Why has there never been a successful prosecution for female genital mutilation in the UK?

There haven't been any convictions for FGM in the UK since it was criminalised 28 years ago, a remarkable fact that has led to the formation of a new Home Affairs Committee chaired by Keith Vaz MP.

As long ago as 1952 the UN Commission on Human Rights condemned the practice of female genital mutilation (FGM), and in 1985 the Prohibition of Female Circumcision Act criminalised it in England and Wales. These little-reported matters should hardly come as a surprise. FGM is a barbaric act, borne out of historic customs developed in male-dominated societies obsessed with female virginity. It is cruel and brutal by almost any standards.

Yet, according to last month’s report by the Royal College of Midwives, there are over 66,000 victims in England and Wales. So, one stunning question must be asked: why has not a single person in England or Wales been successfully prosecuted since FGM was criminalised 28 years ago?

That is the key question behind the major inquiry to be chaired by Keith Vaz MP, announced by the Home Affairs Committee on 18th December. The common perception is that FGM and Islam go hand-in-hand, but many Muslims and academics argue that the practice is a cultural rather than religious one. This contention has traction. The practice is condemned even in Saudi Arabia, and outside the UK FGM shows a clearer link with poverty than with Islam. For instance, it is practised in pockets of Africa far outside the reaches of Sharia.

Then again, the practice is widespread in the Muslim-dominated Middle East, and most religions, and perhaps especially Islam, are not only a matter of theology but also of culture. Indeed, the best that some Muslim clerics will do is to condemn only some types of FGM while refusing to apologise for what they consider to be Islamic approval of one particular method, sunna circumcision.

But while there is debate about the link between Islamic communities and FGM abroad, the relationship in Britain appears much clearer. And perhaps it is the significance of that fact that must be recognised by any investigation into the reasons behind the lack of criminal prosecutions. 

I am not the first person to observe that many liberal intellectuals seem incapable of viewing Islam as anything other than as victim. What it is about the world’s most totalitarian religion that has liberals scurrying to defend it is hardly within the scope of this article. Suffice it to say, there is a ready-made army with an arsenal of laptops and access to highbrow media, ready to condemn any policy of criminal prosecutions that can be accused of failing to take into account the sensibilities of Muslim communities.

And how many times have we encountered those shouting for the rights of women, but who fail to raise their voices when the oppressed happen to be Muslim? Is female subservience really to be tolerated so long as it is perpetuated in the name of a rabidly male-dominated religion? As a result, the police, the CPS and even government must tread carefully, knowing that any ingress in this arena is ripe for frenzied accusations of racism and Islamophobia. 

But what on earth would right-minded people say if it was little white English girls that were being mutilated? Howls of protest would rightly echo through society and prosecutions would undoubtedly follow. Surely if the ethnicity of the victims is a factor behind the failure to prosecute in the face of mounting awareness of FGM, such inaction would be a more worthy target of allegations of racism than would a robust policy of investigation and prosecution.

Perhaps the real difficulty lies in detection. Of course, the physical signature left on victims means that detection should be straightforward, but only at the cost of a gross invasion of the privacy of the girls in question. 

One can imagine how a programme of investigations could be carried out as a matter of routine in primary schools when girls reach a particular age, perhaps five or six. But how can one devise a screening system that avoids taunts of racism but that would not see entire schools needlessly checked merely to avoid those accusations in the first place?

As a practising barrister, I am frustrated when I see a lacuna in the law that facilitates unconscionable conduct. But that is nothing compared with the anger we should feel as parents and as UK citizens when we see vital laws rendered wholly ineffective and child abuse go unpunished as a result. 

Those who live in our country have the right to be protected from FGM just as much as from the likes of forced marriage and honour killings. And young victims unaware that they are victims, and who don’t cry for help because they don’t realise they need it, are the ones most in need of the state’s protection. 

So here’s hoping that Keith Vaz’s inquiry helps to put matters right before the damning statistics unveiled by the Royal College of Midwives are weighed down by a further 66,000 victims.

The Royal Courts of Justice in London, UK. (Photo: Getty)
Show Hide image

An unmatched font of knowledge

Edinburgh’s global reputation as a knowledge economy is rooted in the performance and international outlook of its four universities.

As sociologist-turned US Senator Daniel Patrick Moynihan recognised when asked how to create a world-class city, a strong academic offering is pivotal to any forward-looking, ambitious city. “Build a university,” he said, “and wait 200 years.” He recognised the long-term return such an investment can deliver; how a renowned academic institution can help attract the world. However, in today’s increasingly globalised higher education sector, world-class universities no longer rely on the world coming to come to them – their outlook is increasingly international.

Boasting four world-class universities, Edinburgh not only attracts and retains students from around the world, but also increasingly exports its own distinctively Scottish brand of academic excellence. In fact, 53.9% of the city’s working age population is educated to degree level.

In the most recent QS World University Rankings, the University of Edinburgh was named as the 21st best university in the world, reflecting its reputation for research and teaching. It’s a fact reflected in the latest UK Research Exercise Framework (REF), conducted in 2014, which judged 96% of its academic departments to be producing world-leading research.

Innovation engine

Measured across the UK, annual Gross Value Added (GVA) by University of Edinburgh start-ups contributes more than £164m to the UK economy. In fact, of 262 companies to emerge from the university since the 1960s, 81% remain active today, employing more than 2,700 staff globally. That performance places the University of Edinburgh ahead of institutions such as MIT in terms of the number of start-ups it generates; an innovation hothouse that underlines why one in four graduates remain in Edinburgh and why blue chip brands such as Amazon, IBM and Microsoft all have R&D facilities in the city.

One such spin out making its mark is PureLiFi, founded by Professor Harald Haas to commercialise his groundbreaking research on data transmission using the visible light spectrum. With data transfer speeds 10,000 times faster than radio waves, LiFi not only enables bandwidths of 1 Gigabit/sec but is also far more secure.

Edinburgh’s universities play a pivotal role in the local economy. Through its core operations, knowledge transfer activities and world-class research the University generated £4.9bn in GVA and 44,500 jobs globally, when accounting for international alumni.

With £1.4bn earmarked for estate development over the next 10 years, the University of Edinburgh remains the city’s largest property developer. Its extensive programme of investment includes the soon-to-open Higgs Centre for Innovation. A partnership with the UK Astronomy Technology Centre, the new centre will open next year and will supply business incubation support for potential big data and space technology applications, enabling start-ups to realise the commercial potential of applied research in subjects such as particle physics.

It’s a story of innovation that is mirrored across Edinburgh’s academic landscape. Each university has carved its own areas of academic excellence and research expertise, such as the University of Edinburgh’s renowned School of Informatics, ranked among the world’s elite institutions for Computer Science. 

The future of energy

Research conducted into the economic impact of Heriot-Watt University demonstrated that it generates £278m in annual GVA for the Scottish economy and directly supports more than 6,000 jobs.

Set in 380-acres of picturesque parkland, Heriot-Watt University incorporates the Edinburgh Research Park, the first science park of its kind in the UK and now home to more than 40 companies.

Consistently ranked in the top 25% of UK universities, Heriot-Watt University enjoys an increasingly international reputation underpinned by a strong track record in research. 82% of the institution’s research is considered world-class (REF) – a fact reflected in a record breaking year for the university, attracting £40.6m in research funding in 2015. With an expanding campus in Dubai and last year’s opening of a £35m campus in Malaysia, Heriot-Watt is now among the UK’s top five universities in terms of international presence and numbers of international students.

"In 2015, Heriot-Watt University was ranked 34th overall in the QS ‘Top 50 under 50’ world rankings." 

Its established strengths in industry-related research will be further boosted with the imminent opening of the £20m Lyell Centre. It will become the Scottish headquarters of the British Geological Survey, and research will focus on global issues such as energy supply, environmental impact and climate change. As well as providing laboratory facilities, the new centre will feature a 50,000 litre climate change research aquarium, the UK Natural Environment Research Council Centre for Doctoral Training (CDT) in Oil and Gas, and the Shell Centre for Exploration Geoscience.

International appeal

An increasingly global outlook, supported by a bold international strategy, is helping to drive Edinburgh Napier University’s growth. The university now has more than 4,500 students studying its overseas programmes, through partnerships with institutions in Hong Kong, Singapore, China, Sri Lanka and India.

Edinburgh Napier has been present in Hong Kong for more than 20 years and its impact grows year-on-year. Already the UK’s largest higher education provider in the territory, more than 1,500 students graduated in 2015 alone.

In terms of world-leading research, Edinburgh Napier continues to make its mark, with the REF judging 54% of its research to be either world-class or internationally excellent in 2014. The assessment singled out particular strengths in Earth Systems and Environmental Sciences, where it was rated the top UK modern university for research impact. Taking into account research, knowledge exchange, as well as student and staff spending, Edinburgh Napier University generates in excess of £201.9m GVA and supports 2,897 jobs in the city economy.

On the south-east side of Edinburgh, Queen Margaret University is Scotland’s first university to have an on-campus Business Gateway, highlighting the emphasis placed on business creation and innovation.

QMU moved up 49 places overall in the 2014 REF, taking it to 80th place in The Times’ rankings for research excellence in the UK. The Framework scored 58% of Queen Margaret’s research as either world-leading or internationally excellent, especially in relation to Speech and Language Sciences, where the University is ranked 2nd in the UK.

In terms of its international appeal, one in five of Queen Margaret’s students now comes from outside the EU, and it is also expanding its overseas programme offer, which already sees courses delivered in Greece, India, Nepal, Saudi Arabia and Singapore.

With 820 years of collective academic excellence to export to the world, Edinburgh enjoys a truly privileged position in the evolving story of academic globalisation and the commercialisation of world-class research and innovation. If he were still around today, Senator Moynihan would no doubt agree – a world-class city indeed.

For further information www.investinedinburgh.com