3 Female genital cosmetic surgery
12. During our inquiry last year, we were told that
section 1 of the Female Genital Mutilation Act 2003 included an
exemption for surgical operations, which might allow medical practitioners
in the private cosmetic industry to conduct FGM.[10]
We recommended that the Government examine whether there was a
double standard in the current treatment of female genital cosmetic
surgery and FGM under the law, and whether there is a case for
prohibiting all such surgery on girls under the age of 18, except
where it is clinically indicated. The Government response stated
that the Female Genital Mutilation Act 2003 did not contain any
exemption for cosmetic surgery, that the Government did not believe
that the 2003 Act itself created double standards, and that it
had no plans to amend the Act specifically to prohibit female
genital cosmetic surgery.[11]
13. Despite the reassurances in the Government response
witnesses told us that there is still some confusion, and the
appearance of double standards. Detective Chief Superintendent
Keith Niven of the Metropolitan Police, told us that while the
law was "very clear" that this type of cosmetic surgery
constituted FGM, there was confusion as to the practice of the
law. He added that "there is a debate to be had on whether
or not the 'designer vagina' and the cosmetic surgery falls within
… the legislation" and said that more clarity was required.[12]
Janet Fyle, of the Royal College of Midwives, told us
We could be accused of double standards if we
are saying to the communities, "You cannot do that"
but we are saying to doctors and surgeons, "Yes, of course,
you can do that if you give anaesthetic and have a very nice room
where you can put the girl".
She added that older girls were at a greater risk
of being taken to a private clinic.[13]
Leyla Hussein argued that the patriarchal impulse behind FGM and
cosmetic surgery was the same and that it was dangerous to label
one as being barbaric and abusive while allowing the other to
take place.[14] Alimatu
Dimonekene told us of one pro-FGM campaigner who was using images
of women who were having genital cosmetic surgery, accusing the
UK of having a hypocritical attitude to FGM.[15]
14. Despite the Government's assurances that there
is no ambiguity in the law relating to female genital cosmetic
surgery, our evidence demonstrates that the police, midwives and
campaigners would all like to see greater clarity on this point.
We cannot tell communities in Sierra Leone and Somalia to stop
a practice which is freely permitted in Harley Street. We recommend
that the Government amend the Female Genital Mutilation Act 2003
in order to make it very clear that female genital cosmetic surgery
would be a criminal offence.
10 Home Affairs Committee, Second Report of Session
2013-14, Female genital mutilation: the case for a national action plan,
HC 201, para 90. See subsections 1(2) to 1(5), which provide and
exemption for "a surgical operation on a girl which is necessary
for her physical or mental health, or … on a girl who is
in any stage of labour, or has just given birth, for purposes
connected with the labour or birth". Back
11
Government response to Female genital mutilation: the case for a national action plan,
Cm 8979, Pp14-15 Back
12
Qq 74-75 Back
13
Q113 Back
14
Q32 Back
15
Q42 Back
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