Seanad debates

Thursday, 2 June 2011

Criminal Justice (Female Genital Mutilation) Bill 2011: Second Stage (Resumed)

 

1:00 pm

Photo of Caít KeaneCaít Keane (Fine Gael)

Cuirim fáilte roimh an Aire chuig an Teach. Táim an-bhródúil as an deis labhairt do mo chéad uair sa Teach ar an Bhille seo. Inniu, tá deis againn, ní amháin caint agus obair a dhéanamh ar son mná na hÉireann ach ar son mná an domhain. Táim an-bhródúil a bheith páirteach sa díospóireacht seo.

On my first opportunity to speak in this House, I am delighted to be afforded the opportunity to speak on this important Bill. It is an opportunity to speak not only for the women of Ireland but for the women of the world, some of whom perhaps cannot speak for themselves. We should all be cognisant of that.

I, like previous speakers, commend Senator Ivana Bacik on initiating this Bill in the House and having brought it to Second Stage. We will be able to make further contributions on it as it progresses. The initiation of this Bill is an example of how Seanad Éireann carries out it work. It has effectively and efficiently initiated Bills in the past and it will initiate more in the future.

Senator MacSharry commented on how the media are absent from the House on this important occasion, which is regrettable. It is an important occasion for women but it is more than that. It is an important occasion for health services for women, Ireland's health services, health professionals, social workers, other services and provisions related to this barbaric act. I am sad the media in Ireland have not shown courtesy to the people whom the subject matter of this Bill has affected and will affect. It has been enunciated that there is cross-party support for this Bill. Perhaps it is a reflection on the media in Ireland that women's issues are not important to them. This is an example of that. Good news very seldom makes news, it is bad news usually that makes the news.

Speakers have commented on the statistics on the prevalence of FGM. The World Health Organization's statistics on its prevalence in the world and in Ireland were mentioned. I have a list of statistics but I will cite just one, the fact that 6,000 girls a day suffer this practice. That statistic brings the horror of this home and raises the question should we have had our eyes closed to it for so long. Note should definitely be taken of that statistic.

The practice is unquestionably a barbaric act - there is no other word for it - by western standards but by any standards worldwide. We have continuous migration into this country and culture has been mentioned in the debate but culture is one thing and barbaric acts are another. This practice must be condemned.

Women who have undergone this barbaric procedure have suffered from all types of medical problems afterwards. It must to be outlawed. There is no legislation in place covering the practice of FGM and we are dependent on the sub-legislation in place. There is lack of a clear legal framework not alone to provide for the people affected but to assist health workers, social workers and care professionals. I commend the Minister on his detailed contribution on the Bill he presented and on the knowledge he has brought to the House on the implementation of the medical guidelines.

Senators Bacik and van Turnhout mentioned the mental health aspect in terms of the impact of this act. We should flesh out that aspect on Committee Stage and amend the legislation accordingly. Mental health covers a multitude and it needs to be detailed in the Bill. If it is not detailed, there will be loopholes. We must ensure that we close all loopholes in the case of this important legislation.

Another aspect is that of consent, to which Senator Bacik referred. It concerns sections 3(2)(c) and 4(2)(d). Section 3(2)(c) contains the words "done to a woman" but the words "without consent" are omitted, although section 3 provides that it shall not be a defence for it to be believed that there was consent. We will have to examine that section on Committee Stage. In European countries women have free will and consent is one thing but in other cultures women even over the age of 18 do not have free will and are subservient to the male gender in certain countries. We must ensure that if we are legislating in this respect for people going out and coming back into this country that we take into consideration that what consent means in Europe may not mean consent in another jurisdiction. That must be taken into consideration in terms of sections 3(2)(c) and 4(2)(d). Education must also play an important part in this respect.

I thank the Minister for bringing this legislation to the House. I support it and I am delighted it has cross-party support.

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