The Advocate-General for Scotland (Lord Keen of Elie) (Con)
My Lords, I thank the noble Lord, Lord Berkeley, for securing today’s debate on this important subject.
FGM is an extremely serious and harmful crime. Its victims deserve to receive support and legal redress. Offenders should be punished and potential perpetrators must be deterred from committing this appalling offence. A conviction for FGM would send a strong message. It would demonstrate unequivocally this country’s absolute intolerance of the practice.
Before I turn to the issue of prosecution and convictions, I wish to say something about the prevalence of FGM in the United Kingdom. The collection of the statistics to which the noble Lord referred was introduced as part of the Department of Health FGM prevention programme and represents the first time these data have been collected across the NHS in England.
As the noble Lord noted, these statistics are providing important information about the prevalence of FGM which can be used to inform the commissioning of services to ensure that victims receive the support they need. The latest figures published on Tuesday show that 1,242 women with FGM were seen by the NHS between January and March of this year. In the detail we can see that the vast majority of these cases are in adults who were both born and underwent FGM overseas. This is consistent with previous reports. As noble Lords will recognise, that means that these crimes are unlikely to be eligible for prosecution under the law in England and Wales. While this may mean that the perpetrators of these acts cannot be brought to justice here, the statistics are helping to ensure that those who have undergone FGM both receive the care they deserve and are educated on the legality and health consequences of FGM.
Of course it is abhorrent that any woman or girl should undergo FGM. Any UK national or resident who carries out, facilitates or allows FGM to happen should be punished accordingly. Indeed, whether or not encouraging FGM could be a criminal offence was mentioned. Of course it could be under the Serious Crime Act. However, we must not underestimate the difficulties in obtaining a conviction. FGM is a hidden crime that is carried out within families and where the victims are often young children. These young girls are understandably reluctant to speak out for fear of the impact that this could have on their family. Even when the crime does come to light, professionals may hesitate to make a report, fearing what the consequences may be for the patient or pupil. There may also be challenges for the police and prosecutors in ensuring sufficient evidence for a crime that may have been carried out many years ago. These are significant barriers but we must do everything we can to overcome them.
To help to do this, last year we strengthened the law through the Serious Crime Act 2015, based on learning from cases referred to the police and the Crown Prosecution Service. Last October we introduced a new mandatory reporting duty which requires regulated health and social care professionals and teachers in England and Wales who identify cases of FGM in girls aged under 18 to report these to the police. This duty gives professionals the confidence to report FGM without hesitation. It should therefore ensure that more cases reach the police so that they can be investigated and ultimately prosecuted.
Fear of reprisal can be a significant barrier, making victims extremely reluctant to engage in the legal process. This is why we have introduced lifelong anonymity for the victims of FGM. We have also widened the scope of the legislation so that extraterritorial jurisdiction extends to habitual as well as permanent UK residents. Furthermore, we have introduced a new offence of failing to protect a girl from the risk of FGM which extends the reach of the law to cover parents or guardians who do not adequately protect their children from undergoing FGM. The Government’s message could not be clearer: FGM is child abuse. There is no excuse for allowing it to happen or for failure to take action when it is uncovered.
Securing prosecutions is important, but at the heart of any case brought to trial is a victim—a victim who has not been protected from harm. The Government are therefore committed to preventing this crime happening in the first place. That is why we introduced the new FGM protection orders to safeguard those at risk. A question was raised as to the number of those orders that have been secured. From their introduction in July 2015 to December 2015, 32 such protection orders were made to protect girls from harm.
It is also important that professionals know how to identify the risk, share information, and have the knowledge and confidence to take appropriate safeguarding action. We have made significant progress in helping to achieve this. Since 2014, more than 30,000 professionals across all agencies have completed the Government’s free FGM e-learning that was referred to earlier. In April of this year we published new multi- agency guidance which we have placed on a statutory footing for the first time. That guidance provides information on prevention, risk and safeguarding, and sets out the expectations on statutory organisations to adequately prepare and support their staff to tackle FGM. So progress is being made.
To further support the response of health professionals, the Department of Health’s £4 million FGM prevention programme is engaging with healthcare professionals across England through roadshows, e-learning, guidance, and awareness-raising materials. As part of this, a new IT system is being introduced across the NHS to allow clinicians to note on a girl’s record that she is potentially at risk of FGM. To ensure that the social care response is as effective as it can be, the Department for Education’s innovation programme has provided up to £2 million of funding to Barnardo’s and the local government associations for the National FGM Centre which is working to improve the social care response.
Ultimately, we will not stop FGM unless we change attitudes. To do that we have to raise awareness and share good practice. In that regard, the Home Office’s FGM unit is carrying out an ongoing programme of outreach across the country. To date, the unit has spoken at more than 80 events. To dispel the myth that FGM is a religious requirement, the Department for Communities and Local Government has secured the signatures of more than 350 faith leaders to a declaration stating that FGM is not condoned by any faith.
The Government are taking this matter extremely seriously, and we are working right across government to strike at the considerable problem that exists due to ignorance, false religious belief, and so on. The Government have taken significant steps forward in our ambition to end FGM within a generation. We know that more work is needed. For example, last December, Her Majesty’s Inspectorate of Constabulary found that the police response to so-called honour-based violence, including FGM, is not as good as it could be. We are working with the police, CPS and others to address this, including as part of wider work to improve the police response to vulnerable people. Progress is being made. Many more brave women are speaking out against FGM and many more professionals are taking action to safeguard and support those affected. We have seen an increase in referrals to the Crown Prosecution Service. Prior to 2010 it had received no cases but since then 22 have been referred, and we are confident that that trend will continue.
With regard to the number of referrals that may result in prosecution, I can only say that they are under consideration for the purposes of further investigation, but it would not be appropriate to cite particular numbers that are the subject of consideration for actual prosecution at this stage. While our aim is for all these changes to help secure a successful series of prosecutions, it is more essential that we prevent FGM happening in the first place, and work ultimately to end the practice altogether.
I turn to points and questions raised by noble Lords and will deal with them as relatively quickly as I can. Indeed, if there is any question that I do not address, and I am reminded of that fact, I will of course be prepared to write. The noble Lord, Lord Berkeley, asked about the steps the police had been taking with regard to reports of FGM. Indeed, the noble Lord, Lord Rosser, cited the example of Bristol. I do not have the figures in respect of Bristol but I have figures of reports for the West Midlands Police—an area where this is a particularly prevalent problem. We know that there has been an increase in the number of reports to the police in the West Midlands in the period from January to November 2014, from about 25 reports in previous years up to 118, so clearly some progress is being made. Of course, we accept that more progress has to be made. As was noted, there is now a lead FGM prosecutor appointed to each CPS area. They have agreed protocols with local police forces, setting out the arrangements for investigation and ultimately the prosecution of FGM cases.
A reference was made to one prosecution. The noble Lord, Lord Patel, said it was the wrong case—I could not possibly comment. It resulted in a not guilty verdict but that is another matter altogether. Eventually, we are beginning to move the rock; we are beginning to get these cases into court and, of course, a successful prosecution would send an important message. However, prosecution is not an end in itself. The practice has to be rooted out, not the punishment.
Reference was made to the fact that some successful prosecutions had been made in France. My noble friend Lord Smith mentioned, I think, the figure of 43; the noble Lord, Lord Patel—I think referring to the EU report on analysis of court cases in 11 countries—gave the figure of 50. I observe that those cases go back to the 1980s and 1990s, so there is quite a history there. As far as I know, there has been only one recent successful prosecution in France of one cutter, but it involved about 18 different children and their parents. However, in response to points raised by the noble Lord, Lord Patel, France has an entirely different system of prosecution and investigation, and, indeed, entirely different systems and standards of evidence. In addition, it has a more or less mandatory system of examination. When it is said that it is not mandatory, in the event of a refusal there is a withdrawal of benefits; we would not contemplate such a mandatory system. We could not have such a wide-ranging system of mandatory examination for all girls. If we then sought to target it, we would face the issue of discrimination. We do not consider that the way forward.
The noble Lord, Lord Patel, also mentioned the Istanbul convention. We have signed the convention, but we have not yet ratified it. There are certain technical issues that we have to address before we proceed to ratification. The noble Lord, Lord Rosser, mentioned the position of Barnado’s and the local authority organisations. As I indicated, we are supporting them financially and liaising with them.
On the question of learning from other jurisdictions, the Home Office’s FGM unit, set up in 2004, leads the Government’s policy on FGM. That includes approaching officials in other countries to share learning and best practice. Indeed, we hosted an EU learning forum, funded by the European Union Commission earlier this year, to address the issues surrounding FGM. A process is going on in Europe to try to learn from those who are perhaps slightly ahead of us.
My noble friend Lord Smith mentioned other forms of violence against women and girls, such as breast ironing. Clearly, that is a form of child abuse. Our cross-government strategy on violence against women and girls, published on 8 March, sets out our approach to these issues. We continue to be concerned with addressing and dealing with them.
The noble Baroness, Lady Finlay, raised the question of further awareness in the approach to the summer vacation. In fact, we have recently pursued further steps on awareness. To raise awareness, we have been carrying out an ongoing programme of outreach to local areas, professionals, and community groups. That has been made available on the GOV.UK website. Furthermore, on 1 April this year the Government published a statutory multiagency guidance on FGM, setting out the expectations on all professionals, including teachers, regarding prevention of this terrible crime.
I will not detain noble Lords further, as I keep being passed notes with “Time” on them. Time is relative, but time has come. If there are questions I have not answered, I am happy to write to noble Lords. I am obliged to your Lordships.