Ivana Bacik (Independent)

I reiterate my thanks to Amnesty International and Ms Maria McDonald for supplying us with the opinion. I believe the requirement in section 4(1)(c), that an offence would constitute an offence in the place in which it is done, would benefit re-examination before going to the Dáil. As stated by Senator Colm Burke, this is not the case in British or Scottish legislation. I have also raised this issue with the Department and I am conscious there are Irish constitutional reasons the principle of dual criminality is included. The danger is that this may undermine the import of the legislation.

In most African countries, such as Nigeria, FGM is an offence. However, the concern is that in a state like Somalia where there is less state authority this might not be an offence. There are may also be other states where it may not be offence. I am conscious also that Article 44 of the European Convention on Violence Against Women, which is quoted by Maria McDonald, provides that state parties should ensure their jurisdiction is not subordinated to the condition that the acts are criminalised in the territory where they were committed. I know that the Minister, his officials and the Attorney General's office have already looked at this issue but I ask that this matter be briefly looked at again prior to the Bill going to the Dáil. If FGM is regarded as a crime against humanity or equivalent to torture then there is an argument that the normal rule of dual criminality perhaps should not apply in this case. I hope the Minister might review the matter one more time.