David Cullinane (Sinn Fein)

I thank the Minister for his support for the passage of the Bill and for the Government amendments. I again thank Senator Bacik for instigating the Bill and thank all parties, including my own, for their support in its passage.

I will make several general points. We should all be mindful of the importance of enforcement and of ensuring the laws which are enacted upon the passing of this Bill are effective and comprehensive, and that the resources are available to ensure those laws can be implemented. If the legislation is to be effective, resources are important and I hope the Minister will be mindful of this.

It is important that we keep this legislation under review. While the Bill has just been passed and we hope it will have the intended effect, a number of concerns have been raised. Senator Bacik referred to AkiDwA and I will highlight some of the concerns it raised. One of the issues for AkiDwA concerned the defence or protection of mental health, which could conceivably be used not merely for surgical or cosmetic purposes but for the defence of the act of mutilation itself. The Minister will appreciate it is important that it be clarified that no such defence could be offered and that the legislation is robust enough to ensure that such a defence could not be used. It is important that we tighten whatever potential loopholes may exist and I hope the Minister will clarify this point.

I am aware of concerns in regard to the offence of aiding and abetting and the possibility that this may cover all instances of coercion that could occur. Coercion is a significant issue in the context of FGM. I am sure the Minister will agree it is important that the legislation offers as complete a protection as is possible in regard to the possibility of coercion, and that this possibility should remain under review and should be taken into consideration by the Minister. I am sure the Minister is mindful of the concerns raised by AkiDwA and other civil society groups which have been campaigning on this issue.

The laws we are passing are robust enough. The Bill gives a clear commitment by the State, its people and its public representatives that we will not tolerate this act and that the laws should be robust enough to defend people against these kinds of acts taking place. I appeal to the Minister to ensure that all of the health issues, both physical and psychological, which affect women who have undergone these acts are met by the Department of Health.

The issue of direct provision was raised at the previous sitting and it is an issue the House could revisit. I have serious concerns about the whole process of how we treat asylum seekers. We are dealing here with vulnerable women and serious concerns have been expressed by those who advocate on behalf of immigrants that the direct provision centres can create an "out of sight, out of mind" attitude. This should not be the case. The issues should be very much in mind and we should be mindful of any violence which may be perpetrated against anybody in these centres by members of their own community or anybody else. I hope the Minister will reflect on this point. I ask that the required health services are available to women who are victims of this act as a matter of priority.