James Reilly (Dublin North, Fine Gael)

As much of the extra-territorial issue will be dealt with in the following amendment, I will leave that aspect until then. I propose to consider together amendments Nos. 1 and 4, proposed by Deputy Ó Caoláin. These amendments relate to exemption from prosecution when a person performs an act on a woman who is aged over 18 years and there is no resultant permanent bodily harm. It was decided to use the broad WHO definition of what constitutes FGM, which includes Type 4. This category subsumes all other practices not included in Types 1, 2 and 3, and usually refers to pricking, piercing, incising, scraping and cauterisation. This decision was made to ensure that all forms of FGM are covered by the Bill.

It is not, however, the intention of the Bill to criminalise certain forms of genital piercing and cosmetic surgery for aesthetic purposes. Unless the exemption is included, piercing and cosmetic surgery would be counted as female genital mutilation because of the definition of acts of FGM we have already adopted in the Bill. This wording was chosen following extensive consultation with the offices of the Attorney General and the Director of Public Prosecutions. It acknowledges that adults have the freedom of choice over cosmetic and other procedures that do not violate their human rights. Following a further review of the matter recently and additional advice sought from the Attorney General, the exemption, as currently worded, stands.

Under this exemption no offence is committed if an act of FGM is committed against a woman of 18 years or more and where no permanent bodily harm is done. However, it should be borne in mind that if a woman undergoes FGM which does not result in permanent bodily harm and she has not consented to the procedure, the act can be prosecuted as assault under the Non-Fatal Offences against the Person Act 1997. This rationale also applies to the other instances of this exemption present in the Bill in section 3(2)(c) ,when a girl or woman has been removed from the State for the purpose of FGM and section 4(2)(d) when the acts are done outside the State. Therefore, I ask Deputies to reject Deputy Ó Caoláin's amendment.

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