Mark Dearey (Green Party)

I welcome the Minister. I thank the Irish Family Planning Association for its briefing. I found it extraordinarily helpful over recent days when I was preparing to make my contribution, which I am happy to make on behalf of the Green Party. I support the Bill, as amended, from the Labour Party. When we dealt with the Prohibition of Depleted Uranium Weapons Bill some weeks ago I experienced a sense of pride that we were able to achieve cross-party support for an initiative I feel passionately about, as I do about this Bill although I cannot claim to have had any hand, act or part in initiating it. None the less I am very happy to support it.

The Bill is progressive and clear sighted. The cultural sensitivities are acknowledged but we are not deflected from ensuring that what happens within our jurisdiction is acceptable and that children are protected within our borders. I note that certain African countries have also introduced legislation to outlaw female genital mutilation. It is not a case of Europe or the West simply preaching to Africa, since African countries have made similar moves.

I worked for a number of years with Integration of African Children in Ireland, one of the organisations involved in drawing up the national action plan. The plan identified five pillars of activity, one of which is being addressed today. Senator Prendergast's absolutely horrific description of the reality of female genital mutilation demonstrates that she has had hands-on experience with this problem. I have spoken to mothers and families who are desperate to prevent it happening to the new generation. In many cases that is why they are in this country. It is very important for those people that, having come to Ireland and achieved citizenship, the fear of this practice visiting their households should be eliminated. I thank Senator Prendergast for conveying the reality of the problem and for participating in bringing this Bill forward.

The five pillars of the national action plan on female genital mutilation are legal, asylum, health, community and development aid. Each of these can contribute not just to outlawing the practice but ultimately to reaffirming women who have suffered this appalling degradation. Without the legal provision, however, the other four pillars are somehow less effective. The legislation not only will be a clear statement of our legal position on female genital mutilation but also will add energy and new momentum to the actions under the other four pillars of activity in terms of asylum, addressing the health implications, addressing the issue in the community and how to configure our overseas development aid, ODA, to countries that continue to practise female genital mutilation. It will give Ireland more legitimacy when dealing with countries in receipt of ODA to state that as the practice is outlawed in this country, it must be addressed in the country in question in terms of the provision of our ODA. It is to be hoped strong legislative measures will be in place within the next year or so. I welcome the Government amendment which will shorten the time period involved. I was disappointed this morning that a 12-month timeframe had been suggested, but I am delighted this evening that we have moved on. The five pillars of activity identified as being core in ridding the country of this practice and dealing with its victims in a sensitive and affirming way will be included in the legislation and of assistance to all who work in the area.

It is generally recognised that asylum law works better for men than women. As the only male speaker in the Chamber, that is not acceptable to me. It is not acceptable that asylum regulations seem to favour male applicants over female applicants. I am not sure why this is so, but we need specific guidance on the issue of gender-related persecution when asylum applications are being considered. This guidance has been introduced in the United Kingdom, Canada, the United States and Australia. I understand no publicly available guidelines are currently in use here when applications are being considered. I intend to raise this matter with the Minister of State with responsibility for integration matters, Deputy Mary Alexandra White. Implementation of best practice gender persecution guidelines will lead to improved outcomes for women claiming asylum on issues such as this. It is an important one to be pursued.

I welcome the strong penalties proposed in the Bill. A person found guilty on indictment will face a fine or imprisonment for a term not exceeding 14 years or both. This is appropriate, as it recognises the different types and extremes of this practice, type three being truly horrific. Anyone found guilty of such a crime ought to face a very severe sentence - a sentence not exceeding 14 years will send that message.

I commend the proposers of the Bill which I am happy to support as amended.