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

Baroness Gale Excerpts

Committee: 1st sitting (Hansard): House of Lords
Friday 26th October 2018 Lords Chamber

[Baroness Harris of Richmond (LD)]

My Lords, as we have heard, the Bill would insert a reference to Section 5A of, and Schedule 2 to, the Female Genital Mutilation Act 2003 into Section 8 of the Children Act 1989. By doing so, the Bill would amend the Children Act 1989 to state that proceedings under Section 5A of and Schedule 2 to the Female Genital Mutilation Act 2003 are “family proceedings”.

I pay tribute to the work of my noble friend Lady Featherstone for her long-standing commitment to fighting FGM. Unfortunately, she is not able to be in the Chamber today to speak in Committee, but I know that she very much supports the intents of the amendments.

We on these Benches are grateful to the noble Lord, Lord Berkeley, for bringing this sensible and valuable change to the law, and to the Government for their backing. As we heard, these amendments are technical in nature, and we are very much supportive of them. It is vital that we continue the fight against this deplorable practice, and we should be using every tool available to us to ensure the safety of these young girls.

[Baroness Gale (Lab)]

My Lords, as the noble Lord, Lord Berkeley of Knighton, said, these are technical amendments, and I am pleased that he was able to bring them before the House today. He explained in detail exactly what they mean, and there is little to add other than to say that we fully support them, and that we know that they will help to make this Bill a much better Act when it comes on to the statute book. I know that the Government will support this as well. I thank the noble Lord, Lord Berkeley, and I look forward to seeing this on the statute book very soon.

[Baroness Vere of Norbiton (Con)]

My Lords, I thank all noble Lords who have taken part in today’s discussion and, in particular, the noble Lord, Lord Berkeley of Knighton, for his Bill and the enormous amount of time and effort that he has devoted to it.

As the noble Lord, Lord Berkeley, has explained, the purpose of his Bill is to amend Section 8(4) of the Children Act 1989—the 1989 Act—to bring proceedings for female genital mutilation protection orders, or FGMPOs, within the definition of “family proceedings” for the purpose of the 1989 Act. Bringing FGMPO proceedings within the definition of “family proceedings” would mean that, in future, an application by a local authority or the NSPCC for a care or supervision order in relation to a child at risk of significant harm could be made during FGMPO proceedings. This would avoid the need for separate applications and potential delay. Other powers of the family court, including powers to make, for example, a prohibited steps order, special guardianship order or family assistance order, would also be available in FGMPO proceedings.

Female genital mutilation, or FGM, is an extremely painful and harmful practice that blights the lives of many girls and women. This Government continue roundly to condemn the practice of FGM and are determined to see it eradicated in this country and elsewhere. That is why the simplification of process intended by the Bill is sensible. It adds to the measures which the Government have brought forward to tackle FGM issues. It is also why the Government supported the Bill at Second Reading, subject to the minor and technical amendments put before the Committee today.

The Government believe that the amendments provide necessary clarity on the extent and scope of the Bill—that is, they clarify that the Bill applies to FGMPO proceedings only in England and Wales and does not inadvertently extend to Northern Ireland, and it excludes FGMPOs made during criminal proceedings which are distinctly criminal proceedings and not family proceedings for the purpose of the Children Act 1989. The Government are very pleased to support the Bill, subject to these minor amendments being made, and I too commend them to the Committee.