Seanad debates

Wednesday, 26 October 2016

Commencement Matters

Female Genital Mutilation

10:30 am

Photo of Ivana BacikIvana Bacik (Independent)
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I welcome the Minister of State and am delighted that she is responding to this issue. I raised it with her at the UNFPA launch last Friday. In light of recent media reports that an act of female genital mutilation, FGM, was reported to the HSE and the Garda in September, will the Minister of State say how many cases of FGM have been reported to the Garda since the enactment of the Criminal Justice (Female Genital Mutilation) Act 2012? What supports are provided to agencies such as AkiDwA that are working to prevent the incidence of FGM in the community and will the Government sign up to the second national action plan on FGM?

I will give a brief background. As the Minister of State is aware, FGM is the horrific practice of the cutting or removing of female genitalia, usually carried out on very young girls aged between four and ten years. It leads to appalling health consequences for those girls, and in some cases death. It is widespread in some countries and communities worldwide. It is estimated that 200 million women and girls across 30 countries have been subjected to this appalling mutilation. Girls in communities from those countries living in other countries are also at risk. The school holidays are a time when girls are at particular risk. It is sometimes known as the cutting season, when girls are taken abroad from developed countries to their countries of origin, including Somalia, Nigeria, Malaysia, Kenya and Egypt.

In Ireland, this matter was brought to my attention by AkiDwA, an NGO of women working with women from other communities, particularly African communities, in Ireland. It estimates that between 3,000 and 5,000 girls and women in Ireland have been subjected to FGM and that more are at risk. In April 2010, and at its insistence, I introduced the Criminal Justice (Female Genital Mutilation) Bill, which was subsequently accepted by the Government and became law in September 2012. It carries significant criminal penalties not only for the act of FGM in Ireland, but for taking girls abroad for FGM. We were always conscious of the importance of the Act being used as an advocacy tool, one that would enable and support organisations like AkiDwA to work with communities to raise awareness about the horrific nature of the practice and to prevent its incidence. AkiDwA and ActionAid are working on an interesting project in Cork to raise awareness among particular communities.

We were all concerned to hear in September of an awful case that was reported in the media apparently involving a baby girl of only 21 months on whom FGM had been carried out in Dublin. A man has been arrested and I understand from information in the public domain that the file is with the DPP. I also understand that the HSE is involved.

In light of this awful revelation, AkiDwA and ActionAid have asked me to ask the Tánaiste and Minister for Justice and Equality how many cases have been reported to the Garda and what supports will be provided to organisations like AkiDwA, which is working hard to ensure that this does not happen. AkiDwA is concerned that there is little awareness among particular communities of the existence of the offence, the nature of the legislation and the powers of the Garda and HSE under same. It is positive that a case was reported to the Garda, but it is awful and distressing to learn that this practice is still being carried out in 2016 on girls living in Ireland. It is appalling for babies. As a mother, and just as anyone else would, I find it an horrific matter of deep concern. What can we do about this in practical terms?

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Offaly, Fine Gael)
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I thank Senator Bacik for raising this issue and giving me an opportunity to speak on it.It is only through speaking in public about these matters that we can shine a spotlight on an appalling act that, as the Senator has said, is carried out in this country.

Female genital mutilation, FGM, is universally recognised as a form of gender-based violence and a fundamental violation of the human rights of women and girls. As the Senator is aware and has referred to in her statement, the Criminal Justice (Female Genital Mutilation) Act 2012 provides for the creation of an offence of female genital mutilation and other offences relating to female genital mutilation. The Act explicitly prohibits FGM along with related offences, some of which apply to certain extra-territorial jurisdictions. The Act also makes it an offence to remove a girl from the State for the purpose of FGM. The legislation takes a human rights perspective and stipulates that the right to practise one's cultural traditions and beliefs cannot be used to justify FGM. A defence of custom or ritual in proceedings is not permitted nor is a defence that the girl or woman or her parent or guardian consented to FGM.

The Central Statistics Office records crime statistics. The Irish crime classification system is based on the Garda PULSE incident types. Statistics on the offence of FGM are not identifiable in the Central Statistics Office data as the offence specified may be classified as one of several serious incident types, such as assault causing harm or sexual offences.

The HSE's national social inclusion office provides annual funding of approximately €70,000 to the non-governmental organisation, AkiDwA, towards the provision of information and awareness activities on FGM. AkiDwA works closely with at risk communities. It also has a role in identifying and alerting the relevant authorities when suspected persons may possibly be seeking FGM procedures.

Additional input and funding has been provided to AkiDwA by the HSE in respect of the development and printing of the first and second editions of a resource for health professionals and relevant staff in maternity and associated settings. This pack, entitled Female Genital Mutilation: Information for Health Professionals working in Ireland, has proved to be a very useful resource. It has been circulated across a range of settings. The HSE also funds a specialist clinic operated by the Irish Family Planning Association for girls and women who have undergone FGM.

Although there is no specific training related to dealing with FGM, there is a widening knowledge base on the issue, and health professionals are responding. Victims of FGM will receive medical attention once a situation comes to the attention of the authorities. I can also inform the Senator that the HSE is committed to the development of a second national intercultural health strategy. Addressing FGM will be clearly referenced in the strategy.

While reported incidents of FGM in Ireland are rare, even one such incident is a matter of grave concern. The Department of Health and the HSE will continue to work with other relevant Government agencies and AkiDwA to improve health outcomes for vulnerable groups and to respond to this form of gender-based violence which we never thought we would have to deal with in our society.

Photo of Ivana BacikIvana Bacik (Independent)
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I thank the Minister of State for her reply, in particular for acknowledging the work of AkiDwA and the Irish Family Planning Association. I was at the launch of the specialist clinic, which was very important.

I wish to make three brief points in response. First, I am aware of the difficulty with crime statistics, and AkiDwA has raised the matter with me. We need to change the way crime statistics are reported to ensure we can identify how many instances of FGM are reported in any one year. I ask the Minister of State to follow up the matter with the Central Statistics Office and the Garda and I will do so as well. It is unacceptable that we do not know how many cases of FGM there are and that we are reliant on media reports.

Second, the funding the Minister of State pointed out is provided to AkiDwA is a very small amount. Given that, as the Minister of State acknowledged, there is no specific training relating to dealing with FGM, there is a real need for more resources to be provided to organisations like AkiDwA, particularly to enable them to engage not only in community education but also the education and training of health professionals and front-line workers, especially in the HSE and Garda to which reports of FGM will be made. I ask that the Minister of State might consider further resourcing AkiDwA.

Third, I am glad that the HSE will develop a second national intercultural health strategy that will include a reference to FGM. We also need a second national action plan on FGM. That is the sort of focus we need to ensure this practice does not happen again in Ireland.

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Offaly, Fine Gael)
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I thank the Senator. It is recognised that the HSE has a good relationship with AkiDwA because it has the expertise to assist in dealing with this horrific practice.

The way crime statistics are reported is certainly something that will have to be explored. As I outlined earlier, if incidents occur, they are classified under other specific titles. We will have to examine how FGM is recorded. Is it because of legislation from the Department of Justice and Equality? Is it through the way An Garda Síochána report it? Is it the way the Central Statistics Office records the offence? We must establish where change needs to be made. I concur with the Senator about the matter. She can rest assured that I will pursue the matter and see what we can achieve in terms of ensuring this awful and horrendous crime is accurately reported.

Sitting suspended at 11.25 a.m. and resumed at 11.30 a.m.