Serious Crime Bill [Lords]

Debate between Jane Ellison and Dominic Grieve

Monday 23rd February 2015 Commons Chamber

[Mr Grieve]

I am very grateful to hear from my hon. Friend that ground E would not be jeopardised. The Government have access to good legal advice—[Interruption.] I trust that they have access to good legal advice, and it must be the case that the Government have a position on the matter. I am grateful to hear from my hon. Friend that that particular anxiety is completely misplaced.

[Jane Ellison]

I am concerned about the fears that some people have about the practical implications of the new clause, and I think others share that concern. I hope to come on to that

The Royal College of Obstetricians and Gynaecologists highlighted the potential impact on abortions for foetal abnormality—I hear the point that was made on that in two interventions—where an inherited gender-related condition may be indicated, and the possibility that the new clause, if passed, may result in further concerns. The RCOG says:

“Parents with a family history of such a condition may not have the option of Ground E.”

The RCOG also says, in relation to how doctors might feel about the practical implications, that

“doctors deciding not to provide this aspect of gynaecological care”

might do so

“because it is deemed to be too ‘risky’ to them professionally.”

The House will want to be aware of these and other concerns regarding the practical implications of the new clause from the body that represents the doctors who provide these services and whom we entrust with the training, support and education of our future work force.

Oral Answers to Questions

Debate between Jane Ellison and Dominic Grieve

Tuesday 11th October 2011 Commons Chamber

[The Attorney-General]

The Lord Chancellor is certainly committed to using restorative justice as part of his programme of reducing reoffending through the rehabilitation of offenders. Powers are available to magistrates in that area. As my right hon. Friend will appreciate, further changes to the law are a matter for the Lord Chancellor and his Department, rather than for me.

[Jane Ellison (Battersea) (Con)]

2. What representations he has received on the updated guidelines issued to prosecutors by the Crown Prosecution Service on the offence of female genital mutilation.

[The Attorney-General]

I have received no representations regarding the new legal guidance on female genital mutilation published by the Crown Prosecution Service on 7 September 2011.

[Jane Ellison]

It is well known that European countries such as France and Sweden have brought successful prosecutions on this matter, but it may surprise the House that many African countries such as Liberia, Ghana, Kenya and Burkina Faso have also brought such prosecutions. However, in the 25 years since the UK legislated on this matter, we have brought no prosecutions for this terrible crime. Does the Attorney-General feel that the new guidelines will bring that possibility closer, and will he urge prosecutors to use the expertise built up in child sexual abuse cases to bring prosecutions closer?

[The Attorney-General]

As I am sure my hon. Friend will understand, the Crown Prosecution Service has cases referred to it by the police, and if cases of female genital mutilation are referred, I can absolutely assure her that every effort will be made to prosecute them successfully if the evidential base on which to proceed is present. I understand that, in 2010-11, only one case was considered for prosecution by the CPS, and it resulted in no further action being taken because it did not meet the evidential criteria.

I entirely agree with my hon. Friend that if we are to prosecute such cases successfully, we need to create a climate in which victims can come forward. Of course, in many cases people will have become victims when very young, and that is one problem that besets the matter. I simply say, finally, that the fact that there have not been prosecutions does not necessarily mean that the legislation is not succeeding at least in providing some deterrent effect on individuals engaging in this appalling behaviour.