12 Female genital mutilation
| (35614)
17228/13
COM(13) 833
| Commission Communication: Towards the elimination of female genital mutilation
|
| Legal base | —
|
| Department | Home Office
|
| Basis of consideration | Minister's letter of 20 February 2014
|
| Previous Committee Report | HC 83-xxxi (2013-14), chapter 6 (5 February 2014)
|
| Discussion in Council | No date set
|
| Committee's assessment | Politically important
|
| Committee's decision | Not cleared; further information requested
|
Background and previous scrutiny
12.1 The purpose of this Commission Communication
is to describe what action the EU has already taken to combat
female genital mutilation (FGM) and to propose a series of further
(non-legislative) actions to:
· ensure a better understanding of the prevalence
of FGM within the EU;
· promote sustainable change to prevent
FGM;
· support more effective prosecution of
FGM;
· provide protection for girls or women
at risk of FGM; and
· contribute to the worldwide elimination
of FGM.
12.2 The Communication draws on the findings of a
report published in 2013 by the European Institute for Gender
Equality (EIGE) which highlighted the absence of reliable and
comparable data on the prevalence of FGM within the EU, as well
as inadequate monitoring and evaluation of the effectiveness of
legislative and policy measures to tackle FGM, and called for
better specialist support services and professional training,
multi-agency cooperation, sustainable funding, and enforcement
of existing laws to avoid impunity.[64]
12.3 Our Thirty-fourth Report, agreed on 5 February
2014, summarises the problems identified in tackling FGM within
the EU and the actions proposed by the Commission. They include:
· the development of a common methodology
and indicators to measure the prevalence of FGM;
· better use of EU funding to support professional
training;
· an analysis of existing criminal laws
relating to FGM (prosecutions for FGM are rare, and there have
been none in the UK, despite the introduction of specific legislation
in 1985);
· the exchange of best practice;
· the inclusion of references to FGM in
country of origin information produced by the European Asylum
Support Office; and
· incorporating FGM in political and human
rights dialogues with third countries and supporting initiatives
within the UN and regionally to eliminate FGM.
12.4 The Minister for Crime Prevention (Norman Baker)
broadly endorsed the objectives and actions proposed in the Communication
but suggested that, with the possible exception of sharing good
practice, they could be sufficiently achieved by Member States
alone and were therefore inconsistent with the principle of subsidiarity.
12.5 Whilst expressing understanding for the Minister's
caution concerning the "added value" of EU action, we
noted the links between the activities proposed in the Communication
and the measures being taken domestically to combat FGM, in some
cases supported by EU funding. Many of the activities appeared
to be a continuation of existing EU efforts, rather than an expansion
into new areas of activity, and were intended to complement, not
replace, action at domestic level. We asked the Minister whether
he considered that the EU's existing efforts should be curtailed,
and to identify more clearly which of the actions proposed in
the Communication would, in his view, be inconsistent with the
principle of subsidiarity. We also asked for an assurance that
the Government would consult external stakeholders and provide
a summary of their views and suggested that the Communication
should be included on the agenda of a future Justice and Home
Affairs Council, given the Government's reservations about the
role envisaged for the EU, and the strength of its own commitment
to combating FGM.
The Minister's letter of 20 February 2014
12.6 The Minister (Norman Baker) re-iterates the
Government's commitment to tackling FGM, adding that Ministers
have recently signed a cross-Government declaration to end FGM
which seeks to:
· ensure the law is as robust as possible
to help secure domestic prosecutions;
· fund community engagement activities aimed
at changing attitudes to FGM;
· build a stronger evidence base through
NHS data to encourage local action;
· improve social work training to ensure
FGM is seen and dealt with as child abuse;
· improve the criminal justice system response
to secure prosecutions; and
· join up the UK's international and domestic
programmes to help eradicate FGM at home and overseas.
12.7 Turning to the justification for EU action in
terms of subsidiarity, the Minister continues:
"The Government recognises that tackling
FGM will require a multi-pronged approach and there is some action
in the Communication which, due to the scale and effects achieved,
will add more value when taken at European level. This includes
action to encourage EU level effective practice sharing, providing
EU level funding and monitoring the transposition of relevant
EU legislation."
12.8 He considers that Member State, rather than
EU action, is more appropriate in the following areas:
· producing written guidance for professionals;
· devising and delivering training for professionals
— including professionals in health, education and law enforcement;
· developing systems for proper co-operation
and information sharing between different public agencies and
public services;
· enforcing domestic criminal legislation
— by the police/CPS in the UK; and
· providing support services for victims
who are based in the UK.
12.9 The Minister continues:
"I do not feel that implementing [these
actions] collectively, at EU level, will produce a better result
in the UK given the significant amount of work we are already
undertaking domestically. For example, the UK have published
multi- agency practice guidelines for practitioners on FGM, designed
specifically for police, children's services, teachers and health
practitioners and we are in the process of developing an E-learning
package for safeguarding professionals. Similarly the Crown Prosecution
have published an FGM action plan which seeks to achieve a prosecution
for FGM.
"As stated in my Explanatory Memorandum,
we are fully committed to sharing effective practice, where skills
and knowledge can be transferred across Member States, and we
will continue to seek opportunities to do this. In the spring
of 2015, we will be hosting an event to share effective practice
and learning to support colleagues across the EU in improving
their own response to tackling FGM."
12.10 The Minister says that the Government does
not intend to undertake a separate consultation of stakeholders,
adding:
"The proposals contained within the Communication
are consistent with Government policy. We have on-going engagement
with key stakeholders working on FGM and through this we are able
to assess their views on policy proposals."
12.11 He anticipates that the Greek Presidency will
seek to adopt a set of Council Conclusions on Violence against
Women and Girls which is likely to include a reference to FGM.
He continues:
"This is welcome. On present plans this
is most likely to take place at the Council meeting in June, although
as yet we do not have a draft of their proposal. As this is the
case I do not propose to press for the Communication to be put
on as a separate agenda item at a Justice and Home Affairs Council
meeting."
Conclusion
12.12 We thank the Minister for his letter
which confirms that the content of the Commission Communication
is consistent with Government policy and so would appear to add
little value to action already being undertaken domestically in
the UK. We note, however, that the report on FGM published by
the European Institute for Gender Equality in 2013 reveals a disparate
picture across the EU as a whole. We therefore agree with the
Minister that, in tackling FGM within the EU, the Commission should
focus its efforts on facilitating the exchange of information
on the most effective policy approaches and legal frameworks to
prevent FGM, protect those at risk, and prosecute the perpetrators.
12.13 We stated in our earlier Report[65]
that the Communication warranted political consideration at Council
level, given the Government's reservations about the role envisaged
for the EU in combating FGM. We note that FGM is likely to be
considered by the Council as part of a broader set of Conclusions
on violence against women and girls to be agreed towards the end
of the Greek Presidency. We ask the Minister to tell us what
type of EU action on FGM he expects to be included in the draft
Conclusions and, once a draft becomes available, to indicate whether
he considers the action proposed to be appropriate and proportionate.
Meanwhile, the Communication remains under scrutiny, and we again
draw it to the attention of the Home Affairs Committee to inform
its current inquiry into female genital mutilation.
64 See http://eige.europa.eu/sites/default/files/EIGE-Report-FGM-in-the-EU-and-Croatia_0.pdf. Back
65
See headnote. Back
| 
