Children Act 1989 (Amendment) (Female Genital Mutilation) Bill [Lords]

David Simpson Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Monday 11th March 2019 Commons Chamber

[Dr Johnson]

I thank the hon. Gentleman for his intervention. He is absolutely right, and I will say more about that later in my speech.

Given how barbaric this practice is, it is surprising how common it is, with more than 200 million women in the world said to be affected by it. Recent statistics show that 150 British-born women were identified by NHS Digital as having had the procedure, and that 85 of them had had it here in the United Kingdom. It is estimated that around 130,000 women in the UK are at risk, and 1,000 new cases have been identified by the NHS this year.

While researching for this debate, I read about the case last month of the first person to be convicted of FGM in this country. It involved a mother who was found guilty of FGM. Her daughter was only three years old. That young girl was pinned down in her north London home and had her genitals cut and partly removed. Her mother claimed that this had been due to her falling on to a cupboard door. In my work as a paediatrician, I have heard some tall stories about how injuries to children might have occurred, but it was clear that the jury did not believe the woman in that case.

Children of that age do not have enough strength to escape the knife or to escape their attackers. That is why we need laws to protect these vulnerable children from a harm that is sadly often perpetrated by those who are closest to them and who should be protecting them the most. I am proud that the UK is a world leader in introducing legislation in this area. Since the passing of the Prohibition of Female Circumcision Act 1985, it has been illegal to mutilate the clitoris or the labia, or to help someone to do that.

The Government improved things further in 2003. Recognising that girls and women were being taken abroad for these procedures, they increased the territorial reach of the legislation so that UK nationals or UK permanent residents taking someone overseas or allowing or helping the procedure to happen overseas would also be guilty of a crime. This was widened further in 2015 to ensure that people who failed to prevent the procedure from happening were also guilty of a crime, and to provide anonymity for victims. The FGM protection order was also created at that time.

Updating these laws is a continuous process to ensure that children are protected. It is right that we have strong sentences of up to 14 years for those found guilty of FGM and up to seven years for failing to protect a child from it, but it has been difficult to get convictions. We need to look further into the reasons for that, and particularly, as the hon. Member for Strangford (Jim Shannon) says, into how we can change the culture in society so that FGM does not happen in the first place.

So what does the Bill do? It puts in place a crucial amendment to the Children Act 1989 that adds children’s powers into family proceedings. The Act gave powers to the courts to impose an interim care order, a care order, an interim supervision order or a supervision order. What do these orders do? Essentially, they allow the courts to share parental responsibility and allow local authorities to take children into care. The test that is applied is that there should be reasonable grounds to believe that the child has suffered or is at risk of suffering significant harm. I do not think that any Member in the House would doubt that the risk of FGM would meet that threshold. At the moment, however, if an FGM protection order is being applied for and there is also a desire to apply for an interim care order, they need to be applied for separately, which takes time and creates increased procedure. The Bill will ensure that both can be dealt with in a single process.

[David Simpson (Upper Bann) (DUP)]

I know that the hon. Lady has a great deal of experience in the medical profession. Does she agree that FGM is nothing but pure cruelty to young children, and that any parent allowing it, no matter what their culture is, should face the full rigour of the law?

[Dr Johnson]

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