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

Michael Tomlinson Excerpts

Second Reading Committee debate: House of Commons
Monday 25th February 2019 General Committees

[Michael Tomlinson (Mid Dorset and North Poole) (Con)]

It is a great pleasure to serve under your chairmanship, Mr McCabe—our paths seem to cross quite frequently when considering private Members’ Bills, and it is always a pleasure.

I wholeheartedly support the Bill. I congratulate my hon. Friend the Member for Richmond Park on his persistence and determination in ensuring that it reaches Second Reading. I am pleased to see the Minister in her place and welcome her. I was one of a very few Members who were in the Chamber when the Bill was objected to. The disgust and disappointment on both sides of the House when the Bill was blocked were clear. I made a point of encouraging the Minister, when an urgent question was brought on 11 February, to bring forward the Bill as quickly as possible. I am grateful that she has responded. I shall not delay the Committee long, but I want to raise two questions and thought that it would be easier to do so in a short speech, rather than through interventions.

First, how many cases before the family courts does the Minister anticipate will be directly affected by the Bill? My hon. Friend the Member for Richmond Park mentioned that around 137,000 women and girls in this country have been affected by FGM. Will the Minister anticipate how many of those cases may go before the family courts?

[Craig Tracey (North Warwickshire) (Con)]

I congratulate my hon. Friend the Member for Richmond Park on bringing forward the Bill. My hon. Friend the Member for Mid Dorset and North Poole is right to raise the number of cases involved. He served, as I did, as a Parliamentary Private Secretary in the Department for International Development. Will he join me in welcoming the fact that although the Bill will help relatively low numbers of people in this country, DFID’s work around the world since 2013 has helped millions of women avoid FGM? There has also been more education around the world, thanks to the Department’s excellent work.

[Michael Tomlinson]

I am grateful to my hon. Friend for that intervention, not least because I look back fondly on my stint as a PPS in the Department for International Development—a wonderful Department that does much good across the world. The matter that we are considering is a good example of the work it does, and we should all be proud of it. Whenever I am challenged about why we spend money on foreign aid, I say that we should be proud to stand up and say exactly what we do—which in this case has been to help millions of girls across the world. I am grateful to my hon. Friend, and indeed to my hon. Friend the Member for Richmond Park, who also mentioned DFID’s work.

My second question arises from the fact that we have heard from several Members that there has been only one successful prosecution. I may be going slightly broader than the Minister’s remit this afternoon, but I still want to challenge her on what more can be done, within the ambit of the Bill or otherwise, to ensure that there will be successful prosecutions whenever FGM is carried out in this country.

The Bill clearly makes a technical amendment to the law, but I like to think that it is achieving something more than that, because we are debating it in Parliament and highlighting the issue. That is important in itself.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Justice (Lucy Frazer)]

It is a pleasure to serve under your chairmanship, Mr McCabe.

I thank my hon. Friend the Member for Richmond Park for his support for the Bill, for sponsoring it through the House and for his commitment to protecting young women. Like him, I also pay tribute to Nimco Ali for her campaigning in this important sphere, and recognise the work of Lord Berkeley in bringing the Bill forward.

As others have said, female genital mutilation is a barbaric and illegal act. Many have referred to the effects of FGM; I will repeat them and refer to the leading judgment of Lady Hale in the Supreme Court case, where the question was whether the risk of FGM amounted to persecution. She held that it did, and in coming to that conclusion, she stated that the procedures

“are irreversible and…last a life time. They are usually performed by traditional practitioners using crude instruments and without anaesthetic. Immediate complications include severe pain, shock, haemorrhage, tetanus or sepsis, urine retention, ulceration... Long term consequences include…urinary incontinence…and sexual dysfunction… It is likely that the risks of maternal death and stillbirth are greatly increased”.

The Bill before this Committee is designed to further protect victims of this horrific practice. The Bill ensures that, if a local authority wishes to bring a care or supervision order in relation to a child at risk of significant harm, it can do so during proceedings for an FGM protection order, avoiding the need for separate applications and potential delay. This change in the process, which is the sole purpose of this Bill, is an obvious and uncontroversial remedy for this small gap in the law and will supplement the measures that this Government have brought forward to tackle FGM.

The hon. Member for Swansea East and my hon. Friend the Member for Mid Dorset and North Poole rightly highlighted the lack of prosecutions in this area. They are right to state that we must do what we can to increase prosecutions so that more people can be brought to justice for this horrific act, but, as the hon. Member for Ashfield rightly identified, one of the difficulties in bringing people to justice is that this act is committed within families. Another difficulty relates to the age of the victims, who cannot speak out when they are so young. This is an issue that affects not just this country; there have been only a small number of prosecutions across many countries in Europe.

[Michael Tomlinson]

The Minister is absolutely right when it comes to evidence, but are there any lessons that we can learn from jurisdictions abroad, even though there are equally small numbers of prosecutions in Europe? What more can we learn? What more can we do to ensure that of these 135,000 victims, more than just one case is prosecuted in this country?

[Lucy Frazer]

That is an important point and a challenge; I am sure the Crown Prosecution Service is looking closely at that. Others have made the broader point about education and the hon. Member for Ashfield has challenged the Government on what more we can do. Like my hon. Friend the Member for Richmond Park, I am very pleased that today the Department for Education has announced that education on the issue of female genital mutilation will take place in schools.

My hon. Friend the Member for Mid Dorset and North Poole also asked about how many cases will come before the court in respect of this private Member’s Bill. I answer honestly that we do not expect the number to be large. We cannot say with exact precision how many there will be, but, as others have said, if by some small amendment we can protect any women at all—whether that number is large or small—from the horrific consequences that many hon. Members have outlined, we should do so. Given the impacts, that is what we are doing through our support of this legislation.

Finally, I thank hon. Members from across the Committee for the united and consensual way in which we are proceeding with this legislation. This is the second Bill that I have had the honour of taking through this Parliament with cross-party support, and I see many hon. Members here who were party to the other proceedings on upskirting. These are examples of the Houses of Parliament at their finest, where we identify issues that affect people and bring them forward, plugging gaps in the law, in a cross-party, consensual way. I am privileged yet again to be part of this very important measure. I would also like to mention the contributions by my hon. Friends the Members for Erewash and for Faversham and Mid Kent. Finally, I am pleased to say that I and the Government support this Bill and commend the motion that the Bill be allowed to proceed to Second Reading.