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

Lord Goldsmith of Richmond Park Excerpts

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

[Zac Goldsmith (Richmond Park) (Con)]

I beg to move, That the Bill be now read the Third time.

Members will know that this is a private Member’s Bill, so I will start by putting on the record my thanks to the Government and the Under-Secretary of State for Justice, my hon. and learned Friend the Member for South East Cambridgeshire (Lucy Frazer), for giving it Government time and for their broader efforts to help tackle the scourge of FGM and to protect those at risk of it. The Bill has passed through the other place and received cross-party support in its Second Reading Committee a fortnight ago and again last week in Committee, and I put on the record again my thanks to the hon. Member for Ashfield (Gloria De Piero) for her words in Committee and for the cross-party manner in which the issue was tackled.

The Bill was initiated by Cross-Bench peer Lord Berkeley, who became aware of an omission in existing child protection law whereby family courts do not have the power to compel the involvement of a local authority in an interim care order relating to FGM. He decided to act and piloted this simple, two-clause Bill through the other place with passion, clarity and decency, and I am grateful to him. It has been my pleasure to work with the Government to attempt to get the Bill through this place, notwithstanding one or two hurdles earlier on.

I also want to place on the record my thanks to the FGM survivor and extraordinarily effective campaigner, Nimco Ali, who will be known to many Members. She is probably this country’s best-known FGM campaigner, and using every opportunity at her disposal to push the issue right to the top of the political agenda. It was wonderful just three days ago to see on Twitter a picture of her standing in No. 10 next to the Prime Minister. Nimco has taken the issue literally to the heart of Government.

Nimco Ali’s work has extended well beyond what she has achieved in this country. She famously persuaded all three contenders in the 2017 Somaliland presidential election to commit to legislating against FGM, and I do not think that many people thought that she had the slightest chance of succeeding. The election was won by President Muse and, good to his word, he introduced the legislation as soon as he took office. Incidentally, the vote itself was a model election, the first in the world in which iris-recognition technology was used to avoid electoral fraud. In one of the most troubled parts of the planet, we had the extraordinary scene of the contenders shaking hands and accepting the result without any fuss whatsoever—something that we could perhaps learn as we discuss ongoing Brexit problems.

[Simon Hoare (North Dorset) (Con)]

I commend my hon. Friend for his work on this matter. Given Nimco Ali’s great powers of persuasion and advocacy, maybe a role in the Whips Office might be of use as we approach difficult times.

[Zac Goldsmith]

My hon. Friend makes a good point. Nimco is effectively my Whip. Most of what I do in this place in relation to FGM is down to her wagging finger telling me exactly what and what not to do. At a recent event with her, someone described me as “Nimco’s intern”, but it is a great honour to be her intern. She is an extraordinary campaigner, and if I can help her in any way, it is an honour to do so.

Members will be familiar with the horrors of FGM, but I think they bear repeating to remind us why this issue matters so much and why it should matter to everyone here. According to the World Health Organisation, female genital mutilation includes

“all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons.”

FGM is almost always carried out on very young children, rarely by medical professionals and rarely with pain relief.

[Eddie Hughes (Walsall North) (Con)]

My hon. Friend says “very young children” and the information I have read—I do not know whether this is the case—says that FGM is, in some cases, carried out very soon after birth. Has he heard that?

[Zac Goldsmith]

My hon. Friend is absolutely right. I believe that the average age is five, which implies that girls are subjected to FGM at a very, very young age. FGM is a practice that has absolutely no basis in medicine.

[Stephen McPartland (Stevenage) (Con)]

FGM is completely shocking, and it is not something I knew anything about until it was raised up the political spectrum a couple of years ago. The House recently talked about sex and relationships education. Will FGM be a central part of that so that people in this country are educated about what is actually happening?

[Zac Goldsmith]

My hon. Friend raises an important point. Had we been having this debate two weeks ago, I would have said that I hope so. There have been subsequent announcements—I think we had an announcement from the Department for Education on the day the Bill was in Committee—that that is exactly what will happen, with education being introduced at the appropriate level so that children, both boys and girls, know that FGM is a practice we should not tolerate.

[Maggie Throup (Erewash) (Con)]

My hon. Friend describes the horrors of FGM vividly. Does he agree that, in a way, it is a form of child abuse?

[Zac Goldsmith]

I could not agree more vehemently with my hon. Friend. FGM is not just a kind of child abuse; it is child abuse by any definition or metric.

I said earlier that FGM has no basis in medicine and, despite what we are often told, nor does it have any basis in any religion. The practice is often wrongly blamed on Islam—this can particularly be seen on social media—both by extremists who want to justify or, in some cases, even advocate FGM and by others who wish to use FGM as a stick with which to bash the religion itself. In fact, the practice predates Islam, and the Koran neither advocates nor justifies it in any way at all.

The consequences of FGM can be extreme. It can lead to severe pain, excessive bleeding, infection, menstrual problems, pain during sex and childbirth, and deep, long-lasting psychological trauma. In fact, the effects of FGM can, and often do, last for the duration of a person’s life. It is estimated that, around the world, at least 200 million women and girls alive today have undergone FGM. In England and Wales, shockingly, the figure is around 137,000, although not all of them were subjected to FGM in either England or Wales.

I apologise to those of a sensitive nature, but during a recent urgent question on this issue, after the Bill was blocked by my hon. Friend the Member for Christchurch (Sir Christopher Chope), a number of colleagues raised concerns about male circumcision as if there were some kind of comparison between the two. Whatever our views on male circumcision, it must be obvious that it does not compare to FGM. The male equivalent of FGM would not be circumcision; it would be the removal of the entire head of the penis and much of the shaft, too.

[Sarah Champion (Rotherham) (Lab)]

We often hear this argument comparing the two, but male circumcision, in my experience, is rarely, if ever, done to subjugate the boy, whereas FGM is very clearly done to end women’s sexual pleasure.

[Zac Goldsmith]

The hon. Lady is exactly right, and I thank her for her intervention. It is also worth saying that, were a culture to experiment with such an extreme form of male circumcision on a comparable level to what young girls are experiencing around the world, I suspect it would not last more than a single generation, and it certainly would not require legislation and a campaign of the sort that Nimco Ali and her colleagues have waged.

[Mike Wood (Dudley South) (Con)]

Does my hon. Friend agree that such horrendous abuse and its lifelong effects cannot possibly be justified on the basis of cultural practice?

[Zac Goldsmith]

I could not agree more strongly. In fact, partly on the instruction of Nimco Ali, I am co-chair of the all-party parliamentary group on female genital mutilation. Early on, the APPG took evidence from a wide group of people, all of whom had been through different degrees of FGM themselves, and it was clear talking to them that their lives have, in many respects, been defined by what they went through. They were all committed to campaigning to stamp out this practice, and none of them would have any truck with the argument that this is a cultural practice and that it would be insensitive for the British Parliament to try to legislate against it or for the Department for International Development to commit funds to try to prevent the practice.

[Vicky Ford (Chelmsford) (Con)]

I thank my hon. Friend for the huge amount of leadership he has shown on addressing this hideous crime. This is a busy night in British politics, but does he agree that the fact so many of us are present this evening is a real sign that this House says every single action must be taken to rule out this crime in our country?

[Zac Goldsmith]

I could not agree more, and I am grateful to colleagues for being here to take part in this debate. I do not want to jinx it, but I hope this simple Bill will go through without a Division, which makes the presence of so many Members even more valued.

The anti-FGM legislation in the UK is not insubstantial—we have actually done a fair bit. FGM has been illegal here since the Prohibition of Female Circumcision Act 1985, which was replaced by the Female Genital Mutilation Act 2003 that made it illegal to assist someone performing FGM or to commit FGM abroad. The Serious Crime Act 2015 amended the 2003 Act to introduce mandatory reporting of FGM and to create the FGM protection orders that courts can issue to protect girls who have been or may become victims of FGM, which could include, for example, forcing the surrender of a passport to prevent travel abroad.

In addition to those laws, we can collectively be proud that we have taken a lead globally. The UK was the first country in the world to create a dedicated anti-FGM aid programme, with an initial tranche of £35 million pledged in 2013. Only a few weeks ago, my right hon. Friend the Secretary of State for International Development committed a further £50 million, which has yet to be allocated, for the one purpose of helping countries around the world, but mostly in Africa.

[Rachel Maclean (Redditch) (Con)]

My hon. Friend is right to emphasise the international nature of FGM, but does he agree that the Government have committed some £100 million-worth of funding to the ending violence against women and girls strategy in this country, too? We must ramp up these efforts.

[Zac Goldsmith]

I could not agree more, and I am glad my hon. Friend has raised that point. FGM is a form of extreme violence against women and girls.

[Richard Graham (Gloucester) (Con)]

On the issue of young girls being taken abroad to go through the horrific experience of FGM, did my hon. Friend see the article by the campaigner Leyla Hussein in The Sunday Times over the weekend in which she described what happened to her aged seven? Does my hon. Friend think this extraordinary, powerful article is something that should be shared widely among other parliamentarians?

[Zac Goldsmith]

I thank my hon. Friend for bringing that to the House’s attention. I know Leyla relatively well. In fact, she was one of the first people to give evidence to the all-party group, and we have had meetings subsequently. I have not read the article, but I can imagine how powerful it must be given the experience she has been through and given her advocacy on this issue. She is an extraordinarily powerful campaigner.

[Hannah Bardell (Livingston) (SNP)]

I congratulate the hon. Gentleman on the work that he and this Government have done, but does he agree that the Home Office still has work to do on having a joined-up approach? I raised the case of my constituent Lola Ilesanmi on the Floor of the House, as her daughter was under threat of FGM. My constituent’s violent ex-partner was trying to coerce her into going back to Nigeria to have her daughter cut, and the UK Government were unwilling to give her leave to remain. She has had her stay extended, but she still does not have indefinite leave to remain and there is still a threat to her daughter. Does the hon. Gentleman agree that more joined-up working is still required?

--- Later in debate ---

[Zac Goldsmith]

I thank the hon. Lady for her intervention and I agree with it, as this is a cross-cutting issue. A colleague suggested earlier that this should form part of personal, social, health and economic education in this country, which it now will, but it is a Home Office issue and a health issue, too. It covers a lot of different Departments. If there is anything at all that I or the all-party group and my colleagues on it can do to help in the case the hon. Lady has just raised, we are at her service and will do what we can.

Despite the laws we have in place and the injection of funds to campaigning on this issue around the world, clearly there are gaps in the law and the problem has not gone away. In 2016-17, the NHS reported 9,179 cases of FGM, of which 5,391 were newly recorded cases. As hon. Members will know, there has been only one successful prosecution for FGM, after numerous failed attempts; this came to an end last week with a 37-year-old woman being sentenced to 11 years.

[Chris Green (Bolton West) (Con)]

Does my hon. Friend look to the record in France, the approach the French take in dealing with FGM and their success as a source of ideas that we could follow to help cut down on FGM in the UK?

[Zac Goldsmith]

We have looked at that in the all-party group. The French engage in a much more interventionist approach, with, for example, inspections of young girls. Most of the people who have given evidence to our group feel that it would not fit this country; they feel it would be stepping over a line. However, another area where the French have been more robust than we have in this country has been in trying to identify people at risk. Certain people are at risk and others are not. Where someone has not been subjected to FGM and their parents were not either, the likelihood of their going on to subject their own child to it is very small, although it is not zero. In other families where it passes from generation to generation, a newborn girl clearly is at risk. The French are much more robust than we have been in this country on that.

[Johnny Mercer (Plymouth, Moor View) (Con)]

I pay tribute to my hon. Friend and to his work on this, as well as that of our mutual friend Nimco Ali, who has championed this from the start. Does he agree that FGM has little to do with religious or racial sensitivities, and is straight-up child abuse and should be called out as such? Does he welcome the first successful prosecution of someone for FGM in this country only two weeks ago, the length of the sentence and the deterrent it can be in some of our communities, where some people will feel that there is no point reporting this because it will not be prosecuted? Does he agree that the length of the sentence sends a message and is encouraging in this fight against FGM?

[Zac Goldsmith]

I strongly agree with my hon. Friend on that. Indeed, I am going to take this opportunity to quote from what was said in response to the conviction by the National Police Chiefs Council lead on FGM, Commander Ivan Balhatchet:

“Female genital mutilation is a barbaric and violent crime—a violation of human rights—often with lifelong consequences, committed by the people children should be able to trust the most.”

He continued:

“Today’s sentencing will act as a deterrent and a warning that our society will not accept this child abuse, but prosecutions alone will not solve this problem.”

[Richard Benyon (Newbury) (Con)]

Does my hon. Friend’s work on the all-party group and with campaigners reveal a reluctance on this among groups of people to whom children are presented, for whatever reason? We are all familiar in our constituencies with what happens when a child is discovered to have bruising or possible signs of maltreatment. Following cases such as that of Victoria Climbié, there is almost a lurch in the other direction to immediately assume that there is a child abuse problem, but perhaps that has not happened enough in respect of FGM. Is he confident that legislation such as this is going to make it increasingly easy for those cases to be presented as child abuse?

[Zac Goldsmith]

I thank my right hon. Friend for his intervention. I cannot give him a scientific answer, but I can tell him that the evidence the all-party group received from those people who have been through FGM absolutely concurs with what he has just said: there are parts of the establishment and social services, and people within the education system, who are very nervous indeed about pointing the finger on FGM. There is a concern about trampling on cultural sensitivities. The view of the people we talked to, like my view and, I suspect, that of many in the House today, is that those sensitivities should be pushed to one side. This is a very direct form of child abuse; child abuse is child abuse, and it is our responsibility as adults and the authorities to stamp it out at every opportunity. That message has been unambiguous, in all the evidence we have taken from those people who have been through FGM.

[Bob Stewart (Beckenham) (Con)]

I wonder how we can convince people who think this barbaric practice is decent, such as the families involved, that it is not. How do we get to those families? Does the all-party group have any answer as to how we stop mothers and fathers taking their children and allowing this sort of thing to happen?

[Zac Goldsmith]

I thank my hon. Friend for his intervention. I know, because the evidence shows, that a shift is happening. I mentioned Nimco Ali’s campaign in Somaliland. It is not one where she is having to bash her head against a brick wall. Every member of the newly elected Somaliland Government is on board in a mission to eradicate FGM. In Hargeisa, the capital, huge posters have been put up and paid for by government, although they were designed by the campaign groups at the grassroots, telling people that FGM is not only illegal but unethical and immoral, and without any basis whatsoever in religion—this could not be clearer. I realise I did not answer an earlier intervention on that point.

Nimco is not the only person who has that kind of electrifying impact in individual countries. Another such person is Jaha Dukureh, who was originally from the Gambia, moved to New York and then went back to the Gambia. Like Nimco, she persuaded the Government not only to legislate against FGM, but to put resources into those people at the grassroots who are campaigning to change hearts and minds. By all accounts, she is succeeding on an extraordinary scale. I am going to come to this a little later when I wrap up, but there is such an important role for the Department for International Development to play. We can be proud of what we have done, but we have to make sure the next raft of money, the £50 million that has been pledged, is invested in the right groups and the right campaigns.

[Hannah Bardell]

The hon. Gentleman mentions the Gambia. A friend of mine was, unfortunately, forced to move back there, having done a lot of work in Scotland on FGM and having helped to co-ordinate the FGM strategy in Scotland. She has now set up an NGO called Women in Liberation and Leadership, and she is supporting a young woman called Binta—that is not her real name, because we are trying to protect her—who was subjected to FGM, was raped by an older man, and has been subjected to terrible persecution by her own family and been cast out by them. We are now raising funds to try to get her into a safe house. Does the hon. Gentleman think that she is the kind of person we could do more to support and more to reach out to?

[Zac Goldsmith]

I absolutely do, and I strongly encourage the hon. Lady to link her friend up with Jaha, who is now a high-profile and significant figure in the Gambia. She is one of the world’s most important FGM campaigners. Indeed, she was nominated for the Nobel prize last year. Again, I would be happy to talk about that after this sitting, to see whether I can do something to link the hon. Lady’s friend up with the right people.

Clearly, there is more to be done, both here and abroad, but this Bill is part of that. I am not going to pretend that it will stop FGM—it will not—but it does provide another potentially crucial legal tool in the fight against it. I want to explain briefly what the Bill does and why it matters. First, let me point out that it has just two clauses, the second of which provides only for the Bill’s extent, commencement and short title. I therefore wish to focus on the first clause, which is the only substantive one.

At present, the Children Act 1989 allows courts to make an interim care order—an instruction to a local authority to share parental responsibility for a child. Such an order can last up to eight weeks and it can be renewed, but that can be done only if there is a belief that the child in question is suffering or is likely to suffer significant harm. The local authority would then be part of any decisions relating to where the child should live or how their welfare should be maintained. I do not think anyone would argue that a girl who has undergone or is likely to undergo FGM is not suffering or likely to suffer significant harm, but the 1989 Act does not currently allow interim care orders to be issued for FGM. A court may only direct an interim care order to be made in “family proceedings”. Section 8 of that Act defines what is meant by “family proceedings” for the purposes of the Act. It contains various statutes relating to domestic violence, forced marriage and so on, but it does not include proceedings under the Female Genital Mutilation Act 2003. The effect of that is that it is not open to a judge to issue an interim care order for FGM. Clearly, that is an omission in law—I do not think this is deliberate—but it means that our courts do not have the full suite of powers that they need to protect girls who are at risk.

As Lord Berkeley pointed out when he introduced the Bill in the other place, that means that although a family court can protect a girl who is at risk of forced marriage or domestic abuse, it cannot protect a girl who is at risk of FGM. That needs to change. David Maddison, the family lawyer who raised this issue with Lord Berkeley, has pointed out that this is not an academic or abstract concern; it is a practical one. There have been occasions when the police have sought an FGM protection order in the family court and the judge has wanted to employ the powers of the local authority in an order but has not been able to. The Bill will grant the power that has been missing.

All the Bill does is to insert the proceedings for FGM protection orders from the 2003 Act in the section of the 1989 Act that defines which family proceedings constitute grounds for an interim care order to be made. To be clear, it inserts that part of the 2003 Act that relates to FGM protection orders in section 8 of the 1989 Act. That makes FGM a family proceeding for the purpose of issuing care orders under the 1989 Act. I hope the House agrees that this is a simple and uncontentious change. If the Bill passes, it is unlikely to lead to the issuing of a huge number of new care orders—they are rarely used—but it is important that judges have all the power we can give them to protect girls who are at risk. Currently, that is simply not the case.

I have no doubt that when some Members speak they will argue that the Bill is not enough to stop FGM entirely. I am not going to argue with that. Those Members are right that we need better support, particularly mental health support, for survivors. We need better education so that girls and boys grow up knowing that FGM is wrong. We need to get better at identifying at-risk girls, as in France where they do it better than we do.

[Alex Chalk (Cheltenham) (Con)]

I pay tribute to my hon. Friend, who is making such a powerful speech. He mentioned the important role of education, and it is of course about education not only in the UK but internationally. On this Commonwealth Day, will he pay tribute to the work of the Commonwealth and the Department for International Development in ensuring that education is really having an impact worldwide?

[Zac Goldsmith]

That is the very next point I was going to make, so I thank my hon. Friend for his intervention. I have said it twice already but I shall say it a third time: I am proud of the work that the Department for International Development does. It is a Department that is often hammered by our newspapers, but it does really important work. The £35 million that it has already spent has changed lives and saved lives, and if the £50 million that has been committed is spent properly—I am sure it will be—it will go on to save lives as well.

I mentioned Nimco’s work; I do not want to embarrass her, but I know that the amount of money that it took to get her to Somaliland to do the work that she did was so small as to barely qualify as a DFID grant. I know that the work of Jaha, whom I mentioned earlier, in the Gambia has cost so little that it would only just register or qualify as a DFID grant. There are so many people like that out there who could do with the kind of support that DFID can provide.

My hon. and learned Friend the Minister provided lots of reassurances when she spoke in Committee about what the Government are doing and how committed they are to tackling FGM. I do not know whether protocol means she will have the opportunity to repeat those reassurances later—

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

indicated assent.

[Zac Goldsmith]

I see her nodding her head, so she will. I look forward to that.

If this tiny, uncontentious Bill protects just a handful of girls from undergoing the horror of FGM, we will have done something worth while and important in passing it into law. I close my speech simply by thanking all Members present for their support, which I hope the Bill will get at the end of the day. I particularly thank the Clerks, the Whips Office and the Ministry of Justice Bill team, who have been so helpful in getting us to this point. Finally, I thank Lord Berkeley again for winning the arguments next door and handing us a Bill in such good order.

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[Mrs Miller]

The hon. Lady raises an important point about specialist provision and resources. I hope that the Ministers on the Front Bench will take that point away and consider how we can ensure that very specialist resources are available to local authorities, because it will be difficult for them to have that sort of expertise in-house. The hon. Lady makes an extremely valuable point, as somebody who has campaigned vigorously and with incredible compassion on these issues.

I want to underline the important role of the Department for International Development, which other Members have referred to in interventions. We should be proud that our country is the first country to have a dedicated anti-FGM programme, working across the globe. It is important for the House to underline that the Department has supported 8,000 communities to abandon, or campaign to abandon, FGM.

The Government have supported the Girl Generation programme—the largest ever global work on the issue, with over 900 organisations working to end FGM. The work that is happening outside the UK is not only important for women in those countries, although that would be justification enough to do the work; it is also invaluable in underlining the human rights of those women in their own countries. Last but by no means least, this work helps to change attitudes that can still influence communities in the UK. The importance of DFID’s work has to be acknowledged. Those who may be naysayers about our contribution to this global world should reflect a little on their views when they consider how this work can so enormously change the lives of millions of women across the world.

This is not a debate in which we will be thinking about internal processes too much, but it would not be right not to point out at least that the reason that we are here today is because of our private Members’ Bills system, whereby an individual Member—quite unrepresentative of the majority feeling of the House—can block a Bill. This is not just a Bill that will do something very small and day to day; it is so important to women’s lives. The whole House has to acknowledge that the need for reform of our private Members’ Bills system is long overdue, and we need to find a way of giving priority to that reform of this place. If we do not, we continue to run the risk of this House being brought into disrepute by individual Members exercising what might be a very principled point of view on the procedure of this place—although I am not sure that this particular objection was as principled as that. We need to acknowledge that this place can look prehistoric from the outside. If we are going to regain the trust of people in Parliament, this sort of reform has to be given priority at some point in the parliamentary calendar.

[Zac Goldsmith]

I could not agree more strongly with my right hon. Friend on the need to reform the process. Does she agree that this kind of small, technical amendment—which is effectively what this Bill is—is exactly where the PMB comes into its own, because there is no natural legislative hook on which the Government can hang it?

[Mrs Miller]

My hon. Friend is absolutely right. If we are going to have a Parliament that works correctly, not just in a post-Brexit world—which is probably more of a challenge than we are thinking about at the moment—but in a modern, transparent and media-literate world, we have to look carefully at the way in which our systems work to enable Members to make such small but important changes in a timely manner, without the need to go through the parliamentary procedures that this Bill has had to go through simply because of the views of one individual.

I very much wish this Bill well. It is a great example of making good legislation even more effective. It will amend the Children Act 1989 to make female genital mutilation protection orders available, and to ensure that we can protect more children who find themselves in a situation where the adults around them may not have their best interests at heart, and who may be at risk of this appalling practice. This Bill should receive support from every single Member in the House.