Female genital mutilation protections to be strengthened by new bill
A bill to add to the protections for women and girls at risk of female genital mutilation ("FGM") has been introduced to the Scottish Parliament.
The Scottish Government measure would add FGM protection orders as a form of civil order to reduce the risk of FGM, along with a duty on ministers to issue statutory guidance on such orders and a power to issue more general guidance, to which people exercising public functions would be obliged to have regard.
Papers published with the bill disclose that no FGM prosecutions have been brought in Scotland despite the practice having been a criminal offence since 1985, and a 2014 Scottish Refugee Council report that around 24,000 people living in Scotland were born in a country where FGM was practised to some extent.
However between 2013 and 2016 there were 52 referrals or child welfare concerns made to the police from partner agencies about FGM, which initiated an inter-agency discussion, due to concerns that girls were at risk of being subjected to FGM. No actual instances were found.
Since 2015, 321 protection orders have been made in England & Wales, for example where girls were considered to be at risk of being taken abroad for FGM to be carried out, and consultation has shown strong support in Scotland for similar powers.
Under the bill, an order could be applied for by a person at risk of or who has been subjected to FGM, local authorities, the chief constable, the Lord Advocate, or any other person with the court's permission. The court would be able to impose prohibitions, restrictions or requirements in an order that it considered appropriate, including requiring a person to give up their passport or restrict them from taking a protected person to a specified place, including outwith Scotland. Breach of an order would be a criminal offence.
Emma Currer, National Officer for Scotland at the Royal College of Midwives commented: "This is a welcome move by the Scottish Government. This will support our aim of ending FGM in Scotland.
"The proposed statutory guidance is also welcome. This will enable all professionals and agencies to better support those affected by FGM. It will also foster a more consistent approach across Scotland in line with the legislation.
"We are disappointed that the bill does not include mandatory reporting of FGM to the police, as is the case now in England. FGM is illegal and it is a crime perpetrated against women and girls. We need to see those responsible for doing it held to account before the law.
"We are making progress but there is still much to do though to stop this violence against women and girls and we cannot relax our efforts. Many girls and women here in Scotland and across the UK continue to be at risk."