Female genital mutilation (FGM) is removing or damaging female genitalia for non-medical reasons.
FGM is illegal in Scotland. It’s been illegal in the UK since 1985.
This Bill amends the Prohibition of Female Genital Mutilation (Scotland) Act 2005. It aims to strengthen the legal protection of those at risk of FGM.
This is a Government bill
The Bill became an Act on 24 April 2020
This Bill was passed and is now an Act of the Scottish Parliament.
Female genital mutilation (FGM) is removing or damaging female genitalia for non-medical reasons.
FGM is illegal in Scotland. It’s been illegal in the UK since 1985.
This Bill amends the Prohibition of Female Genital Mutilation (Scotland) Act 2005. It aims to strengthen the legal protection of those at risk of FGM.
The Bill allows courts to impose new FGM Protection Orders. These can impose conditions or requirements to:
It will be a criminal offence to breach an FGM Protection Order.
The Bill requires Scottish Ministers to issue guidance about FGM Protection Orders. It also allows Scottish Ministers to issue guidance on anything else about preventing FGM.
FGM is a crime in Scotland, but there have been no criminal prosecutions.
The Scottish Government wants to strengthen the legal protection for women and girls who have been subjected to, or who are at risk of, FGM.
FGM has no health benefits. All forms of female genital mutilation carry serious health consequences, including death.
No religion requires FGM and it's not limited to any religious group.
Global migration means that FGM is found all over the world. It's practised across different continents, countries and communities.
Female Genital Mutilation (Protection and Guidance) (Scotland) Bill as introduced (277KB, pdf) posted 02 August 2019
Explanatory Notes (182KB, pdf) posted 02 August 2019
Policy Memorandum (244KB, pdf) posted 02 August 2019
Financial Memorandum (253KB, pdf) posted 02 August 2019
Delegated Powers Memorandum (130KB, pdf) posted 02 August 2019
Statements on legislative competence (86KB, pdf) posted 02 August 2019
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
SPICe briefing on the Female Genital Mutilation (Protection and Guidance) (Scotland) Bill
The Bill was introduced on 29 May 2019
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Equalities and Human Rights Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
The deadline for sharing your views on this Bill has passed.
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
A Stage 1 debate took place on 18 December 2019 to consider and decide on the general principles of the Bill.
See further details of the motion
The Bill ended Stage 1 on 18 December 2019
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting held on 23 January 2020:
First Marshalled List of Amendments for Stage 2 (241KB, pdf) posted 21 January 2020
First Groupings of Amendments for Stage 2 (225KB, pdf) posted 21 January 2020
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Revised Explanatory Notes (192KB, pdf) posted 12 March 2020
The Bill ended Stage 2 on 23 January 2020
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting held on 19 March 2020:
First Marshalled List of Amendments for Stage 3 (178KB, pdf) posted 19 March 2020
Timed Groupings of Amendments for Stage 3 (195KB, pdf) posted 19 March 2020
A Stage 3 'Marshalled List' is a list of all the amendments that have been proposed at Stage 3 and that have been selected by the Presiding Officer. They are listed in the order in which they will be called by the Presiding Officer and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 84 for, 0 against, 0 abstained, 45 did not vote Vote Passed
See further details of the motion
Printing changes are changes to the text of a Bill. It will not change the legal effect of the Bill.
Female Genital Mutilation (Protection and Guidance) (Scotland) Bill: printing changes after Bill as passed (102KB, pdf) posted 20 April 2020
The Bill ended Stage 3 on 19 March 2020
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts come into force straight after Royal Assent. Some only come into force on a later date. Sometimes different bits of the same Act come into force on different dates.