Serious Crime Bill [HL] — House of Lords, 2015-03-02
Topic: Civil Rights
Susan Williams (Conservative, Centre-right): My Lords, it is probably best to start with the point that not only is FGM illegal but it has been illegal for 30 years, and that all healthcare professionals—indeed, all professionals —who come into contact with children have a general safeguarding duty to those children. That is the underlying issue within the law, and it has been so, as I said, for three decades. As noble Lords have said, FGM is a terribly complex issue, and there are things beyond the law that we also need to do in terms of changing the culture and the practice of FGM I will start with the points made by the noble Lord, Lord Patel. The mandatory duty to report has actually received support from organisations such as the Royal College of Nursing and the Royal College of Midwives, but the noble Lord pointed out the concerns raised by the BMA. It has actually been supportive of the majority of the FGM measures in the Bill but it has highlighted some concerns in respect of the mandatory reporting duty, particularly what it means for victims. The Government appreciate that introducing a mandatory reporting duty will impact on many different sectors, and we recognise that this is very complex. However, we believe that it will be an important step forward in tackling FGM FGM is already a hidden crime, and introducing a clear mandatory duty will provide clarity for professionals on their responsibilities to report to the police. It will also lessen the onus on the girls to report FGM by putting responsibility on those whose job it is to safeguard girls who have been victims of what is a crime and what is child abuse. Of course, we recognise that there are existing legal and professional responsibilities in relation to safeguarding, and the new duty will have to be seen in the context of the existing statutory guidance—for example, Working Together to Safeguard Children. Some concern has been expressed that the duty may act as a barrier to individuals accessing healthcare services. The Government recognise this risk, which is why we are clear that there will be no requirement for professionals to work outside their usual professional duties to actively seek out cases of FGM. We have focused the duty on known cases of FGM rather than suspected ones, and the new FGM unit working with government departments is conducting a programme of outreach with professionals and front-line communities, which will explain how the new duty, in tandem with other government reforms, will work in practice. We are also updating the multiagency guidelines on FGM and putting them on a statutory basis to support effective implementation of the duty There were also concerns about cases being referred to the police and the fear that this may act as a further deterrent to individuals accessing services. The Government have carefully considered the options for when referrals should be made, and we recognise that cases have both a criminal and a safeguarding element. FGM is a criminal offence and we therefore believe that the most appropriate reporting route is via the police. However, I reassure noble Lords that a report to the police will not necessarily immediately trigger a criminal investigation: when a report is made, the police will work with the relevant agencies to determine the most appropriate course of action. In preparing to introduce the duty, we will work closely with the police to ensure that a clear reporting system is in place prior to its introduction. In addition, we will have ensured that there is a reasonable timeframe within which professionals are required to make the report to the police, to allow time for consultation with other agencies in sensitive or complex cases Finally, I confirm that the Government will ensure that there is adequate time for consultation with stakeholders prior to the introduction of statutory guidance I again apologise to the House for the confusion about the provisions relating to legal aid. The relevant amendments in this group are indeed Commons Amendments 50 and 51. I think the noble Baroness, Lady Smith, asked what legal aid will be available for orders made in criminal proceedings. The Commons amendments make civil legal aid available for victims and third parties who may wish to apply, vary or discharge an FGM protection order.