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Prohibition of Female Genital Mutilation (Scotland) Act 2005 [S]

This Scottish Executive Act will make it an offence to send a girl abroad for the purpose of female genital mutilation. The bill would also repeal and re-enact the provision of the Female Circumcision Act 1985 for Scotland giving those provisions extra-territorial effect and increasing the maximum penalty.

Female genial mutilation (FGM) involves procedures which include the partial or total removal of the external female genital organs for cultural or other non-therapeutic reasons.

The policy objective of the Act is to strengthen the existing legal protection against FGM in Scotland.

In England, Wales and Northern Ireland, the Female Genital Mutilation Act 2003 repealed and re-enacted the provisions of the Female Circumcision Act 1985. The 2003 Act gave extra-territorial effect and increased the maximum penalty for FGM.

Main provisions of the Bill (as introduced)

Section 1 - Offence of female genital mutilation

This section sets makes it an offence for a person to carry out the specified FGM procedures on another person.

Section 2 - Aiding and abetting female genital mutilation

This section makes it an offence for a person in Scotland to aid, abet, counsel or procure another person to carry out FGM in Scotland.

Section 3 - Extensions of sections 1 and 2 to extra-territorial acts

Section 3 extends sections 1 and 2 so that any of the prohibited acts done outside the UK by a UK national or permanent UK resident will be an offence under domestic law and triable in the Scottish courts.

Section 4 - Penalties for offences

Section 4 increases the maximum penalty from 5 to 14 years imprisonment on conviction.

For more information follow the links to the Bill as introduced and accompanying documents, explanatory notes and policy memorandum.


Timeline

29/10/04 - Bill introduced to Scottish Parliament

Stage 1

Lead Committee
Equal Opportuniites Committee

29/10/04 to 25/02/05 - Committee takes evidence on general principles of Bill at their meetings on 30 November 2004; 14 December 2004; 11, 18 January 2005; 1, 22 February 2005

25/02/05 - Stage 1 Report on Bill is published (see link for more information) - Committee recommends that Parliament agrees the principles of the Bill at Stage 1.

03/03/05 - Bill passed at Stage 1 - see related link for more information

Stage 2

Equal Opportunities Committee on 12 April 2005

05/05 - Bill reprinted as amended at Stage 2

Stage 3

26/05/05 Bill passed01/07/05 - Bill received royal assent

Further Information

  1. Prohibition of Female Genital Mutilation (Scotland) Bill Policy Memorandum
  2. Prohibition of Female Genital Mutilation (Scotland) Bill (as introduced)
  3. Prohibition of Female Genital Mutilation (Scotland) Bill as amended at Stage 2
  4. Prohibition of Female Genital Mutilation (Scotland) Bill Explanatory Notes