marry a woman who has not undergone FGM. A woman's purity and ability to carry out her role as wife and mother is somehow dictated by having had FGM carried out. Other reasons given for the practice include tradition, religion and aesthetics.

I welcome this Bill and its publication by the Department of Health. It is very important in that it better protects the rights of girls and women in Ireland from the violent, unnecessary and abhorrent practice of female genital mutilation. Female genital mutilation is a gross violation of the rights of the child and of the rights of the woman.

In Ireland, girls and women are at risk of having FGM carried out on them and many have already experienced FGM. Girls tend to be at risk if they are born into families that practise FGM. The procedure could take place in Ireland but some girls may be brought from Ireland to their parents' countries of origin to have FGM performed.

According to the migrant women's health project AkiDwA, 2,565 women in Ireland between the ages of 15 and 24 have undergone FGM. These women come from countries such as Nigeria, Somalia, Northern Sudan, Egypt and Kenya.

Female genital mutilation is a medically unnecessary and irreversible procedure that injures the health of millions of girls and women worldwide. There are serious implications on physical health, sexual and psychosexual health and mental and emotional health.

In 2008 Ireland's national plan of action to address FGM was launched by a steering committee comprising of governmental and non-governmental organisations. I thank and commend this group for the work they have done in ensuring the publication of this Bill. The national steering committee included AkiDwA, Amnesty International Ireland, Barnardos, Cairde, the Children's Rights Alliance, Christian Aid, Comhlámh, 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 Service, the Somali Community in Ireland, the Somali Community Youth Group and UNICEF. I also acknowledge the work undertaken by the Department of Health and the Minister.

Under current criminal law, it is possible to prosecute someone for carrying out an act of FGM in Ireland. This could be under the Non-Fatal Offences Against the Person Act 1997 or the Criminal Justice Act 2000.

This new Bill has been advocated, as current legislation does not have extraterritorial effect and does not make it an offence to remove someone from the State to carry out FGM in another state. An act of FGM is not defined in Irish law and concerns have been raised about whether it is possible to use a defence of culture or of parental consent to an act of FGM. The Bill makes FGM a distinct separate offence rather than an assault under current legislation. FGM is recognised as a specific serious crime against girls and women. It is an offence under this Bill to carry out an act of FGM in Ireland and also for an Irish person or someone who is ordinarily resident here to carry out an act of FGM abroad.

Extraterritoriality is introduced in section 4. This means that acts of FGM or attempts to carry out acts of FGM in another jurisdiction will be treated as if they were carried out in Ireland.

My main concern with this Bill is the provision that FGM must be an offence in the country in which it is carried out in order for it to be prosecuted. This provision is in contrast to UK legislation which does not limit the extraterritorial effect to countries where FGM is illegal.

I strongly support the argument of the Children's Rights Alliance that along with these legislative changes there should also be education, prevention and awareness-raising measures among communities where FGM may be practised. This can be done through medical personnel, gardaí, social workers and teachers. Support services should be available for girls who have suffered FGM. This may be in the form of medical and psychological support. Cultural sensitivity and understanding is vital. Criticism of FGM practices should not turn into criticism of an entire cultural identity or group.

I take this opportunity to ask the Minister for Children and Youth Affairs to include a reference to FGM in the Children First National Guidelines for Protection and Welfare of Children so child protection rules can be affirmed. I also suggest that we give due consideration to the methods undertaken in France to convict those who carry out FGM. France has the highest conviction rate in Europe and their process should be examined.

The Bill does not limit the definition of FGM to the most invasive forms of FGM performed and would include all the actions identified in the World Health Organisation classification. Female genital mutilation violates health rights, security rights and the physical integrity of a child or woman and flies directly in the face of basic human rights. We need to speak out on behalf of vulnerable young women who are unable to stand up for or speak for themselves. This Bill brings the opportunity to improve the lives of women.

I commend the Minister.

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