Dáil debates

Wednesday, 13 July 2011

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

 

5:00 pm

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)

I welcome the Bill. It is important not only because of the legislative provisions that will make FGM a criminal offence, but also because of the message it sends out that Ireland will not tolerate a violation of a woman or girl in this manner. The legislation was first mooted several years ago and Senator Ivana Bacik has pursued it with great commitment and energy. I commend her on her work.

Before discussing the Bill's provisions, it is important to note exactly how widespread is the practice of female genital mutilation. The WHO believes that between 100 million and 140 million girls and women are affected by some form of FGM. The reasons this practice is prevalent are manifold. They include issues relating to religious practices, tradition, sexuality, marriageability, economics and aesthetic reasons. None of these issues can justify allowing it to continue and the risk of it happening to females from Ireland is addressed by the legislation.

We need to be careful with our language in discussing this issue. It is worth bearing in mind that because so many people are affected by this practice, a note of caution ought to be sounded on the use of overly emotive words, for fear of hurting further those who have undergone the process. The Bill's provisions are comprehensive. It addresses a number of key areas, not least of which is the creation of a distinct separate offence of FGM, the definition of which is broadly defined. The extra-territoriality of the legislation makes it an offence to carry out or attempt to carry out acts of FGM in other countries, subject to conditions. Concerns about the relevant section have been expressed by some people and interested groups. In seeking to clarify this, I contacted officials in the Department of Health who were amenable to answering my queries and I commend them on the extensive work they carried out on this Bill.

Individuals and groups sought to broaden the effect of this legislation. They wanted the replacement of the dual criminal requirement in the Bill with one of a crime of universal jurisdiction. Dual criminality requires that an act of FGM must constitute an offence in the place where it is done in order for the perpetrator to be guilty of an offence. Only in exceptional cases are extra-territorial offences in criminal law provided for without a dual criminality requirement. Under Article 29.8 of the Constitution, the State may exercise extra-territorial jurisdiction in accordance with the generally recognised principles of international law. Where FGM is carried out privately, it is not an international crime. However, the general principles of international law are evolving all the time and, as a result, FGM may become an offence where universal jurisdiction could arise under jus cogens principles.

This matter was referred to the previous Attorney General and it has also been submitted to the current Attorney General. The advice received on both occasions deems that the requirement of dual criminality be present. Section 3 details the offences that would be committed if a girl or woman was removed from the State. In view of this I call for greater development in this area in international law in order that universal jurisdiction in making this an offence could be contemplated in the near future.

With that in mind, l have tabled a parliamentary question to the Tánaiste and Minister for Foreign Affairs and Trade asking at what stage the State is in ratifying the Council of Europe's convention on preventing and combating violence against women and domestic violence. The convention, which was only opened for signature on 11 May, still requires eight member states to ratify it before it may enter into force. Currently, 14 states that have signed up but none of them has ratified it yet. My understanding is that Ireland will sign and ratify this important convention. For this to occur, though, the convention, which covers a wide number of areas, must be examined to ascertain whether any of them contravenes Irish law. This treaty does explicitly state that the practice of FGM is condemned and I am advised that it provides that there should not be a dual criminality requirement.

However, this legislation is comprehensive in its outlook and I am, therefore, more than happy that it has been introduced. I hope that it will be enacted fully this year. We cannot allow the damaging health effects of this practice to continue. It is medically unnecessary and an irreversible procedure.

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