5 Government action since June 2014
The Serious Crime Act 2015
19. The Serious Crime Act 2015, which was introduced
as a Government Bill in June 2014, seeks to extend the extra-territorial
offences by amending the Female Genital Mutilation Act 2003, to
provide anonymity for victims of the offence, create a new civil
protection order, create a new offence of failing to protect a
girl from FGM,[21] and
provide for statutory guidance on matters relating to FGM.[22]
In addition, the Act places a duty on healthcare professionals,
teachers and social care workers, to notify the police when, in
the course of their work, they discover that an FGM act appears
to have been carried out on a girl who is under 18.[23]
20. Leyla Hussein told us that she was in favour
of mandatory reporting because it would safeguard those who are
at risk, but was concerned about how that message would be received
by professionals who have never heard of FGM and are being told
to report it.[24] Alimatu
Dimonekene was cautious about imposing sanctions on those who
failed to report FGM, arguing that "it starts off with training,
because we cannot start penalising until we know for sure that
we have given the right information and the right tools to those
professionals".[25]
21. Detective Chief Superintendent Niven welcomed
the prospect of mandatory reporting and he was optimistic that
it would provide the police with the information and referrals
to enable them to investigate offences.[26]
In the financial year 2013-14, the Metropolitan Police received
81 referrals. For 2014-15, they had received 83 referrals as of
January, which suggests a significant but modest increase.[27]
22. We welcome the steps that the Government have
taken to strengthen the law related to FGM. In particular, we
welcome the provision in the Serious Crime Act to introduce mandatory
reporting of FGM, by healthcare professionals, teachers and social
care workers, to the police. This should help to bring about further
prosecutions, sending a strong message both in the UK and overseas.
However, it remains unclear what would happen in the event that
a professional should fail to make a report. We recommend that
the Government set out the sanctions that may apply when a professional
has failed to meet their duty, which should range from compulsory
training to a criminal offence for intentional or repeated failures.
Funding for campaigners
23. Where a practice has deep cultural roots, challenge
from within the communities where it takes place is more powerful
than challenge from outside. In our Report last year, we highlighted
the crucial role the Government has to play in enabling community-based
initiatives that seek to break down the powerful social norms
that underpin FGM. We additionally called for an increase in funding
from the Home Office to support engagement work by voluntary organisations,
which then stood at £100,000.[28]
The Government announced in their response that, in partnership
with NHS England, the national FGM prevention programme was to
receive £1.443million, designed to improve the way in which
the NHS tackled FGM.[29]
Jane Ellison MP, Parliamentary Under Secretary of State for Public
Health, has also highlighted the Department of Health's resolute
approach, saying "FGM devastates the lives of women and girls
and we are committed to ending this brutal practice in one generation".[30]
In contrast, during our recent Westminster Hall debate, Rt Hon.
Lynne Featherstone MP, the Minister for Crime Prevention at the
Home Office, could only announce £370,000 funding for community
organisations, consisting of a £270,000 European fund and
a £100,000 Home Office fund.
24. Detective Chief Superintendent Niven thought
that funding should be made available for community projects,
in particular for outreach workers who were able to provide information
to the police. Leyla Hussein, one of the most prominent campaigners
in this field, told us that she did not receive any Government
funding. Alimatu Dimonekene told us that, following her speech
at the Girl Summit, she was approached by so many people, both
locally and on social media, that she set up a community group
in Enfield. She too confirmed that she had not received any Government
funding.
25. We commend the work done by Jane Ellison MP
in the Department of Health to spearhead their work against FGM.
This has produced results and significant funding for a programme
aimed at health professionals. We urge the Home Office to follow
this example, and step up to the mark by providing funds for the
tireless campaigners such as Leyla Hussein and Alimatu Dimonekene.
These are the people who can reach out to communities and bring
back information and intelligence to the police, so that investigations
can take place and prosecutions be initiated.
Communication with campaigners
26. One effect of the action that has been taken
by the Government has been the impact on campaigners, many of
whom also provide support services for survivors. Leyla Hussein
told us that decision-makers have made announcements without consulting
campaigners. She explained that many people, believing mistakenly
that she had had a hand in a Government decision, would criticise
her for it.[31] She added
that there was only so much backlash that campaigners could withstand.[32]
27. The Government needs to be aware of the impact
that its decisions have on FGM campaigners within practicing communities.
We recommend the establishment of an advisory panel of FGM campaigners,
which should be consulted before any major policy decisions are
taken and also act as a sounding board to ensure that sufficient
action is taken. The panel should advise on both the substance
of policy decisions and on the way in which policies are to be
communicated to the target communities, recognising that the final
decision on these matters will rest with ministers.
21 Serious Crime Bill, Research paper RP 14/67, House
of Commons Library, December 2014 Back
22
Explanatory Notes to the Serious Crime Bill, [Bill 136 (2013-14) - EN],
Page 4 Back
23
Ibid. Back
24
Qq 27-28 Back
25
Q36 Back
26
Q62 Back
27
Q46 Back
28
Q104 Back
29
Government response to Female genital mutilation: the case for a national action plan,
Cm 8979, p4 Back
30
"FGM campaigners given Government cash to fight 'cruel practice' in Africa",
Evening Standard, 6 February 2015 Back
31
Q12 Back
32
Q20 Back
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