John Moloney (Laois-Offaly, Fianna Fail)

I will be taking the Adjournment on behalf of my senior colleague, Deputy Harney, who is unable to attend the Seanad this evening. I thank Senator O'Malley for the opportunity to speak on this important matter.

I also believe that female genital mutilation is a barbaric act, which constitutes an assault causing serious harm to the girls and women on whom it is performed. Female genital mutilation 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 even death. It exposes young girls and women to high health risks and seriously affects the quality of the rest of their lives.

The Department of Health and Children is working at present with Cosc, the national office for the prevention of domestic, sexual and gender-based violence and other relevant agencies in the preparation of a national strategy on domestic, sexual and gender-based violence. The strategy will set out the general vision and objectives and actions to tackle these issues. I also understand that female genital mutilation will be among the gender-based violence issues the strategy will address.

The Minister for Health and Children, Deputy Harney, recently received a draft copy of the document, Ireland's National Plan to address Female Genital Mutilation, which was launched yesterday, and she has noted its contents. The plan was produced by a national steering committee which included a number of non-governmental organisations as well as the Health Service Executive, and was funded by the European Commission.

Senator O'Malley may wish to note that legal advice which the Minister obtained in 2004 strongly indicated 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 still would 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. In September 2006 the UN Committee on the Rights of the Child, UNCRC, in its concluding observations on Ireland's second periodic report, urged Ireland to continue its efforts to end the practice of female genital mutilation through, inter alia, prohibiting it by law. The Minister for Health and Children, Deputy Harney, is examining the possibility of introducing specific legislation to ban female genital mutilation in the context of the UNCRC's recommendations.

The Department of Health and Children wrote to the then health boards in 2001 and again in 2004 and to the HSE in 2007 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 female genital mutilation. The Department also wrote to the Department of Justice, Equality and Law Reform in 2004 about 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 of Health and Children will, together with the HSE, examine the actions which the national action plan recommends regarding guidance for health care professionals and data collection.

I again thank Senator O'Malley and pass on the thanks of the Minister for Health and Children, Deputy Harney, for raising this important issue. Female genital mutilation is a barbaric practice and the Government will take any further steps which may be necessary to promote awareness of its illegality and unacceptability in our society.