James Reilly (Dublin North, Fine Gael)

I thank Senators Burke and Bacik for raising this important issue. As acknowledged by Senator Bacik, the Department is aware of the work done by Amnesty International and its report on the need for dual criminality provision. We have sought advisory counsel's advice on the matter. In the meantime, current advice stands. However, as Senator Bacik pointed out there will be an opportunity between now and when the Bill goes to the Dáil to look again at this matter.

The Bill includes a requirement of dual criminality governing an act done by an Irish citizen or a person ordinarily residentin the State. As already pointed out, this does not apply in Scotland or England. However, they do not have a constitution, we do, which makes this necessary. That is the advice we have received to date. Where extraterritorial jurisdiction as opposed to universal jurisdiction is exercised, it almost inevitably includes a requirement for dual criminality. Article 7 of the European Convention on Human Rights is of particular relevance as it provides that no person shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. I acknowledge that convention has not yet been fully signed up.

Ireland is involved in a draft Council of European convention on preventing and combating violence against women. Under the terms of this convention the practice of FGM is condemned and it provides that there should not be a dual criminality requirement. The removal of dual criminality from FGM legislation could be revisited if the convention is ratified. Senator Bacik referred to Somalia as a state wherein FGM is not an offence. However, I can assure her that there is a long list of countries wherein it is an offence, including Benin, Burkina Faso, Central African Republic, Chad, Cote d'Ivoire, Djibouti, Egypt, Eritrea, Ethiopia, Ghana, Guinea, Kenya, Mauritania, Niger, Nigeria - a country in respect of which there are serious concerns given we have a number of people from Nigeria living here - Senegal, South Africa, Sudan, Tanzania, Togo, Uganda and Zambia.

I take on board the points raised by Senators Burke and Bacik. We will take another look at the issue. We do not want any loopholes in this law that would allow people who perpetrate this terrible violence against women to have any comfort.