James Reilly (Dublin North, Fine Gael)

It is unfortunate that we are having a long debate on this aspect of the Bill. I strongly dispute what Deputy Ó Caoláin said. A strong message is coming from the Government and this House to anyone thinking of performing female genital mutilation, namely, that it is unacceptable and punishable by law, whether carried out here or where the victim is taken to a foreign jurisdiction to perform what Deputy Caoimhghín Ó Caoláin described as a heinous act. Let there be no dilution of that. We have laws in this country and the highest law officer in the land, the Attorney General, has reviewed both legal opinions provided by Amnesty International and is clear on the situation. We received legal advice that if, hypothetically, a woman was drugged and the police in another state intervened and prevented her from undergoing female genital mutilation, a person could be prosecuted for an attempt to carry out female genital mutilation under section 2 of the Bill or section 2 of the Non-Fatal Offences Against the Person Act 1997.

We have covered the situation where there is medical necessity for intervention. We cannot take this matter in isolation. Legal advice was received that it is insufficient to examine this section 2(2)(d) in isolation. Section 2(2)(a) provides that a person is not guilty of an offence if the person is a medical practitioner and the act is a surgical operation necessary for the protection of the woman's mental or physical health. Similarly, section 2(2)(b) provides that acts that would technically be female genital mutilation but are required for labour or delivery are not female genital mutilation. Section 2(2) is part of the context that should be considered for the interpretation of the paragraph. I cannot accept the amendment and I ask that it be withdrawn.

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