Consultation Document. Cosmetic piercing of young people. A consultation to get views on how to make cosmetic piercing safer for young people

Transcription

1 Number: WG13714 Welsh Government Consultation Document Cosmetic piercing of young people A consultation to get views on how to make cosmetic piercing Date of issue: 18 October 2011 Action required: Responses by 31 January 2012

2 Overview This consultation meets the following key action in the Programme for Government: consult on the need to introduce legislation to ensure parental consent for cosmetic piercing procedures carried out on young people. The aim of this consultation is to get views on how to make cosmetic piercing. How to respond The closing date for responses is 31 January Responses can be submitted via an online form on our website: healthsocialcare/cosmetic/?lang=en Alternatively, please use the response form at Annex 1 of this consultation document to respond. These responses should be returned either electronically or by post to: cosmeticpiercing@wales.gsi.gov.uk Freepost: Health Protection Division Department for Public Health and Health Professions Welsh Government Freepost NAT 8910 Cathays Park Cardiff CF10 3BR Further information and related documents Large print, Braille and alternate language versions of this document are available on request. The consultation document can be accessed from the Welsh Government website at: cosmetic/?lang=en Data protection How the views and information you give us will be used. Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about. It may also be seen by other Welsh Government staff to help them plan future consultations. The Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. This helps to show that the consultation was carried out properly. If you do not want your name or address published, please tell us this in writing when you send your response. We will then blank them out. Names or addresses we blank out might still get published later, though we do not think this would happen very often. The Freedom of Information Act 2000 and the Environmental Information Regulations 2004 allow the public to ask to see information held by many public bodies, including the Welsh Government. This includes information which has not been published. However, the law also allows us to withhold information in some circumstances. If anyone asks to see information we have withheld, we will have to decide whether to release it or not. If someone has asked for their name and address not to be published, that is an important fact we would take into account. However, there might sometimes be important reasons why we would have to reveal someone s name and address, even though they have asked for them not to be published. We would get in touch with the person and ask their views before we finally decided to reveal the information. Contact details For further information: cosmeticpiercing@wales.gsi.gov.uk Telephone: Crown Copyright 2011

3 Introduction The Welsh Government is committed to improving the health of people in Wales. This consultation meets a key action in the Programme for Government: consult on the need to introduce legislation to ensure parental consent for cosmetic piercing procedures carried out on young people. The Programme for Government was announced by the First Minister for Wales on 27 September Although a cosmetic piercing can generally be reversed (for example the jewellery removed), problems such as swelling, infection, bleeding, allergies, tear or injury are common. Research in England has shown that over 25% of people who have a cosmetic piercing (other than the earlobes) experience problems and around 50% of those consider it serious enough to seek further help 1. Sometimes having a cosmetic piercing can also cause nerve damage and scarring and there is a very small risk of blood viruses such as hepatitis. There have also been very rare cases where people who already had health problems have died following a cosmetic piercing. Currently local authorities in Wales can require cosmetic piercers to register their businesses and to follow rules relating to cleanliness and hygiene. There is however no age restriction for cosmetic piercing and therefore a young person can have a cosmetic piercing without their parent or guardian s permission as long as they understand what they are having done and the risks involved. The consultation aims to seek views on how to make cosmetic piercing in Wales. Definitions Cosmetic piercing means piercing the skin to make a hole to wear jewellery. There are many different areas on the body where a person can have a cosmetic piercing including ears, eyebrows, nose, tongue, lip, and belly button. Intimate cosmetic piercing is a piercing of the nipples or genitals. In this consultation young person means someone under the age of 18. How many people have a cosmetic piercing? Many people have a cosmetic piercing because it is fashionable or to express individuality and some people have cosmetic piercings for religious or cultural reasons. There is no clear information about the number of people in Wales who have had a cosmetic piercing. Cosmetic piercings are known to be more common in younger age groups, particularly young women. A study in England in 2005 found that nearly 50% of women and 13% of men aged reported having a cosmetic piercing other than in their earlobe Bone, A. Ncube, F. Nichols, T and Noah, ND. (2008) Body piercing in England: a survey of piercing at sites other than earlobe. BMJ, 336,

4 What controls are in place in Wales at the moment? In Wales there is currently no age restriction for cosmetic piercing. A young person can have a cosmetic piercing without their parent/guardian s permission as long as they understand what they are having done and the risks involved. This also applies to intimate cosmetic piercing, although for young people under 16 an intimate cosmetic piercing could be classed as an offence depending on the facts of the case. Local authorities in Wales can require cosmetic piercers to register their businesses and to follow rules relating to cleanliness and hygiene. Any business that doesn t register or breaks a rule commits an offence. Health and Safety law requires all employers (including cosmetic piercers) to ensure that their employees and members of the public are not exposed to health and safety risks. Local authorities and the Health and Safety Executive can use improvement and prohibition (stop working) notices where necessary and in serious cases, the law may be used to prosecute businesses. The Health and Safety Executive provide guidance to local authorities on cosmetic piercing. This guidance recommends that local authorities advise cosmetic piercers to put reasonable age restrictions in place to avoid parental conflict, legal problems and improve the cosmetic piercers reputation for high standards. If cosmetic piercers are willing to pierce children under 16 years, the guidance advises local authorities to recommend the attendance of a parent or guardian during a cosmetic piercing. Forms have also been made available to piercing businesses for the purpose of getting written agreement from both the person having the piercing and their parent/guardian (if needed). Cosmetic piercers are expected to follow this guidance but it is only guidance and they don t have to do it by law. What happens in other countries? Scotland - Local authorities have the power to licence and inspect businesses that carry out cosmetic piercing. They also require written parental permission before any cosmetic piercing can be carried out on a young person under 16. The person giving parental permission must also be with the young person when the piercing is done. Northern Ireland There is currently no age restriction for cosmetic piercing. Local authorities can require cosmetic piercers to register their businesses and to follow rules relating to cleanliness and hygiene (this is the same as in Wales). England (outside London) There is currently no age restriction for cosmetic piercing. Local authorities can require cosmetic piercers to register their businesses and to follow rules relating to cleanliness and hygiene (this is the same as in Wales). 2

5 London - Local authorities can require cosmetic piercing businesses to be licensed. Conditions can be attached to licences that may cover age restrictions and the cleanliness and hygiene of premises and equipment. Some local authorities have introduced age restrictions for cosmetic piercing. Outside the UK - Controls over the age at which a young person can have a cosmetic piercing without parental permission are also in place in other parts of the world, for example in parts of the USA and Australia. The intimate cosmetic piercing of young people under 18 is banned in some countries. What changes are we thinking about making? We are thinking about introducing a new law which will cover the following key areas: 1) The need for a parent or guardian to give their permission (both in writing and through attendance at the piercing appointment) before a young person below a certain age can have a cosmetic piercing (we currently think this should be below 16). 2) A clear age restriction for intimate cosmetic piercings. 3) A standard set of questions which must be asked by the piercer before any cosmetic piercing can be done. Below are some reasons to help you understand why we are considering these changes: Parent/guardian permission for young people under 16 would be in line with existing child protection law which recognises the greater independence of young people from 16. The right to leave school, enter the workforce and, quite possibly, live independently are available to young people at 16. Parent/guardian permission for young people under 16 would be in line with what happens in other parts of the UK (Scotland and parts of London). The parent/guardian would have the opportunity to give their permission for the cosmetic piercing to take place (pressure from friends to have a cosmetic piercing may be a reason why some young people have one, so requiring a parent/guardian to be involved may reduce this pressure). The parent/guardian could help the young person to understand what having a cosmetic piercing means, including the possible problems. The parent/guardian could help the young person find a registered piercer to get a piercing done. 3

6 The parent/guardian would be there to support the young person while they are having the piercing done. The parent/guardian could help the young person to look after the piercing and reduce the risk of infection. An age restriction for intimate cosmetic piercings would reduce the number of young people putting themselves in a vulnerable position. We have also considered some reasons against making these changes. These are set out below: There is limited evidence about the risks of cosmetic piercing to young people in Wales. Best practice guidelines for cosmetic piercers (including guidance on age restrictions) have already been developed and registered piercers are expected to use these. Needing parental permission could potentially increase the health risks linked to cosmetic piercing, as young people may try to pierce themselves or each other in an unsafe or unhygienic way. We want to hear your views We have put together some questions that cover the issues we need to think about and these questions can be found on the consultation response form at Annex 1. 4

7 Consultation Response Form Annex 1 The United Nations Convention on the Rights of the Child (UNCRC) For all young people answering the questions, it is important for you to know that as a child or young person you have rights under the UNCRC. Please visit the website to find out more: Your name: Are you under 18?: Yes/No Organisation (if relevant): address: Telephone number: Postal address: Questions NOTE: Questions 1-4 are about cosmetic piercings i.e. ears, eyebrows, nose tongue, lip and belly button Question 1: YES NO Do you think a young person should need a parent/guardian s permission to have a cosmetic piercing? 5

8 Question 2: If yes, up to what age should a young person need their parent/guardian s permission to have a cosmetic piercing? Question 3: YES NO Do you think the parent/guardian s permission should be in writing and through attendance at the piercing appointment? Question 4: YES NO Do you think there are any areas of the body that a young person could have pierced without their parent/guardian s permission?. If you answer yes, please also let us know which areas of the body 6

9 NOTE: Questions 5-8 are about intimate cosmetic piercing (a piercing of the nipples or genitals) Question 5: YES NO Do you think a young person should be allowed to have an intimate cosmetic piercing (even if they have their parent/guardian s permission)? Question 6: If yes, what is the minimum (lowest) age a young person should be to be allowed to have an intimate cosmetic piercing? Question 7: YES NO If the minimum age is below 18 years old, do you think a parent/guardian s permission should be needed? 7

10 Question 8 YES NO If yes, do you think the parent/guardian s permission should be in writing and through attendance at the piercing appointment? NOTE: the remaining questions are relevant for all cosmetic piercings Question 9: Before any cosmetic piercing is done, we think the piercer should talk to the young person (and their parent/guardian) about: Whether the young person being pierced has any health problems that may put them at greater risk if they have the piercing. How the piercing will be done including any possible problems. How to look after the piercing to prevent infection. Question 9a: YES NO Do you agree? 8

11 Question 9b: YES NO Do you agree that this should happen for cosmetic piercings for all ages and not just for cosmetic piercings on young people? Question 9c: Are there any other issues which you think should be discussed by the piercer and the young person (and their parent/guardian)? 9

12 Question 10a: YES NO Do you think there should be a new law to stop: Young people below a certain age having a cosmetic piercing without their parent/guardian s permission? Question 10b: YES NO Do you think there should be a new law to stop: Young people below a certain age having an intimate cosmetic piercing? 10

13 Question 11: What else do you think could be done to make cosmetic piercing? 11

14 Question 12: YES NO Do you think a new law would affect any particular individual or group of people more than others?. Your answer could include any possible effects on businesses, schools, minority groups etc. 12

15 Question 13: If you have any other comments please let us know using the space below. Please return this form to the Welsh Government no later than 31 January address for responses or queries: Postal responses should be sent to: Health Protection Division Department for Public Health and Health Professions Welsh Government Freepost NAT 8910 Cathays Park Cardiff CF10 3BR Telephone contact for enquiries: Stephen Barry. If you would prefer to send your comments to us via an online response form, this is available on the Welsh Government website at: How the views and information you give us will be used Responses to consultations may be made public on the internet or in a report. If you would prefer your response to be kept anonymous (not to say that it came from you) please tick here: 13