I shall certainly go back and think about what the noble Baroness has said. There is no provision in law for condoning something, and that is what she suggesting. Perhaps I could clarify it with her further. I apologise if I have not quite answered her question.
Can we now move on to Amendment 40CA from the noble Lord, Lord Rosser? He talked about the same anonymity being applied to victims of FGM
that already applies to victims of other sexual offences. This follows a recommendation by the Director of Public Prosecutions. FGM is an offence of a particularly personal and sensitive nature, and the DPP believes that it is important that its victims should know that their identity will be protected if a prosecution takes place. The DPP has argued: that this protection needs to be guaranteed, rather than discretionary; that it should apply from the outset, when an allegation is first made, rather than from the point of charge; and that it should last indefinitely. The director believes that such anonymity would go far to encourage the further reporting of this offence.
These are powerful arguments, and we are considering them carefully. In doing so, we will also take account of the fact that, in its recent report on FGM, the Home Affairs Select Committee endorsed the DPP’s proposal. There are some questions that we need to resolve, but I assure your Lordships that the Government see the force of the argument, and I am confident that they shall shortly be in a position to announce their conclusions.
Going back to the noble Baroness, Lady Meacher, I have just been given an additional note. I will read it out: “Where the general encouragement of FGM related to a specific act, constituting an offence would depend on the circumstances of the case, but we believe such conduct could be covered”. If that still does not answer her question I am happy to write to her. But on the basis of everything I have said, and in the knowledge that we can and should return to this issue on Report, I hope that the noble Lord, Lord Rosser, and the noble Baroness, Lady Meacher, will be content at this stage not to press their amendments.