Dáil debates

Wednesday, 14 March 2012

Criminal Justice (Female Genital Mutilation) Bill 2011: Report and Final Stages

 

6:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)

I refer to the Minister's response in which he stated that in regard to actions against those aged more than 18 years, under legislation currently in place under the Non-Fatal Offences against the Person Act, a person could be charged with assault. Would this cover a situation where the procedure was carried out outside this jurisdiction? That has been part of the difficulty up to now. I realise we will deal with it in a much more substantive way in the next set of amendments. Here, however, what we want to do is ensure that no matter whether a person is aged over or under 18 years, wherever this vile procedure is carried out against her will, it is possible to secure a prosecution, followed, one hopes, by a conviction. The reason is that it sets into the Statute Book a very strong deterrent. The clear message that comes from the international community is to set down very clear strong deterrents in this regard and to leave in place no possible loophole. The concern is that if a potential loophole is left in place it could end up being exploited.

I accept what the Minister stated in regard to medical and cosmetic procedures and so forth, but it is important that what is applicable in respect of something that happens in our jurisdiction also applies if these procedures are carried out elsewhere and that persons can be prosecuted in this country.

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