Serious Crime Bill [HL]

Baroness Meacher Excerpts

Tuesday 15th July 2014 Lords Chamber

[Baroness Howarth of Breckland (CB)]

My Lords, I shall speak very briefly as I hope that the Minister will take these amendments away and come back with a combination. I support the noble and learned Baroness, Lady Butler-Sloss, and her companions in their amendment, but I am absolutely with the noble Baroness, Lady Walmsley, and the noble Lord, Lord Ponsonby, in relation to the age of these children.

Some years ago the Social Research Unit at Dartington produced a compendium of all the research about emotional abuse in children. It showed that the development of children who had been emotionally abused was more severely impeded in the long term than the development of those who had been physically abused. This is different from sexual abuse, which is another thing. Children who had experienced physical abuse were more likely to be able to survive and grow through it than those who had been emotionally abused. Those children whose parents had never made a proper emotional contact with them were unlikely to make relationships later. So, in terms of mental health and the economics of the situation, looking after these children, and doing so until they are 18, makes really good sense.

[Baroness Meacher (CB)]

My Lords, I rise to make two small points on Amendment 40BZB, so ably introduced by my noble and learned friend Lady Butler-Sloss. First, I congratulate the Government on clarifying in Clause 62 that psychological effects on children have equal importance to physical effects. As my noble friend has just said, it is also my professional and personal experience that psychological damage to children is often more serious than physical injury—although, of course, it depends on the severity of both. This is an important step forward, albeit not an entirely new one. I know that the legislation has always alluded to psychological or psychological-type abuse. I strongly support Amendment 40BZB and hope very much that the Government will be able to support it, or something very like it. It seems to me that the clarification is altogether helpful.

I welcome proposed subsection (6)(b), which defines the term “wilfully”, and have no worries about it. Further elaboration will no doubt come in regulations. I should be grateful if the Minister would assure the Committee that in those regulations the Government will clarify that a parent with a drug addiction will be regarded as not having the competence to foresee that an act or omission regarding a child would be likely to result in harm, but nonetheless as unreasonably taking that risk. Clearly, if a drug-dependent parent is causing physical or psychological harm to a child, the matter must be dealt with. Again, I hope that regulations will be put in place to ensure that resources for the treatment of the addiction will be put in place and that the parent will be expected to make good use of them in order to avoid continuing damage to a child.

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Moved by

[Baroness Meacher]

40BA: After Clause 63, insert the following new Clause—
“Offence of encouraging or assisting the promotion of the practice of female genital mutilation
(1) The Female Genital Mutilation Act 2003 is amended as follows.
(2) After section 2 (offence of assisting a girl to mutilate her own genitalia), insert—
“2A Offence of encouraging or assisting the promotion of the practice of female genital mutilation
A person is guilty of an offence if he encourages or assists in the promotion of the practice of female genital mutilation.”(3) In section 5 (penalties for offences)—
(a) after “under” insert “sections 2 and 3 of”,(b) at the end insert— “(2) A person guilty of an offence under section 2A is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding seven years or a fine (or both),(b) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both).””

[Baroness Meacher]

The amendment is intended to ensure that anyone encouraging or assisting in the promotion of the practice of female genital mutilation will face an investigation and, if found guilty, a conviction. We propose that the penalty for those offences should be severe: a maximum prison sentence of up to seven years for a conviction on indictment.

Local councils have a role in tackling the issue as a result of their duties to safeguard children and they are well placed to work with the relevant communities in their area where FGM is practised in order to reduce the number of women and girls at risk of that mutilation. It is appalling to contemplate that 20,000 girls and women in this country are currently at risk of being subjected to FGM. Professionals and third-sector experts believe that the practice will be eradicated only through a change in custom and culture in the communities where it happens. We will not do it through individual charges.

We can be encouraged that there are many members of communities with a history of practising FGM who are now willing to make the case against it. However, we also know that there are community and faith leaders who promote and encourage the practice of FGM. This amendment would make it absolutely clear that authorities can, and indeed must, step in to prevent the community and faith leaders perpetuating this practice. The approach of these faith leaders is likely to be through generating pressure on families who might otherwise turn away from FGM for their daughters.

Currently, anyone inciting the carrying out of FGM can be prosecuted for incitement, regardless of whether the underlying substantive offence is committed or attempted, under Sections 44 to 46 of the Serious Crime Act 2007. I understand that the CPS believes that there is no need to create a new offence on the basis that legislation already exists to criminalise incitement. However, the purpose of this amendment is to clarify the law to make it clear that even indirect promotion of FGM by community and religious leaders could be dealt with under the law. It is not difficult to imagine how religious leaders might stop short of incitement but nevertheless through general persuasion and comments as leaders of these communities might indeed lead families to be fearful if they do not comply with the religious standards of their history.

It is relevant to note that the Local Government Association strongly believes that there is a case for this amendment and for bringing the offence of promoting or encouraging FGM into the 2003 Act so that it sits alongside the offence of practising FGM itself. This would help law enforcement officers and legal practitioners with no prior experience of FGM to locate the offence. It is no good if some offence is there if the key people are not aware of it. We know that the Modern Slavery Bill has the similar aim of consolidating and clarifying the relevant legislation. I think it is a very good example to follow.

I hope very much that the Government will agree that this is such an important and yet difficult area of law that our amendment is justified. I beg to move.

[Baroness Butler-Sloss]

My Lords, I had intended to put my name to this amendment, but I am afraid I was rather busy last week and did not in fact remember to do so. I strongly support the noble Baroness, Lady Meacher.

Perhaps noble Lords will permit me to tell a short story. Yesterday evening I was one of eight judges for the “Speak Out” competition for 15 year-olds across the whole of London and Essex. We had 15 brilliant 15 year-olds, and each had to speak between one and three minutes on the subject of their choice. One girl of 15 stood up and talked about female genital mutilation. It was an absolutely brilliant speech. Unfortunately, she did not win, but it was absolutely breathtaking that a 15 year-old could be telling us what we should be doing about it. She was utterly shocked that we were not effective in stopping this happening—this absolutely abhorrent crime, which is hitting so many young girls nowadays in this country because they are being taken to other countries, or even it is being done here.

Anything—absolutely anything—that can encourage the public who are part of this system, or who know about this system, to be reminded that it is a crime should be taken forward. Anyone who might be involved in this in any way, perhaps as a member of a family where one member may be considering taking the girl to Sudan or to South Sudan or wherever else it may be, should now say, “Just be very careful, as this is something that is not acceptable in this country, either for those living here or those coming in or out”.

I do hope that the Minister will see that this has all sorts of values. That is to say that it has the value of actually dealing with the offence of encouraging or assisting the promotion of this abhorrent practice and, secondly, it would send out a powerful message that those who are around those who do it are possibly in danger of criminal offences themselves. I really hope the Government will pick this one up.

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[Baroness Walmsley]

My Lords, it would not be in order for me to say anything about the amendment moved by the noble Baroness, Lady Meacher, as I was not in my place when it was moved. I support the noble Lord, Lord Rosser, in his attempt to get anonymity for the victims of FGM, and I hope the Government will consider it. Indeed, I think there may be a case for going a little further than that, because it could be that there are women within communities who know what is happening who might be more encouraged to come forward and say so if it were guaranteed that they would have anonymity. It is something that needs looking at.

[Baroness Meacher]

The noble Lord, Lord Rosser, introduced his amendment extremely effectively and has said all that needs to be said, but I would hate the Minister to think that there was no support for it. Therefore, I simply say that we need these charges to be investigated and pursued, and if victims are not given anonymity, it seems an impossible task. I hope that the Minister will be able to support the amendment proposed by the noble Lord, Lord Rosser, as well as my amendment.

[Baroness Butler-Sloss]

I also support the amendment proposed by the noble Lord, Lord Rosser. I meant to say so earlier, but forgot.

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[Baroness Williams of Trafford]

My Lords, I commend noble Lords who spoke to the amendments in this group, which show how seriously this House takes the practice of female genital mutilation. These amendments seek, in their different ways, to further our common objective of ending the abhorrent practice of female genital mutilation.

In moving Amendment 40BA, the noble Baroness, Lady Meacher, is, as she explained, seeking to give effect to a recommendation made by the Local Government Association. The association recommended that a specific offence of “inciting and condoning” the practice of female genital mutilation would make it easier to bring cases against those who advocate it, whether they reside in or are visiting the UK. As I hope Clause 64 demonstrates, the Government are open to identifying ways in which the law might be strengthened to help put an end to female genital mutilation and better to protect victims. We are already considering recommendations made by the Director of Public Prosecutions, one of which we will debate shortly, and we are looking carefully at the recent recommendations made by the Home Affairs Select Committee, to which the noble Lord referred. In this instance, however, I hope to persuade the noble Baroness that her proposed amendment is unnecessary as the behaviour that it seeks to criminalise is already covered and can more effectively be punished by existing provisions of the law.

The common-law offence of inciting the commission of another offence was abolished by Section 59 of the Serious Crime Act 2007 with effect from 1 October 2008, and replaced by the provisions in Part 2 of that Act, which I will refer to as the 2007 Act. They are as follows: intentionally encouraging or assisting an offence; encouraging or assisting an offence believing it will be committed; and encouraging or assisting offences believing one or more will be committed. To be convicted of encouraging or assisting an offence, it is not necessary for the anticipated principle offence to take place. In addition to these legislative provisions, if an FGM offence is actually carried out then anyone who aided, abetted, counselled or procured the offence would be liable as an accessory.

We believe that the existing law is sufficient to cover those who encourage or assist the practice of female genital mutilation and those who take part in an offence in a secondary way, whatever their reason for doing so. The offences in Part 2 of the 2007 Act also have extraterritorial application: they can cover those who encourage or assist, wholly or partly from this country, offences of female genital mutilation that they know or believe will be committed abroad.

[Baroness Meacher]

I am sorry to interrupt the Minister but I wonder whether I have understood this correctly. My understanding is that the current law talks about aiding a particular offence of FGM. What we are concerned about is the general promotion by community leaders and faith leaders of this practice. I am not sure whether this is the case, but my feeling is that perhaps the current law does not fully and effectively cover that point.

[Baroness Williams of Trafford]

I think I will get on to that further on. As the noble Baroness said, we need to go beyond the law and think about other aspects of how we stop this happening in our communities. I hope I will answer her question, but if I do not I am sure she will stand up again.

This possibly comes on to it: a person convicted of encouraging, assisting, aiding or abetting an offence is liable to any penalty for which he would be liable on conviction of the principle offence. So a person convicted of encouraging, assisting, aiding or abetting an offence of female genital mutilation would be liable, on conviction on indictment, to imprisonment for up to 14 years. Amendment 40BA, which provides a maximum penalty of seven years’ imprisonment for encouraging or assisting the promotion of the practice of female genital mutilation, would therefore have the effect of reducing by half the maximum penalty currently available for such behaviour.

The noble Baroness is, of course, right that the long-term and systematic eradication of FGM in the UK will require practising communities to abandon the practice themselves. While the criminal law can play a part in this, the recent Home Affairs Select Committee report quite properly also pointed to the need for more effective engagement with communities to persuade them to abandon the practice. To this end, the Government are spending £100,000 on the FGM community engagement initiative. Charities were invited to bid for up to £10,000 to carry out community work to raise awareness of FGM among women who have already been affected by FGM and young girls at risk, as well as men. We are now funding 12 organisations to deliver community engagement activity, and we will continue to work with civil society organisations to examine how we can support and facilitate their engagement with communities in the UK. It is noteworthy that in its report the Home Affairs Select Committee made no recommendation in favour of a new offence of promoting or encouraging FGM.

I now turn to Amendment 40CA. As the noble Lord, Lord Rosser, has explained, this amendment would extend to the victims of FGM the same anonymity that already applies to the alleged victims of many sexual offences.

[Baroness Meacher]

Well, the Minister did say that I could stand up again if she did not answer my point. I was listening very carefully to her words, and they still related to a specific offence of FGM, whereas this amendment is about its general promotion—for example, in a faith leader’s sermon—which is a different thing. I only ask the Minister if she could take this back and consider it. I have said enough, and I do not want to interfere with her answer to noble Lords.

[Baroness Williams of Trafford]

I shall certainly go back and think about what the noble Baroness has said. There is no provision in law for condoning something, and that is what she is suggesting. Perhaps I could clarify it with her further. I apologise if I have not quite answered her question.

Can we now move on to Amendment 40CA from the noble Lord, Lord Rosser? He talked about the same anonymity being applied to victims of FGM that already applies to victims of other sexual offences. This follows a recommendation by the Director of Public Prosecutions. FGM is an offence of a particularly personal and sensitive nature, and the DPP believes that it is important that its victims should know that their identity will be protected if a prosecution takes place. The DPP has argued: that this protection needs to be guaranteed, rather than discretionary; that it should apply from the outset, when an allegation is first made, rather than from the point of charge; and that it should last indefinitely. The director believes that such anonymity would go far to encourage the further reporting of this offence.

These are powerful arguments, and we are considering them carefully. In doing so, we will also take account of the fact that, in its recent report on FGM, the Home Affairs Select Committee endorsed the DPP’s proposal. There are some questions that we need to resolve, but I assure your Lordships that the Government see the force of the argument, and I am confident that they shall shortly be in a position to announce their conclusions.

Going back to the noble Baroness, Lady Meacher, I have just been given an additional note. I will read it out: “Where the general encouragement of FGM related to a specific act, constituting an offence would depend on the circumstances of the case, but we believe such conduct could be covered”. If that still does not answer her question I am happy to write to her. But on the basis of everything I have said, and in the knowledge that we can and should return to this issue on Report, I hope that the noble Lord, Lord Rosser, and the noble Baroness, Lady Meacher, will be content at this stage not to press their amendments.

[Baroness Meacher]

I thank the Minister for her careful response. I hope that the Minister will agree with me that she has not really answered the point. I am grateful, therefore, that she will take this back, and hope that we can perhaps have discussions with Ministers and officials to sort it out. On that basis I withdraw my amendment.

Amendment 40BA withdrawn.