Female Genital Mutilation

Lord Rosser Excerpts

Thursday 9th June 2016 Lords Chamber

[Lord Rosser (Lab)]

The noble Lord, Lord Berkeley of Knighton, has raised a seemingly simple and straightforward issue: namely, the contrast between the number of reported cases of female genital mutilation and the lack of successful prosecutions. The reason for that cannot be a lack of legislation—although how effective it is proving may be another matter—with the Prohibition of Female Circumcision Act 1985, the Female Genital Mutilation Act 2003 and, finally, the Serious Crime Act 2015, which extended the reach of the previous Acts including through mandatory reporting and enabling authorities, in respect of future offences, to prosecute parents for failing to protect their daughters regardless of whether the daughters have named them as complicit in their FGM. We await to see whether the Government agree that there is a problem and, if so, to what they attribute that difficulty.

Others have already highlighted potential reasons for the lack of successful prosecutions, including the National FGM Centre, which is a partnership between Barnardo’s and the Local Government Association. In the past year, the centre has provided specialist social care provision in six local authorities considered to have “low prevalence” of FGM. Despite this, the centre worked on 71 cases involving 70 women and 95 girls at risk of or affected by FGM. The centre says that a significant barrier to successful prosecutions is insufficient communication between professionals, particularly those working in health and social care. Although health professionals are under a duty to record cases of FGM, the centre says that the data show that only 17 GP practices produced any records at all in the last quarter of 2015.

The National FGM Centre goes on to say that low confidence among education professionals in asking sensitive questions and assessing risk also results in limited referrals to social care from education, and that when they do happen they often contain insufficient information to be processed by social care. It goes on to say that a number of social care professionals still feel uncomfortable in assessing FGM risk or using the tools available to them such as medical checks or FGM protection orders, with this being especially the case, once again, in “low prevalence areas”.

Barnardo’s has set out a number of recommendations for increasing the number of successful prosecutions, including more specialist training for front-line professionals, better information systems between key agencies, compliance with recording and reporting requirements by all professionals, specialist social care provision and lesson plans on FGM in schools.

The Local Government Association has also sent a briefing, setting out its views on the issue of prosecutions raised in this debate. It says that more than 125,000 women in England and Wales are estimated to be living with the consequences of FGM, and there are 60,000 girls born in England and Wales to mothers who have undergone FGM. Another analysis has said that approximately 10,000 girls aged under 15 who have migrated to England and Wales are likely to have undergone, or are likely to undergo, FGM.

The key points made by the Local Government Association on the lack of successful prosecutions are that FGM is often carried out on young girls who may not understand what is being done to them, or if they are, may be unwilling to testify against close family members; and that, in the overwhelming majority of cases in the UK, the FGM has been carried out before the women and girls arrived in this country.

The Local Government Association says that FGM will be eradicated in the longer term only by changing practice and custom in communities where it happens. It says that through the National FGM Centre programmes are being rolled out across the country to shift attitudes and behaviour towards better prevention of FGM. As has been said, FGM is most often claimed to be carried out in accordance with religious beliefs, but it is not actually supported by any religious doctrine.

There is a rather different emphasis on the reasons for the lack of successful prosecutions between the National FGM Centre and the Local Government Association, and we wait to hear the Government’s views on this issue. There is no doubt, however, that encouraging and promoting change in practice and customs will be crucial, and it is far better to succeed in preventing the offence happening in the first place than it is to prosecute after it has happened. Equally, in the light of the law of the land, action needs to be taken that will help in the shorter term to address the issue of FGM, which is a serious crime, and the lack of successful prosecutions. The lack of successful prosecutions hardly acts as a disincentive to those who commit or aid and abet this serious crime.

The Local Government Association has referred to the work of the Bristol FGM Community Development project, which has led to the development of appropriate services in the community and to an increase in referrals to the police, with a 400% increase in potential FGM referrals from 2009 to 2014. Does the Minister have any information on the outcome of this increase in referrals to the police, based on the work done in Bristol?

In its report last year on FGM, the House of Commons Home Affairs Committee was quite blunt in its comments, saying that,

“it is still the case that there have been no successful prosecutions for FGM in the United Kingdom in the last 20 years. This record is lamentable”.

Further on in the report, the committee said:

“There seems to be a chasm between the amount of reported cases and the lack of prosecutions. Someone, somewhere is not doing their job effectively. The DPP informed the Committee that she could only prosecute on the basis of evidence, the police said that they could only investigate on the basis of referral, and the health professionals told us that they could not refer cases because their members were not fully trained and aware of the procedure. While agencies played pass the parcel of responsibility, young girls are being mutilated every hour of the day. This is deplorable. We wish to see more prosecutions brought and convictions secured. This barbaric crime which is committed daily on such a huge scale across the UK cannot continue to go unpunished”.

The Home Office Minister in the Commons has said that lead FGM prosecutors have been appointed for each Crown Prosecution Service area and have agreed joint FGM investigation and prosecution protocols with their local police forces. Have any of these lead FGM prosecutors yet authorised a prosecution for FGM? The same Minister also said last month that the Government accepted that tackling FGM needed a co-ordinated response from a range of professionals, including teachers, health professionals, social workers and police, and that updated multiagency guidance on FGM had been published to support compliance. The Minister also said that free FGM e-learning had been made available for all professionals; that the Department of Health’s FGM prevention programme was seeking to improve the response of the NHS to FGM; and that the Department for Education was funding the Local Government Association and Barnardo’s to develop a centre of excellence and outreach to support local authorities. On the face of it, that all sounds good.

However, how much co-ordination is there at government level, bearing in mind the number of different departments involved, each with their own programme or projects for their own specific areas? What is the total amount of additional money that is now being made available, and to whom, to address the incidence of FGM and the lack of successful prosecutions? As far as the police are concerned, is it ultimately a matter for a chief constable or a police and crime commissioner to decide what resources and priority will be directed to pursuing FGM referrals within their force? Do the Government agree with the recommendations of Barnardo’s for increasing the number of successful prosecutions for FGM, to which I referred earlier? If so, are the Government saying that the steps they have taken already will deliver those recommendations? When do the Government anticipate seeing a reduction in the incidence of FGM? When do they expect to see successful prosecutions in the light of the legislative and other steps that have been taken? Finally, is there any hard evidence yet that the legislative changes in respect of FGM introduced under the Serious Crime Act 2015 are beginning to have an impact?