Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)

I record my support for amendment No. 2 in Deputy Naughten's name and urge the Minister's favourable consideration of amendment No. 3.

The Minister indicated on Committee Stage that this is something that could be revisited in the context of the Government signing the Council of Europe Convention on Preventing and Combating Violence Against Women. Can he give us an indication of the status of that? I understand that was in draft form. Can we get an indication of the position on that and could the Minister reiterate for the Official Report what he said on Committee Stage if that was his intention and that of the Government? Are we looking at a hiatus period from the time of the passage of the legislation, which will happen altogether apart from the arguments Deputy Naughten, I and others may offer? I would like to get a sense of some certainty into the future on the issue of dual criminality, if the Minister is not prepared to remove it as my amendment seeks in terms of page 5, section 3(15)(c) where I propose the deletion of the words "and would constitute an offence in the place in which it is done". This dual criminality in regard to FGM is yet another significant flaw and get-out clause for some.

It is not suggested that a flood of people will head for the option of avoiding this country's laws after the enactment of this Bill, but there is clearly a loophole for those who are already intent on performing, facilitating or encouraging the practice of FGM. It is very important that we recognise the concerns of a number of organisations representative of newcomer people in our communities. I refer in particular to Akidwa. To leave this flaw within the Bill will allow for those whose intent is to avoid the law to circumvent it by opting for a country where it is not currently legally prohibited.

We went through the arguments at great length on Committee Stage. Deputy Naughten has spoken passionately about them today. I again urge the Minister to consider my proposal in amendment No. 3 favourably. I support amendment No. 2. I am not sure about amendment No. 5, but that is not the point. The issue is dual criminality, what the Minister is prepared to do about it and if he will reiterate his commitment on Committee Stage on the Council of Europe convention on preventing and combating violence against women.

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