James Reilly (Dublin North, Fine Gael)

The amendment relates to the exemption from prosecution under the Bill for a girl or woman who self-mutilates. I am pleased to clarify that it is already the case that a person who aids and abets such a girl or woman to engage in FGM on herself can be tried for an offence under the general criminal law. This is because the exemption would only apply to the girl or woman herself and would not apply to create an exception for any person who aids, abets or incites her to the act.

The offences of aiding, abetting, counselling and procuring the commission of FGM are already provided for in the general criminal law acts on the grounds that a person is liable to be tried and punished where she or he aids, abets, counsels or procures the commission of an indictable offence. Section 5l provides that doing or attempting to do FGM is an indictable offence. The general criminal law Acts concerned are the Criminal Law Act 1997, the Criminal Justice Act 2006 and the Criminal Justice (Amendment) Act 2009. In a similar vein, the offence of conspiring with another person to do FGM is covered by the same general criminal law. Therefore, the amendment is unnecessary, but I thank the Deputy for the sentiment expressed.

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