Seanad debates

Wednesday, 21 April 2010

Female Genital Mutilation Bill 2010: Second Stage

 

10:30 am

Photo of Frances FitzgeraldFrances Fitzgerald (Fine Gael)

I welcome the information which has just been made available to the House, namely, that the Government will publish the heads of a Bill on this issue before the summer recess. We in this House must ensure this happens. We have had promises before, and we have to ensure the heads of the Bill come to the Seanad before the summer recess and that we see the Bill within six months.

That is to be welcomed. I congratulate, first of all, Senator Ivana Bacik and the Labour Party on producing this Bill and also the Government for making its announcement in this regard. This legislation is long overdue and is needed. The debate on this first began in Ireland a number of years ago. I have worked on this issue at a European level with the European Women's Lobby and at an Irish level with the National Women's Council of Ireland. At that time it was thought that this was a problem for other countries far away.

It is interesting the manner in which the debate has developed over the years, how our awareness and understanding has grown, how the international and European organisations have worked on the issue, countries have passed legislation and how more aware we have all become. It is important we have legislation in this country in this regard and I fully support the Bill before the House.

Both Senators Prendergast and Bacik have talked about cultural attitudes and issues. I want to say there is no cultural view that makes this practice acceptable. There was a major concern in our earlier understanding of this phenomenon and in debates that somehow we were literally cutting across other people's cultures by saying we thought this should not happen. In fact, as women's voices have been heard in Africa and other continents, it has become clear that women in the countries where this practice takes place are speaking out increasingly strongly against it because of the consequences for themselves, their families and young girls.

The importance of specific legislation is spelt out in the briefing note supplied to Members by the Children's Rights Alliance. I congratulate the members of different organisations who are present for this debate and who have worked on this issue in Ireland. The Children's Rights Alliance states in its briefing note that the importance of specific legislation cannot be overstated. Legislation can strengthen the ability of agencies to protect children at risk and provide appropriate care. It can act as a deterrent to the continuation of the practice. It is a legitimate way for parents to refute family pressure to submit their daughters to the practice. Legislative clarity and firm penalties, both imprisonment and a substantial fine, would act as a strong deterrent to communities practising FGM and deliver a clear preventative message to the public. For those reasons the legislation before the House is very important. It achieves the various objectives I have just mentioned. I do not expect any opposition to this Bill in the House.

We are aware of the dangers of FGM for women. It can cause major pain, not just physical but also psychological. There can be long-term medical complications, including severe problems when giving birth. FGM has become an issue in the western world and in countries such as Ireland as the community has become more multicultural. Medical guidelines in this country do not permit FGM. That means, however, there is potential for the practice to take place underground and in a quiet way, which increases the risks to women. The Children's Rights Alliance estimates there are 2,585 women resident in Ireland who have experienced FGM. That is an enormous number and many of them will need ongoing support and agencies to work with them.

We are aware of the circumstances in which FGM often takes place. This carries extreme medical dangers. The practice is brutal, insulting and an affront to the human rights and dignity of women and female children. That must be stated unequivocally. It is incumbent on us to update legislation in this country to outlaw FGM. There should be no ambiguity about it. Simply dealing with it under the assault provisions of our criminal legislation is not enough as it could lead to ambiguity. It is time to progress legislation on this issue and I am delighted with the news on this from the Government.

According to groups working directly with women, there is evidence that many young girls are still being forced to travel from Ireland to have this procedure carried out in their country of origin. That is a serious concern and raises the question of what we can do about it. The Children's Rights Alliance has suggested three urgent requirements which are very worthwhile. One is obviously legislation which would ban FGM in Ireland and include an extra-territorial element. That will be difficult but it is certainly worth examining. If we had such provision in our legislation, it might be a support to the families who are under pressure to go abroad with their children for this procedure.

The second point made by the alliance is interesting. It has not happened here yet but it should be considered by this House for inclusion in the legislation. The alliance recommends including FGM under the Children First national guidelines on child protection and the welfare of children. There is no reason it should not be included. Again, it would be another protection. The third recommendation is that the Government should assign responsibility for the implementation of Ireland's national plan of action to address FGM to a Department or agency. That should be possible. Perhaps the Minister would address it. I presume the Department of Health and Children would be the relevant Department. If a Department had responsibility for it, the implementation of the national plan would be more likely to happen.

It is good to see the progress being made on this issue. I look forward to seeing the heads of the Government's Bill in three months.

Comments

No comments

Log in or join to post a public comment.