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The first time that the FGM
bill was presented to Parliament in 1982 it was defeated,
the reason being that it would alienate minority groups, and
that action taken against individuals would be construed as
being racist, and also the numbers affected by FGM were not
known at this time.
In 1985 the Government
introduced the Prohibition of Female Circumcision Act making
FGM illegal in England Ireland and Wales. The law made it
illegal to:
“Excise, infibulate or
otherwise mutilate the whole or any part of the labia majora
or minora or clitoris of another person or to aid abet
counsel or procure the performance by another person of any
of those acts on that other person own body” (Para 1a).
The penalty was £1000 fine or
a term of imprisonment not exceeding 6 months or both.
The Children Act 1989
The government passed the
Children Act 1989 to protect children. This act was an
attempt to amalgamate existing laws into one comprehensive
law. The act did not specifically mention FGM.
Working together to Safeguard Children
In 1999, Working together to
safeguard children was produced this document sets out
guidelines on how all agencies and professionals should work
together to promote children’s welfare and protect them from
abuse and neglect. The guidelines provide a framework for
local authorities which will help deal with issues of child
protection. FGM is specifically mentioned in the chapter
“Child protection in specific circumstances” It states that
Local authorities may exercise their powers under Section 47
of the Children act if they believe that a child is likely
to be or has been the subject of FGM.
Female Genital Mutilation Act 2003
Due to a loophole in the 1985
bill it soon became clear that this would allow communities
to take daughters home ‘on holiday’ to have FGM performed
there.
In 2003, a private members
bill supported by the Government was legislated, it was
enacted in March 2004. The amended Law is called the Female
Genital Mutilation Act 2003. This made it illegal to take
girls who are UK nationals or UK permanent residents out of
the UK for the sole purpose of FGM.
This protection applies
irrespective of the legislation in the country to which the
girl maybe removed to. The maximum prison sentence was
increased to 14 years. |
