EO/S2/05/01/A EQUAL OPPORTUNITIES COMMITTEE AGENDA 1st Meeting, 2005 (Session 2) Tuesday 11 January 2005 The Committee will meet at 10.00 am in Committee Room 1. 1. Prohibition of Female Genital Mutilation (Scotland) Bill: The Committee will hear evidence at Stage 1 from— Councillor Irene Graham, Moira McKinnon, Ann Marie Mullaney and Jean Murphy, Glasgow City Council 2. Proposed Commissioner for Older People (Scotland) Bill: The Committee will consider a statement of reasons for not consulting on the draft proposal and will take evidence from— Alex Neil MSP; and Claire Menzies Smith, Non-Executive Bills Unit. 3. Subordinate Legislation: The Committee will consider the following negative instrument— the Race Relations Act 1976 (Statutory Duties) (Scotland) Amendment Order 2004, (SSI 2004/521). ****** The following papers are attached: Agenda Item 1 EO.S2.05.01.01(P) - Private briefing paper EO.S2.05.01.02 - Submission from Glasgow City Council to the Scottish Executive Agenda Item 2 EO.S2.05.01.03(P) - Private briefing paper EO.S2.05.01.04 - Paper on the proposed Commissioner for Older People (Scotland) Bill Agenda Item 3 EO.S2.05.01.05 - Paper on SSI 2004/521 Race Relations Act 1976 (Statutory Duties) (Scotland) Amendment Order 2004 Steve Farrell Clerk to the Committee Tel: 0131 348 5211 email: [email protected] EO.S2.05.01.02 SUBMISSION FROM GLASGOW CITY COUNCIL TO THE SCOTTISH EXECUTIVE Female Genital Mutilation – Draft Bill 1. Glasgow City Council welcomes the opportunity to comment on the draft Female Genital Mutilation (Scotland) Bill which will close the current gap in Scots Law and align the legal position in Scotland with that of England and Wales. More women in Glasgow are affected by this issue than anywhere else in Scotland and therefore it is appropriate that Glasgow’s views are taken into account. However, due to the tight timescale, there has not been time to consider the document through the Council’s committee structure. Therefore this response has been prepared by officers on behalf of the Council in consultation with the Council’s Equalities convener. 2. We endorse the position of the Executive in subscribing to the United Nations General Assembly definition of Violence Against Women which places Female Genital Mutilation (FGM) on a continuum of gender based violence which causes physical, sexual and/or psychological harm to girls and young women. The World Health Organisation estimates that every year two million women undergo some form of genital mutilation. FGM is a violation of women’s and girls’ human rights and its effects can last for the rest of their lives. The practice can lead to severe pain, infection, excessive scar tissue, problems with childbirth and even death. Additionally, women report feelings of anxiety, terror, humiliation and betrayal. 3. The Council is committed to tackling all forms of violence against women and we would agree that the current law in Scotland in relation to FGM requires to be strengthened. African women living in Glasgow report pressure on them from families in Africa to send their daughters abroad for FGM to countries where the practice is legal. Widening the law to make it an offence to take a girl or woman abroad for the purposes of FGM would close this loophole and help to eradicate this dangerous tradition. 4. Whilst supporting the draft Bill, we would wish to comment on the following points:- 5. Section 1(a) identifies the circumstances where no offence is committed by an approved person who performs “a surgical operation on another person which is necessary for that other person’s physical or mental health”. It is assumed the mental health aspect of this section is to ensure there is no difficulty for women who wish to undergo sex reassignment surgery. Perhaps this should be mentioned specifically to close a loophole where the legislation may be open to abuse. 6. The addition of the phrase “for the purpose of determining whether an operation is necessary for the mental health of a person, it is immaterial whether that or any other person believes that the operation is required as EO.S2.05.01.02 a matter of custom or ritual” is a helpful inclusion in the Bill although it is potentially difficult to enforce. This safeguard within the legislation will require close scrutiny and rigorous application. Whilst the World Health Organisation condemns the practice of FGM there is some evidence to suggest that in some countries, the practice is being medicalised and therefore legitimised. 7. Section 3(a) and Section 6 define those who would be protected under the Bill as a United Kingdom national or permanent United Kingdom resident. It would therefore appear that the provisions of the Bill will not apply to women and girls who are seeking asylum or those who have been granted Indefinite Leave to Remain/Humanitarian Protection. Many of these women and children are likely to come from countries where Female Genital Mutilation is commonly carried out and could be in a position of significant risk but will not be afforded legal protection on an equitable basis. This position would be extremely concerning for Glasgow and we would urge the Executive to ensure that the legal framework explicitly recognises the needs of and ensures the protection of all women and girls under Immigration Control. 8. As part of the African Caribbean Network in the City, the Somali Women’s Association has expressed its desire to work with the Council and other partners to raise awareness of this issue and its devastating impact on girls and young women. The Council will continue to support the group and views the introduction of this Bill as an essential tool to provide girls and women with additional protection and as a route to increase education and awareness raising. 9. We are also aware that the group has met with the First Minister to discuss FGM and other support needs for girls and women. Resources to appropriately empower these vulnerable women and increase their capacity to collectively work in partnership with others on this agenda will now be required. 10. Should you require any further information or clarification about the contents of this response, please contact Jean Murphy, Senior Policy Development Officer, on 0141 287 5914. George Black Chief Executive August 2004 EO.S2.05.01.04 EQUAL OPPORTUNITIES COMMITTEE Tuesday, 11 January 2005 Commissioner for Older People (Scotland) Bill Introduction 1. Alex Neil MSP intends to lay a proposal for a Member’s Bill to establish a Commissioner for Older People with duties to protect and further their rights and interests. 2. Standing Orders governing Members’ Bills changed on 12 November 2004, following a debate on the Procedures Committee’s 6th Report, 2004, A new procedure for Members’ Bills. 3. Alex Neil will attend the meeting to take any questions the Committee might have. Process 4. The new Rules establish a two-part process under which Members submit a draft proposal, which is normally consulted upon, and then a final proposal. This final proposal requires the support of at least 18 members from at least half the Parliamentary Bureau parties or groups, within 1 month, to enable it to proceed to Stage 1. 5. If a draft proposal is not to be accompanied by a consultation, the Member must provide a ‘statement of reasons’ why not. This is then referred to a Committee for consideration. 6. Alex Neil’s draft proposal is attached at Annex A. The statement of reasons is attached at Annex B. Alex Neil is currently conducting a consultation exercise on his proposed Bill with a closing date of 14 January 2005. The consultation document is attached at Annex C, together with a list of those consulted. 7. The question for this meeting is only whether there has been enough consultation on the proposal to enable its merits to be properly assessed at later stages. Members are not invited to consider the principles or content of the Bill at this point. The decisions available to the Committee are: • that the Committee is satisfied with the statement of reasons provided and that the Bill may proceed to a final proposal; or • that the Committee is not satisfied with the statement of reasons provided and that further consultation must take place or the proposal will fall. 1 EO.S2.05.01.04 8. In making this decision, members will wish to consider whether the consultation was: • appropriately worded, open to critical as well as supportive feedback; • sent to a sufficiently wide range of groups and organisations (not just those already inclined to support it); • open to responses for a reasonable period. Action 9. Members are invited to decide whether or not they are satisfied with the statement of reasons attached to the draft proposal for the Commissioner for Older People (Scotland) Bill. Steve Farrell Clerk to the Committee January 2005 2 ANNEX A EO.S2.05.01.04 Draft proposal Alex Neil MSP: Proposed Commissioner for Older People (Scotland) Bill—Draft proposal for a Bill to establish a Commissioner for Older People with duties to protect and further their rights and interests. (7 December) The statement of reasons why, in the member’s opinion, further consultation is not necessary for the draft proposal can be found on the Bills page of the Parliament’s website and in SPICe 3 ANNEX B EO.S2.05.01.04 Statement of Reasons by Alex Neil MSP In relation to my draft proposal for a Bill, the Commissioner for Older People (Scotland) Bill, I do not consider that consultation on the draft for 12 weeks from the date of lodging is required for the following reasons: I have produced and issued a consultation paper on the creation of an Older People’s Commissioner.