Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

My home town of Buncrana has an interesting link with the fight to end slavery. On 8 April 1748 a slave trader named John Newton limped into Lough Swilly on his boat The Greyhound and miraculously survived a storm. He would go on to become famous as the author of the hymn "Amazing Grace".

The first few lines are evidence of the miracle: "Amazing grace! How sweet the sound/That saved a wretch like me." He was a wretch. He was a slave trader. He was an awful man but his life was turned around by that moment of salvation for himself and his crew, not immediately but over time. He went on to work with William Wilberforce, one of the greatest parliamentarians of all time, who campaigned, from his early days in parliament and throughout his life, to bring an end to the slave trade in Britain. What John Newton brought was the seal of a man who had been responsible for absolute brutality towards, and horrendous treatment of, so many people, taking them from Africa across to the British colonies and trading and moving them around as so many others did. Wilberforce worked with him and the abolitionists against all the odds. There is a film called "Amazing Grace" which does great justice to their story. There are scenes of Wilberforce in parliament confronting members of parliament who represented traders who benefited from the trade. He could not have been speaking to people more opposed to him, yet he achieved his aim. It was a great achievement.

One would think that was the end of the story and a period in history to inspire us all, but slavery continues today. The trafficking of human beings as it continues today, for whatever purpose, is grotesque, barbaric and completely unacceptable in 2013. Human trafficking is humiliating, dehumanising, abusive and exploitative, and robs people of their dignity and of their very person. More often than not it is the most vulnerable in society who are trafficked, making this all the more heartbreaking.

I commend the Minister on his introduction of this Bill, and Sinn Féin will support it. As we all know, this Bill will transpose some important provisions of the EU anti-trafficking directive into domestic legislation, and we welcome this. Sinn Féin and I welcome the inclusion of a definition of forced labour, which is something many of us in this House, and many NGOs, have long been calling for. Although the previous legislation criminalised forced labour in a formal capacity, it failed properly to define it. The definition brought in here follows that of the International Labour Organisation: "All work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily." This definition offers clarity where previously there were difficulties in identifying and securing convictions for trafficking for forced labour. Previously, while trafficking for forced labour was an offence, forced labour and servitude in and of itself was not an offence. In the North this was brought into law under the British Coroners and Justice Act 2009.

It is crucial to note here the importance of all-Ireland and all-island harmonisation on an issue such as trafficking. Recommendations that we do this have come from further afield too. The US State Department recommended that Ireland consider measures which would "explicitly criminalize forced labor and other forms of compelled service". Similarly, the OSCE special representative and co-ordinator for combating trafficking in human beings stated that "the introduction of an autonomous offence of forced labour could be an additional tool to tackle the criminal phenomenon of labour exploitation."

The legislation also provides that public officials who are found guilty of certain trafficking offences in the course of their public duties will face harsher sentences. This is in line with the directive and is appropriate. It recognises that a person in such a position is in a position of responsibility, and has a certain duty of care to the victim, that to abuse that responsibility is a crime of particular seriousness, and that therefore there should be particular penalties to discourage that crime.

It is important that we acknowledge why we are discussing this Bill. The Oireachtas Joint Committee on Justice, Equality and Defence yesterday issued an all-party recommendation on prostitution. We know that a considerable number of women - and it is almost always women - coming into the country have been trafficked here, usually for reasons of economic disadvantage. They have been brought here under false pretences and spend their lives in drudgery in houses and apartments across the State. We have to put an end to that and confront Irish men who think it is all right to visit a website and avail of these women. We must confront the culture and tell them about the reality of these women's lives, where they came from and how they got here. I am very proud that the committee's recommendation was agreed by all parties and Independents. I leave the Minister to consider that recommendation. In fairness to the Minister, he has given the matter very serious consideration. I look forward to the day when we have a Swedish model, nuanced to fit Irish law and best practice.

As is the case with almost all Bills coming through the House, my party colleagues and I have several concerns. First, Ireland has yet to clarify what supports and assistance will be provided to victims after criminal proceedings have concluded, as the EU directive requires. We would like to see commitments in this regard which would outline types of support and timelines for their provision. We believe the Government should use this opportunity to outline how it plans to improve victim identification with a view to improving support for and protection of victims and to preparing witnesses for criminal prosecution. There is also an issue around the lack of safe accommodation for victims. The current direct provision accommodation for victims is controversial and widely regarded as inadequate and inappropriate. Experts in the area, such as the Immigrant Council of Ireland, tell us that the service provided is institutional in nature and, specifically, does not cater for the needs of different genders. It is questionable whether it meets the EU directive's requirement for appropriate and safe accommodation.

It is unfortunate that Ireland has failed to outline any procedures for victims of trafficking with special needs, including those with disabilities, health issues, pregnancy or trauma from physical, mental and sexual abuse. The failure to identify such special needs is a matter of great concern and a shortcoming in the Bill. The State also fails to outline any measures to prevent secondary victimisation, by which people who are trafficked are forced to relive their ordeals by repeatedly giving accounts of their experiences. The Government needs to outline what measures and protocols will be taken to ensure victims do not have to recount their ordeals on numerous occasions, as required by the EU directive.

Finally, I urge the Minister to consider strengthening the all-Ireland approach to the whole problem of trafficking. There is very good co-operation between the Garda Síochána and the PSNI. I had the opportunity last year to meet the Garda Assistant Commissioner, Kieran Kenny, who has specific responsibilities in this area, and was very impressed with him, his team, his approach and his reassurances. There is a strong relationship between the two forces, so let us strengthen that and ensure that the Garda and the PSNI work hand in glove to combat and prevent trafficking of people into the sex industry, bonded labour and forced labour, forced marriages, etc. In conclusion, this is a good Bill overall and we are happy to support its journey through the Houses, but I ask the Minister please to take into consideration some of the shortcomings I have pointed out. One of the concerns we will have, as we give resources to the police services on the island to combat human trafficking, is how we support the victims, whether in prostitution or in another sphere, so that they have support and sustenance and are not just left there. I am sure that will not be the case but I ask the Minister to consider those concerns. Overall, this is a good Bill.

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