Strengthening protection from female genital mutilation (FGM): analysis of consultation responses

28 May 2019

Article: 53/2106

On 24 May 2019, the Scottish Government published an analysis of responses to its consultation on strengthening protection from female genital mutilation (FGM).

The consultation, which ran from 4 October 2018 to 4 January 2019, was primarily concerned with gauging perspectives on five legislative provisions in relation to FGM already adopted in England and Wales via the Serious Crime Act 2015. These legislative provisions concerned: 

  • the provision of anonymity of victims of FGM 
  • the creation an offence of failing to protect a girl from the risk of FGM 
  • the introduction of FGM protection orders (FGMPO) 
  • the introduction of a duty to notify police of FGM 
  • the introduction of statutory guidance relating to FGM

The proposed creation of FGMPOs received strong support, as respondents considered this to be a fast, responsive and proven method for reducing the risk to potential victims, with reference to Forced Marriage Protection Orders (FMPO).  Respondents who recommended a sentence for breach of FGMPO were split between those that thought penalties should resemble those for FMPOs, and others who supported sentences in line with grievous bodily harm (GBH).

Source: Scottish Government, 24 May 2019