Dáil debates

Wednesday, 1 May 2024

Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Report and Final Stages

 

3:30 pm

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 1:

In page 14, between lines 29 and 30, to insert the following:
“ “vulnerable person” means a person who has—

(a) a physical disability,

(b) a mental or intellectual disability, or

(c) a mental illness,

which is of such a nature or degree as to severely restrict the person to guard himself

or herself against serious exploitation.”.

I will speak to this group together. The intention is to replace outdated terminology in the Criminal Law (Human Trafficking) Act 2008 and ensure this carries through to this new Bill. These amendments replace the term "mentally impaired" with the more appropriate "vulnerable person" and includes a definition of this. Terms elsewhere have also been aligned with this for consistency. The amendments also serve to ensure that a lower threshold applies to trafficking offences committed against a vulnerable person. It is not necessary to prove that a vulnerable person was, for example, coerced or deceived into a trafficking situation and this is in recognition of their particular circumstances. These amendments aim to ensure the vulnerable persons are appropriately safeguarded in our legislation.

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