Female Genital Mutilation

Seema Malhotra Excerpts

Thursday 29th January 2015 Westminster Hall

[Seema Malhotra (Feltham and Heston) (Lab/Co-op)]

It is a pleasure to speak in the debate and to contribute to the ongoing discussion about how we respond, as a Parliament and as a nation, to female genital mutilation and how we can strengthen the effectiveness of our response.

I thank the Home Affairs Committee for its report. I particularly thank the Committee Chair, my right hon. Friend the Member for Leicester East (Keith Vaz), for his persistence in ensuring that the report was not simply placed on a shelf. The report and the Government response not only resulted in immediate legislative changes —the amendments made to the Serious Crime Bill—but raised awareness of the issue of FGM. They gave campaigners, activists and MPs a great deal of information and evidence, and provided the tools to extend the conversation to our communities.

So many activists, campaigners and charities are involved in tackling FGM. We have already paid tribute to Leyla Hussein, and I would like to mention Nimco Ali and others in Daughters of Eve, the Hawa Trust and Celestine Celeste in the west midlands, which I have worked with. So many across the country have raised the issue of FGM and championed change in their own areas, as well as contributing to the national conversation. It is vital that we work with communities and give them the tools that they need, as well as building a bridge between them and what happens at a legislative level.

Although the Government have responded to some of the recommendations in the Home Affairs Committee report, I believe that, in some areas, the Government have not gone far enough. We need to go even further in our response to FGM when it occurs and in our national prevention strategy. FGM affects thousands of women and girls in this country, and many more are at risk, particularly where mothers have been victims and survivors of FGM. I pay tribute to the hon. Members who have made the vital point that there is no cultural excuse for FGM and that it is not a matter of religion. Indeed, 300 faith leaders signed a declaration last year to the effect that FGM is not part of their religion. This whole debate, led by the Home Affairs Committee’s work, has been important in helping to put that idea to bed and saying that we have a new consensus on taking forward the debate nationally. We are trying to be a leader on the world stage.

My hon. Friend the Member for Bristol East (Kerry McCarthy) raised some vital points that I wholeheartedly support, particularly on the importance of early education in schools. It is staggering that the Conservatives, and the Government as a whole, have voted against measures to make sex and relationship education compulsory in schools. Such education is a vital part of ensuring that teachers understand the issue and that young people have the tools to raise issues if they happen in their own lives and to raise awareness of what may be happening to others around them so that intervention can take place.

Where survivors and victims are identified, whether by safeguarding procedures or through health services, the provision of mental health support services is an issue. I have heard in conversation that those who have been cut have ongoing health conditions that they do not necessarily associate with FGM or with what has happened to them, which stops them getting the health support they need. There is a big message about how we need to join up justice, health and education services with a cross-Government strategy, which remains an important part of how we continue to move forward.

It is a scandal that we have not seen a successful prosecution since we passed the law making FGM illegal. A case is going through the courts, and there are ongoing discussions about that case, but the encouragement of FGM is an issue that I will go on to address. Some of the report’s recommendations have been included in the Serious Crime Bill and deserve a mention. I thank those Members of the other place who were important in strengthening the Bill there. Among those measures, lifetime anonymity for survivors is important because although many of those who have been cut feel a sense of shame and do not want their community to know, they want justice.

FGM protection orders, which we debated in Committee, are set to play an important part, and I am pleased that, in Committee, the Government committed to our call for legal aid for those protection orders. We cannot have measures in law that people do not have the means to access, particularly when an application for an FGM protection order might come from a girl herself. If the girl, her family, her colleagues or her school cannot help her to secure the necessary resources, that will be a measure in theory and not in practice. It is important, as the Government have recently committed to, that legal aid is made available to provide legal services not just for supporting paperwork, but for advocacy. It is important that the Government adhere to that commitment.

There has been an important move to broaden the scope of the Female Genital Mutilation Act 2003 to cover girls who are habitually resident in the UK, which was a vital gap, because people have different immigration status. We need to ensure that all girls in the UK are protected. In Committee, we debated how that will be taken forward, which is important. The Bill is still passing through the House, and we need to know how we will be working with agencies abroad and how the Home Office will be working with the Foreign and Commonwealth Office to ensure that, if any girl who is habitually resident in this country is at risk either abroad or here, moves can be made to ensure that, as with those at risk from forced marriage, agencies abroad are trained and able to work together to ensure that there is protection for girls who are at risk.

The Bill introduces the new offence of failure to protect a girl at risk from FGM, which is an important measure that sends the right message that parents or guardians who do not safeguard their child will be held to account. It would be helpful to know what further dialogue the Minister has had on how that could be effectively implemented so that parents who have not taken care to safeguard their children may be successfully prosecuted in this country, as has happened abroad.

In Committee, we called for more action to address encouragement of FGM, which is a vital part of ensuring that we address some of the cultural issues in relation to FGM. I pay tribute to Dexter Dias QC, the people he has worked with and the many who have contributed to his research on why the current measures do not go far enough to intervene early to help to prevent FGM occurring in the first place.

There is huge pressure on parents from within affected communities, and campaigners feel the same pressure. We heard about the harrowing experience of campaigners such as Leyla Hussein, particularly when they stand up to the forces of tradition within their own communities. It is important to pay tribute to what those campaigners do, because it is not easy for them to stand up within their own community on issues that affect them, their friends and their family, as opposed to an issue of concern that does not have a direct effect on their own community.

Some important messages came out of the work done by Dexter Dias QC and others on the encouragement of FGM and the need to consider a distinct offence making such encouragement unlawful. That is an important part of strengthening not only our response and legislation in the UK, but our obligations under international law to combat FGM effectively, rather than merely reacting to ongoing practice, vital though that is.

The UK’s international law obligations are clear in their requirement that we take active steps to end the practice of FGM. We have been calling for the encouragement of FGM to be made illegal in this country because such a move is necessary for stopping FGM at its root. We propose a strengthened measure that builds on the amendment made by Baroness Meacher in the Lords in July 2014. We propose a tighter offence that, for the first time, would give parents who do not want to participate in this tradition, but who need the strength to challenge what they are being asked to do, the tools in law to challenge the public encouragement of FGM. Preventing encouragement in its strongest sense has been welcomed by survivors. Such a measure would, in our opinion, help to effect an important culture change within FGM-practising communities.

Effective communities often retain a strong hierarchical structure, in which encouragement or admonishment from elders can carry enormous weight. Not only are parents told that their daughter may never get married, but whole families can be ostracised and isolated as unclean. It is incredibly important to have a way to strengthen what families can do within their communities. The Hawa Trust, an organisation that works with local communities in Hackney, told the Select Committee on Home Affairs last year:

“The young uncircumcised girl is still considered today as a second-class citizen, impure… Such a young girl can neither marry nor even be allowed to prepare the family meal until she agrees to be circumcised.”

Sara, a teenager from a community practising FGM, told researchers working with Dexter Dias QC and others what makes parents do it:

“People. People telling them to. You call it encouragement, I call it people telling them you must follow our tradition, or else.”

If we are to end FGM we need a much stronger prevention strategy. What we propose goes further than what is on the statute book. This is not a free-speech issue about a matter of opinion; this is about challenging active encouragement to offend. We have said that a statement would need to be published with the intent to encourage members of the public directly or indirectly to mutilate the genitalia of a girl, or be reckless as to whether members of the public would be directly or indirectly encouraged.

Particularly if that could be followed by the police issuing encouragement warning notices and, where those were breached, applying for an encouragement warning order, followed by a criminal offence, we believe that it would be a proportionate response that strengthened the conversation we are having and sent a message of zero tolerance of such violence against girls. It would send out the message that FGM is child abuse and must be considered as such. Just as we would not tolerate anyone in our communities advocating child abuse, we should not tolerate anyone in our communities across the country advocating FGM or pressuring parents to cut their daughters.

Through the availability of such tools, the police and local services will be able to respond far more effectively and support campaigners for change who need help to intervene in their own communities in the interests of the majority who want change to happen.

To close on some other issues raised in the Government’s response, although the Home Affairs Committee rightly discussed the definition of reinfibulation, we also discussed that when considering the Serious Crime Bill. Again, the Government were reluctant at that stage to change the definition to make it explicit that reinfibulation was FGM and intended to be covered by the legislation. We have continued to hear concerns from royal colleges and others that it has not been clear to everybody in the health and justice sectors whether the original Act was intended to cover reinfibulation. It is important that the Government continue to consider whether to introduce a simple amendment, such as we proposed, to make it clear in the Serious Crime Bill that reinfibulation is part of the original definition of FGM.

Once again, I thank the Home Affairs Committee, particularly my right hon. Friend the Member for Leicester East, for one of the most powerful interventions in my area of preventing violence against women and girls. It has engaged external communities, as well as Members of Parliament, with the issue, galvanised change and challenged Government and Opposition on this vital issue, on which we should continue to take a lead in ending FGM in our country and around the world.

--- Later in debate ---

[Lynne Featherstone]

I thank the right hon. Gentleman for that intervention, but we are already funding community organisations. Of course, anyone who does not get funding always says, “I haven’t got funding.” We are trying to underpin a number of organisations, including with funding. There is a £270,000 European fund and a £100,000 Home Office fund, and they are both funding community organisations. I went to visit one in Battersea, in fact. I am sure that the public health Minister, my hon. Friend the Member for Battersea, will want to talk about that if she intervenes on me.

Furthermore, community champions are being created—10 feisty females who are taking this message right into the communities. It is not only the Somali community that is affected; so often that community is put forward, and of course it has an extremely high prevalence of FGM. However, a whole range of communities are affected. There are champions from all of them who can take the message right into the heart of their communities, where they are accepted in a way that middle-aged politicians would not be. That is not ageist; it is just—

[Seema Malhotra]

Will the Minister give way?

[Lynne Featherstone]

Would the hon. Lady mind if I simply finished? If there are points she wants to raise as I get towards the end of my speech, I will give way then. There are so many issues to get through.

The Committee has rightly focused on the low number of prosecutions for FGM. We all agree that prosecutions are not the sole answer and that the well-being of victims is paramount. However, it is equally important that the people who perpetrate this type of child abuse should have to feel the full force of the law, and I am pleased to say that the first people to be prosecuted for FGM in this country are currently before the courts.

There has been a continual cry that over all these years there has not been a prosecution, but I have to point out that under the coalition Government work has been done and we have created pressure. Indeed, the Director of Public Prosecutions who preceded the current DPP, who is Alison Saunders, chaired the action plan group and had his own action plan. When she came into post, Alison Saunders was enthused and advised to go forward on this issue. Nevertheless, there were no prosecutions prior to this time because there had been no referrals to the police. There is clearly much more to do in this respect, but we must recognise that progress has been made.

Prior to 2010, the Crown Prosecution Service was unaware of any cases being referred by the police for a decision to charge. Obviously, that brings me on to mandatory reporting, which I will discuss in a minute; that will be constructive in upping the rate of referral.

Since 2010, 14 cases have been referred. These referrals resulted in the case currently being heard at Southwark Crown court, and a number of other live cases. Importantly, a review of those cases by the CPS has led to some of the changes to the law before Parliament now, in the Serious Crime Bill. They will help ensure that law enforcement and the courts have the powers to bring the perpetrators of FGM to justice.

There has also been an increase in the number of police investigations into FGM; the figure varies from force to force, obviously, according to the prevalence and experience of FGM, although they are not entirely co-related. For example, between January and November 2014, West Midlands police received 118 reports of suspected FGM—a significant increase from the 25 reports they received in 2013. The Metropolitan police have seen a similar increase and have conducted joint operations at the border with the Border Force. It is important to reflect that while those investigations may not have resulted in prosecutions, the police have stressed that they have contributed to a robust safeguarding response that has helped to protect those at risk; prevention is much better than having to prosecute after the event.

Clearly, not all forces are as advanced in their approach to tackling FGM as the West Midlands police and the Metropolitan police, but the law enforcement response is being improved more broadly in a number of ways. The CPS has appointed a lead FGM prosecutor for each CPS area in England and Wales, and joint police-CPS investigation protocols for FGM have now been agreed with the 42 police force areas. In addition, 390 police and prosecutors have benefited from training on FGM, and the College of Policing is introducing a new authorised professional practice on FGM to raise awareness among investigators and to better equip them to tackle the practice.

Furthermore, in the past year the Home Secretary has commissioned Her Majesty’s inspectorate of constabulary to conduct a review into how police forces tackle honour-based violence, including FGM. It is planned for later this year and we will use the findings to strengthen further our approach to FGM.

Several hon. Members asked about the law. As I have already mentioned, we are strengthening the legal framework. A number of legislative changes concerning FGM are being taken forward in the Serious Crime Bill. First, we are extending the reach of the extraterritorial offences in the Female Genital Mutilation Act 2003 to habitual residents of the UK, as well as to permanent UK residents.

Secondly, we are making changes to grant lifelong anonymity to victims of FGM, to help encourage victims to come forward. The hon. Member for Feltham and Heston (Seema Malhotra) raised the issue of anonymity and it is very important. Although we no longer have any truck with cultural eggshells, FGM is obviously still a very sensitive and personal issue; how one might be reviewed and regarded in one’s community is a big thing for those survivors who want to come forward to speak out. Granting them anonymity will be a protection for them.

Thirdly, the Serious Crime Bill creates a new offence of failing to protect a girl from the risk of FGM. That would make potentially liable someone who had parental responsibility, or who had assumed parental responsibility, for a girl under 16 who had been mutilated, if that responsible person knew or ought to have known that there was a significant risk of FGM being carried out but did not take reasonable steps to prevent it. I would assume that if a parent has suffered FGM, there is a high likelihood of a risk to their child.

We believe that these new measures will improve our ability to prosecute this appalling crime. Although we are keen to see the criminal law being used, ideally we want to prevent FGM from happening in the first place. Following a consultation launched at the Girl summit, the Serious Crime Bill also introduces a civil order to protect those at risk from FGM and those who are already victims of FGM.

The FGM protection order will operate in a very similar way to the existing forced marriage protection order. It will enable the courts to make an order that could include, for example, a requirement for a passport to be surrendered, to prevent a girl from being taken abroad for FGM. Although we know that FGM is being carried out here—I come from Haringey: it is happening there and in other areas—we also know that many girls are taken back to their mother countries to be cut, particularly in the cutting season, which is in the spring to early summer.

As the Home Affairs Committee report highlighted, those in safeguarding professions are absolutely key to reporting FGM. The Government have now consulted on how best to introduce a new mandatory reporting duty, to ensure that professionals report cases of FGM to the police. As the right hon. Member for Leicester East said, there is some nervousness in some quarters about mandatory reporting, but we also disagree with that. Some professionals have historically had concerns that confronting harmful cultural practices would result in their being labelled as politically insensitive, lead to issues of confidentiality or somehow drive the practice underground. We have to deal with that as we go. FGM is against the law—it is child abuse, and we must move this issue forward. There can be no equivocation about that.

At this point, I pay tribute to Efua Dorkenoo, who is the mother of tackling FGM and who tragically died very recently; we are absolutely bereft without her. She was absolutely clear about FGM. She knew the communities affected by it and she knew every difficulty that there is to know. She was unequivocal about the need for mandatory reporting and for cases to come to prosecution. I say, “Hear, hear, Efua!”

In addition, we want to see an increase in the number of cases being referred to the police. Having mandatory reporting will bring clarity for front-line professionals. At the moment, the situation is very difficult because there are always two halves to a professional. One of those is to protect, to care and to worry about things; that may lead to a fear that if a report leads to police action or a police referral, that will dent, or make more difficult, the caring side of their profession. Having a mandatory duty to report should clarify that position and take that onus and burden away from them.

Alerting the police to actual cases of FGM will allow professionals to investigate the facts of each case and increase the number of perpetrators apprehended and prosecuted. The consultation has finished, and we are considering all 150 responses and some of the issues around the sanctions. The mandatory reporting duty will help make the changes happen. We will set out our response to the consultation shortly with a view to legislating in this Session.

Legislation alone, however, cannot end FGM. Prosecutions would send out a strong message on the rule of law, but are unlikely to end the terrible crime. Prevention and protection are also of critical importance, and part of that work is continuing to ensure that those communities in the UK practising FGM are aware that it is considered to be child abuse here. There is a great lack of knowledge and penetration into some of those communities, although that is beginning to happen.

I recently went to Mogadishu, Somalia—previously, one could barely raise the issue or even say the words “female genital mutilation”, particularly in Sierra Leone and Somalia—and I talked with Prime Ministers, Presidents, women’s groups and a whole range of people. I spoke with activist girls in Somaliland. There has been an amazing step change from two years ago, which gives one real hope that this is a movement for change. It is not just happening in one country. The African Union has sent a resolution to the United Nations. The UN banned the practice worldwide in December 2012. Some 25 countries in Africa have banned FGM. Our diasporas and their mother countries are connected. We will not end FGM unless we support Africa, the middle east and other places where it is practised to end it.

Through education and protection measures, we will prevent more girls and young women from having this so-called procedure. I agree about the work in the communities, which is incredibly strong.

[Seema Malhotra]

rose—

[Lynne Featherstone]

I will give way, but first let me get through some more of my speech. There will be a few minutes at the end.

The Government have published and updated the multi-agency practice guidelines on FGM. The guidelines highlight the risk factors that teachers, nurses, GPs, police officers and social workers should be looking out for during their work and set out what action they should take. To ensure better compliance with the guidelines, we have consulted on our commitment to making them statutory, as recommended by the Home Affairs Committee.

We are also supporting and funding community engagement work to raise awareness, which I covered earlier. We are ensuring that NHS acute hospitals are routinely recording information on FGM and using that to support social services and the police, as well as sharing it to provide appropriate health care for girls and women. The work that my hon. Friend the Member for Battersea has done in the Department of Health has motored the step change, because previously FGM was not even recorded. In that respect, it did not exist in the health professions.

The first statistics were published on 16 October and showed that for September, 125 of the 160 eligible acute trusts in England—that is 78%—submitted signed-off data. There were 1,279 active cases, and 467 newly identified cases of FGM were reported nationally. The statistics continue month by month, but I will not read all the months out. Those statistics represent a massive step change, because, as we all know, in politics if it cannot be counted, resources cannot be obtained, the problem does not exist and it does not get addressed. We now have concrete data, which is a huge step forward. I congratulate my hon. Friend on the work she has done to make that happen.

The Government’s new FGM unit launched on 5 December 2014 and will work with local areas to strengthen their response. The unit will deliver a comprehensive programme of engagement with affected communities and front-line professionals. That includes a series of training workshops to local safeguarding children’s boards in areas with a high prevalence of FGM.

As the right hon. Member for Leicester East and the hon. Member for Bristol East (Kerry McCarthy) said, safeguarding is the name of the game here. Safeguarding boards have been slightly behind the curve in getting to grips with this issue. The local level is the right place to hold the ring—it has the appropriate understanding, confidence and knowledge to address the issue across all the different agencies in any location. The training workshops in high-prevalence areas will work in partnership with the Department of Health on a series of FGM conferences and on bringing together all law enforcement capabilities—the National Crime Agency, Border Force and the police—to co-ordinate action to support prosecutions on FGM.

Ensuring that front-line professionals in high-risk areas have the information and training they need to identify and tackle FGM will also be supported by NHS England’s national FGM prevention programme and statutory guidance on multi-agency working, called “Working Together to Safeguard Children”, as well as statutory guidance on the role of schools, called “Keeping Children Safe in Education”. Better data on FGM will also provide high-prevalence areas with the evidence they require to introduce dedicated FGM training and to commission services to support victims.

Various Members raised the issue of schools and education, and I am already on the record as saying that education on FGM has to be mandatory in schools as part of PSHE. Sex education should be compulsory. We are not at that stage, but I assure Opposition Members that it will be in the Liberal Democrat manifesto, as I am sure it will be in theirs. I hope we can move forward on the issue, because I can think of no better place to start raising awareness. In primary school, that awareness raising can be with the parents. I have met the parents of girls at risk. A primary school in Bristol is the first to have an FGM safeguarding policy. I met the head of that school—I am sure the hon. Member for Bristol East knows her—and she is doing a fantastic job with the parents to say, “This is our law. This is our safeguarding policy in our school.” I think that that is a progressive way forward.

The Home Office has launched an e-learning tool so that all practitioners, whether they are social workers, teachers, health care professionals, Border Force or the police, can undertake an introduction to FGM. Well over 8,000 people have accessed that training. There are reforms to social work, education and practice to protect children from FGM and other forms of abuse. Prevention is at the heart of that work to safeguard and protect all girls and women who may be at risk.

The Government are also, as I am sure all Members know, working to tackle FGM internationally. In March 2013, the Department for International Development announced an ambitious £35 million programme to address FGM in Africa and beyond. The programme aims to see a reduction in FGM by 30% in 10 countries in five years, measured by prevalence among nought to 14-year-olds. It is working towards seeing an end to FGM in one generation. It is vital that money is spent overseas to tackle FGM, to persuade communities here who adhere to the practice to stop. The diasporas are even more closely wedded to identity traditions than the mother countries. When Chinese foot binding ended in China, it continued in California for years afterwards. We are intrinsically linked to the mother countries through the diasporas.

We have made huge progress on FGM. We have raised the profile of the issue and made it clear that FGM is child abuse and violence against women. It is a serious crime and we want to maintain our momentum. Next week, to coincide with the international day of zero tolerance for FGM, we are hosting a European conference to ensure we are learning from other jurisdictions. I am sure that the right hon. Member for Leicester East will be particularly pleased to know that representatives from France will be attending that conference.

On the French issue, I have visited France and spoken to the French Ministers. My understanding of the 40 prosecutions is that most of them originated from the prosecution of one very prolific cutter. We have a different system here. We want prosecutions, but I am not sure that the prevalence of FGM in France has been as brilliantly reduced as we might be led to believe by the conversations that we have.

In a sense, we are motoring now. We have to give what we are putting in place a real chance. We want to see more prosecutions, prevent more FGM from taking place, raise awareness of it in our schools and see all our front-line professionals having that training that will make a huge difference. Mandatory reporting will also make a significant difference. On the day of zero tolerance, we will also hold a cross-Government meeting, which I will host with the public health Minister, my hon. Friend the Member for Battersea. Such events offer an opportunity to take stock of what we have done and to continue the drive to prevent FGM and to protect and support victims.

Before I finish, I pay tribute to Efua, the mother of tackling FGM. I am sure other Members in the room will have been present when campaigners and survivors such as Leyla Hussein, Nimko Ali, Fahma and Alimatu have spoken out so bravely. I am sure Members will have heard their stories and will have sat there in wonder and awe that these women have had the courage to do what they have done.

People often ask me why I took up the mission of tackling FGM. In 2010, the Prime Minister appointed me as the international champion for tackling violence against women and girls across the world. These issues all go back to the lack of equality, women’s position in the world, patriarchal societies and the social norms that keep us in our place.

After I was appointed, I was looking across the piece when two things coincided. Daughters of Eve came to see me, took me by the collar and threatened me, saying, “You do not understand.” Before, we had all been using the phrase “female genital mutilation”, but we needed to cut through the issues—that was a terrible use of words. Daughters of Eve said to me, “This is child abuse. You are a Minister. You have to do something,” at which point I got reshuffled. However, what they said worked, and I did do something. When I went to DFID, I said, “We are going to tackle this. We are going to tackle it in Africa. If we do it there, we will have to do it here as well.” The timing meant that the passion Daughters of Eve had for what they were doing in Bristol and other places was combined with what was happening in Africa.

Terrible violence is done to women right across the world, including in the UK. That violence takes all forms—domestic violence at one end and rape as a weapon of war at the other. However, it seemed to me, as the ministerial champion for tackling violence against women and girls overseas, that FGM was totemic, in that it encapsulated the whole agenda. Who could be more powerless than a three-year-old girl who has absolutely no choice, no control and no voice in what is happening to her? What issue could be more meaningful? The idea that someone can come and damage the rest of her life—physically, psychologically, healthwise and in terms of power and control—is why I took up this issue. If anyone ever wonders why, that is why.

This has been a passionate and informed debate. In closing, let me make it clear that we can and must eradicate this terrible practice. I assure hon. Members that the Government fully understand that. Although we are not doing everything the Home Affairs Committee advised us to, we are resolutely committed to fighting FGM.