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)
Photo: Getty
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Is Britain about to leave the European Union?

A series of bad polls have pro-Europeans panicked. Are they right?

Is this what Brexit looks like? A batch of polls all show significant movement towards a Leave vote. ORB, a phone pollster, has Leave up four points to 46 per cent, with Remain’s leave cut to four points. ICM’s online poll has Leave up three points, putting Brexit ahead of Remain by 52 per cent to 48 per cent once don’t-knows are excluded. ICM’s phone poll shows Leave up six points, a Brexit lead of three points.

That two phone polls are showing advances for Leave are particularly significant, as telephone polling has tended to show lower figures for Brexit. There is a lively debate over which method, phone or online, is likely to be more effective at predicting the referendum, although no-one knows for certain at the present time.

In any case, whether on the telephone or the Internet, the latest polls have pro-Europeans worried, and Brexiteers jubilant. Who’s right?

There are reasons to start trusting the polls, at least as far as voter ID is concerned

So far, the performances of the political parties in local elections and by-elections has been about par with what we’d expect from the polls. So the chances are good that the measures taken post-2015 election are working.

Bank holidays are always difficult

I would be deeply cautious of reading too much into three polls, all of which have been conducted over the bank holiday weekend, a time when people go out, play with their kids, get wasted or go away for a long weekend. The last set of bank holiday polls gave Ed Miliband’s Labour party  large leads, well outside the average, which tended to show the two parties neck-and-neck.

Although this time they might be more revealing than we expect

One reason why the polls got it wrong in 2015 is they talked to the wrong type of people. The demographic samples were right but they were not properly representative. (Look at it like this – if my poll includes 18 actors who are now earning millions in cinema, I may have a representative figure in terms of the total number of Britain’s millionaires – but their politics are likely to be far to the left of the average British one percenter, unless the actor in question is Tom Conti.)

Across telephone and online, the pollsters talked to people who were too politically-motivated, skewing the result: Ed Miliband’s Labour party did very well among young people for whom Thursday night was a time to watch Question Time and This Week, but less well among young people for whom Thursday is the new Friday.  The polls had too many party members and not enough party animals.

But the question no-one can answer is this: it may be that differential turnout in the European referendum means that a sample of hyper-politicos is actually a better sample than an ordinary poll. Just as the polls erred in 2015 by sampling too many political people, they may be calling the referendum wrong in having too many apolitical people.

These three polls aren’t the scariest for Remain released today

IpsosMori released a poll today, taken 15 days ago and so free from any bank holiday effect, without a referendum voting intention question, but one taking the temperature on which issues the British public believe are the most important of the day.

Far from growing more invested in the question of Britain’s European Union membership as the campaign enters its terminal phase, concern about the European Union has flatlined at 28 per cent – within the margin of error of last month’s IpsosMori survey, which put Britain at 30 per cent. The proportion who believe that it is the biggest single issue facing Britain today also remains static at 16 per cent. Evidence of the high turnout necessary to avert Brexit seems thin on the ground.

Pro-Europeans should be further worried by the identity of the groups that are concerned about the European Union. Conservative voters, the over-65s and people from social grades A (higher managerial, administrative and professional workers) and B (intermediate managerial, administrative and professional workers), are more concerned about the European Union than the national average. The only one of those three groups that is more likely to favour Remain over Leave are ABers, while Conservative voters and the over-65s are likely to vote for Brexit over the status quo.

Among the demographics who are least concerned about the European Union, the only pro-Brexit group that is significantly less concerned about EU membership than the national average are people from social grades D (semi-skilled and unskilled manual workers) to E (state pensioners, casual workers and jobseekers). The other groups that are least concerned with the European Union are people who live in urban areas and people aged from 18 to 24, the two most pro-European demographics.

The prospects of a Brexit vote are rather better than the betting odds would suggest. 

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.