Fiona O'Malley (Dún Laoghaire, Progressive Democrats)
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I am grateful to have an opportunity to discuss this important issue today, the date chosen to focus attention on the eradication of female genital mutilation. I feel it is incumbent upon me to raise this issue. The United Nations Family Planning Association and UNICEF estimate that every day approximately 6,000 girls are subjected to this cruel fate. The practice is continuing and it says much about the role of women. It is incumbent on Deputies to raise this matter. I note that over 20 Members of the House are women.

Female genital mutilation is a violation of the basic rights of women and girls. It is a dangerous and irreversible procedure that negatively impacts on the general health, child-bearing capability and educational opportunities of girls and women. There is anecdotal evidence that this practice is being carried out in Ireland. Health workers and voluntary sector groups have been approached by women querying how they can get the procedure done to their daughters in Ireland. This reflects the fact that we have not made it clear that such a practice is illegal. We should take every opportunity to make it perfectly clear to people that it is against the law and not something we would countenance. When we get the opportunity to highlight the matter on a day like today — the international day for the eradication of female genital mutilation — we should do so.

We know of parents who are seeking refuge in Ireland to ensure that their daughters are not circumcised. Intolerable societal and family pressures result in women fleeing the country with their children, leaving behind other family members, including husbands and older children, to ensure their own daughters are not cut.

Agencies such as the UNFPA and UNICEF estimate that at least 130 million women have been forced to undergo female genital mutilation. Another 2 million are at risk each year from this degrading and dangerous practice. We have a responsibility to ensure the elimination of this practice wherever it occurs. In many ways we are working towards that goal. I applaud the Minister of State at the Department of Foreign Affairs, Deputy Conor Lenihan, whose initiative allowed Irish Aid to become involved in preventing and responding to gender-based violence, particularly in conflict situations. Our leadership in highlighting the issue has earned the country great kudos.

Our support of UNFPA is also vital in this respect. UNFPA supports women's groups and parliamentarians in promoting laws to protect women and girls against female genital mutilation. The agency recognises that legal action alone is often not enough to deal with such traditions. Therefore, it takes a culturally sensitive approach, working with local power structures to mobilise communities and undertake broad advocacy campaigns to offer alternative rituals.

We need to have the courage to recognise that these practices are beginning to permeate our society. In September 2006 the UN Committee on the Rights of the Child urged the State to continue its efforts to implement targeted programmes which sensitise all segments of the population as to its extremely harmful effects. We are not doing enough. Rather than merely continue as we have done, we should make stronger efforts to prevent the practice taking root in Ireland.

I welcome the opportunity afforded to me to highlight the issue. I look forward to the response of the Minister of State.

Tim O'Malley (Limerick East, Progressive Democrats)
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I thank Deputy Fiona O'Malley for the opportunity to speak on this important matter. I apologise on behalf of my colleague, the Minister for Health and Children, Deputy Harney, who cannot be present.

Female genital mutilation is a barbaric act which constitutes an assault causing serious harm to the girls and women on whom it is performed. It is a deeply-rooted traditional practice which continues in countries in Africa, the Middle East and Asia. The age at which it is performed varies from area to area. It may be performed on infants, female children and adolescents or, occasionally, on mature women. It is not only extremely painful but results in serious mutilation and may cause infection and death. It exposes young girls and women to high health risks and seriously affects the quality of the rest of their lives.

The Minister for Health and Children has obtained legal advice from the Attorney General that female genital mutilation is an offence under the Non-Fatal Offences Against the Person Act 1997. The advice states, inter alia, that it is likely that performing an act of female genital mutilation would comprise an intentional act which causes serious harm and would thus be an offence under section 4 of that Act. If the act of female genital mutilation was not found to have resulted in "serious" harm, it would still be open to the Garda to prosecute for the similar, though less serious, offence of assaulting a person causing harm, provided for by section 3 of the 1997 Act.

The Department of Health and Children wrote to the then health boards in 2001, and again in 2004, drawing their attention to the issue of female genital mutilation and requesting that personnel working with immigrant populations take opportunities to educate them about the dangers and unacceptability of the practice. The Department also wrote to the Department of Justice, Equality and Law Reform in 2004 with regard to the issue. It asked that staff under the aegis of that Department whose work brings them into contact with persons from regions where female genital mutilation is practised should be made aware of the issue and should educate and inform such communities about the illegality and unacceptability of female genital mutilation. The Department will be writing to the Health Service Executive on the matter again shortly to ensure female genital mutilation continues to be the subject of appropriate awareness and attention within the health services.

I thank the Deputy for raising this important issue. Female genital mutilation is a barbaric practice and the Government will of course take any further steps which may be necessary to promote awareness of its illegality and unacceptability in our society.