Holly Cairns (Cork South West, Social Democrats)
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1103. To ask the Tánaiste and Minister for Justice and Equality if he will outline the procedures in place to protect girls living in Ireland who are identified as being at risk of female genital mutilation; and if he will make a statement on the matter. [13718/23]

Holly Cairns (Cork South West, Social Democrats)
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1105. To ask the Tánaiste and Minister for Justice and Equality the mechanism that is in place to ensure coordination and cooperation between Government Departments, State agencies and NGOs with respect to addressing female genital mutilation; and if he will make a statement on the matter. [13720/23]

Simon Harris (Wicklow, Fine Gael)
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I propose to take Questions Nos. 1103 and 1105 together.

This Government is committed to combatting all forms of domestic sexual and gender-based violence (DSGBV) and to supporting those who are victims of these terrible crimes. Our whole of Government third national strategy specifically and rightly recognises female genital mutilation (FGM) as a form of DSGBV and contains actions to enhance our response to it.

As the Deputy is no doubt aware, our response to FGM is primarily a health-led response and in September 2012 the then Minister for Health signed the commencement order for the Criminal Justice (Female Genital Mutilation) Act 2012. As the long-title of the Act explains, this important piece of legislation creates an offence of female genital mutilation and provides for other offences related to female genital mutilation for the better protection of girls and women.

I have been informed by my colleague the Minister for Health, that the Health Service Executive's National Social Inclusion Office plays a key role in responding to the health needs of service users from marginalised communities, including those from diverse ethnic, cultural and religious communities. Ireland has two national strategies that outline actions to ensure the healthcare provided is effective, easily accessed and culturally competent.

The Second National Intercultural Health Strategy commits to providing training to increase the knowledge and competence of healthcare providers, in relation to appropriate care and protection for FGM survivors and women and girls at risk nationwide. It also outlines how Ireland should provide appropriate support to survivors of FGM, including counselling and access to specialised health services.

The Third National DSGBV Strategy recognises the need to ensure that all actions aimed at preventing DSGBV, protecting victims, improving prosecutions and coordinating polices should be advanced using an intersectional approach. This will allow for a more holistic understanding of an individual and their positioning in societal hierarchies that seeks to ease binary understandings and account for the complexities of life, especially regarding the needs of more excluded identity groups (that include Travellers, other ethnic minorities, migrants, individuals with disabilities, members of the LGBTQ+ communities and others). An intersectional approach to DSGBV recognises that DSGBV is a problem that requires consideration of all parts of an individual’s identity to ensure equality of outcome for all.

The Strategy commits to put in place special health support services required by victims/survivors of FGM. To fulfil this action, our health service will commence a mapping exercise of current service provision with a view to identifying gaps in the current provision to victims/survivors of FGM. This mapping will include consultation with relevant community support organisations and will include looking at the needs assessment of staff.

Both statutory services and community and voluntary services currently provide support for victims of FGM, this includes care planning, specialised medical care and counselling and sexual and reproductive health outreach.

In addition, under the Strategy there are a number of actions focused at raising public awareness of DSGBV with a view to prevention and with a view to signposting victims and potential victims to help and support. All such campaigns will include a focus on reaching marginalised and harder to reach communities.

Holly Cairns (Cork South West, Social Democrats)
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1104. To ask the Tánaiste and Minister for Justice and Equality if fear, risk or experience of female genital mutilation is considered as a ground for asylum by the International Protection Office, in line with the requirement under the Istanbul Convention on preventing and combatting violence against women and domestic violence to interpret the 1951 Convention Relating to the Status of Refugees in a gender-sensitive manner; and if he will make a statement on the matter. [13719/23]

Simon Harris (Wicklow, Fine Gael)
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The International Protection Office (IPO) of my Department is responsible for examining all international protection applications received. The staff of the IPO (the Chief International Protection Officer and the International Protection Officers) are independent by law in the exercise of their international protection functions.

Under the International Protection Act 2015, each application is assessed individually on its merits. All applicants for international protection are carefully interviewed and their cases are individually assessed by experienced caseworkers. The circumstances of each individual case is assessed having regard to both the subjective elements (the applicant’s own account or personal history) and objective elements (up-to-date information on the applicant’s country or place of origin). The IPO also has specially trained caseworkers to process cases from unaccompanied minors.

An applicant’s gender must be taken into account when assessing persecution. Section 7(2)(f) of the International Protection Act 2015 provides that “acts of a gender-specific or child specific nature” are examples of acts which may amount to persecution. The IPO considers that female genital mutilation (FGM) is persecutory in nature. Gender may determine the form persecution takes and can include inter alia:

-FGM

-Forced/early marriage

-Sexual and gender-based violence

It may also be the reason why a person faces persecution. Section 8(3)(b) of the International Protection Act 2015 provides that: “Gender-related aspects, including gender identity, shall be given due consideration for the purposes of determining membership of a particular social group or identifying a characteristic of such a group”.

Section 28(4)(c) provides that the assessment by an international protection officer of an application shall take into account "the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm."

When assessing applications for international protection involving gender-related persecution, the International Protection Office (IPO) has regard to the UNHCR’s Guidelines on International Protection No. 1: Gender-Related Persecution within the context of Article 1A(2) of the 1951 Convention and/or its 1967 Protocol relating to the Status of Refugees.

The principle of non-refoulement also applies to all decisions made on international protection applications. Under international human rights law, the principle of non-refoulement guarantees that no one should be returned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.

I am satisfied that all international protection applications, including those which cite grounds of a gender-specific nature (such as a fear of FGM), are examined fairly, sensitively and impartially by fully trained caseworkers and contracted panel members in accordance with all relevant UNHCR and European Union Agency for Asylum (EUAA) guidelines and also in accordance with applicable laws and case-law.