Serious Crime Bill [HL]

Debate between Baroness Meacher and Baroness Howe of Idlicote

Monday 2nd March 2015 Lords Chamber

[Baroness Howe of Idlicote (CB)]

My Lords, Amendment 5 after Clause 70 is clearly a well intentioned measure, but I am concerned that if mandatory reporting of FGM is implemented in isolation it could have unintended consequences. Like my noble friend Lord Patel I am worried, in particular, that professionals will have no discretion and will be obliged to report, even when it may not be in the best interests of the child. The evidence from other countries where mandatory reporting of child abuse in general has been introduced suggests that there could be similar unintended consequences if a duty was introduced for FGM. Most notably: women and girls could be discouraged from seeing healthcare professionals because of concerns about catapulting themselves or friends and family into criminal investigations; professionals may seek to avoid discussions that could lead to disclosure if they are fearful of the consequences; and individuals would be likely to report on any occasion when they come into contact with a girl who they believe has undergone FGM, resulting in a girl being visited by police or social workers on multiple occasions in the short space of time before they are 18, which could be a fairly traumatising experience.

Will the noble Baroness please clarify what would happen in instances where the duty to notify police of FGM is not in the best interests of the child? Surely it is vital that the guidance on this piece of legislation is fully and carefully considered, and that experts who deal with these cases are fully involved. Can she also clarify the intentions for the guidance on how this duty will be implemented, and confirm whether this guidance will be subject to full consultation?

[Baroness Meacher (CB)]

My Lords, I add a few words of strong support to those of my noble friends Lord Patel and Lady Howe. It seems that this is trying to deal with the problem after the horse has bolted. As the Minister knows, we argued at length earlier in discussions on the Bill about the need to tackle this matter at source, where these ideas are being pressed—by the leaders and religious leaders of some communities who believe that this is necessary to save you from hell and such matters. To go down this road will be quite dangerous, because there will be an inclination by families and communities to hide these children from view. Not only may they not seek medical attention—that would be incredibly serious, as my noble friend Lord Patel has said—these girls and women need extra healthcare and may get none at all if they are hidden away. But you can also imagine that these children may be hidden away from “ordinary” English schools, because teachers may come to know about what has happened, and these families and communities will be under more pressure to set up separate schools, not integrating with our society. That would be absolutely retrograde to encourage in some way.

Obviously this is an unintended consequence. I am sure the Government’s motives are utterly right and pure, but these things can have the most devastating unintended consequences, and one can just imagine the greater isolation, being kept away from healthcare, schools and so on. These children will be incredibly vulnerable if these amendments go through, and I put on record again that we need to tackle FGM—and my goodness, we need to tackle it—at source. It is probably far too late in the day, but really it is the community and religious leaders who need to be stopped when they are preaching non-authentic Hadith and pressing for FGM on that unauthentic basis. Even at this late stage I plead with the Minister to take a step back and think whether this is the right way forward. I profoundly believe it is not. The most eminent QC in this country, Dexter Dias, who knows about these things, would say the same. Go to the community and religious leaders; do not try and deal with this after the event when these children have already been tortured.