Dáil debates

Friday, 28 June 2013

Criminal Law (Human Trafficking) (Amendment) Bill 2013 [Seanad]: Second Stage

 

11:20 am

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour) | Oireachtas source

I will share time with Deputy Aodhán Ó Ríordáin.

I warmly welcome the legislation and thank the Minister for his work on it. A case in my constituency where a Pakistani worker was exploited was probably one of the catalysts for the Bill. Although the rights commissioner awarded the man in question €92,000, the High Court felt obliged to overturn this decision on 31 August last year. As a result the exploiter walked free. That is an example of why the legislation is so necessary. At one stage the man was being paid the princely sum of 55 cent an hour. After becoming aware of this case, I met other people, mainly women, who had suffered in a similar way and, in many cases, a worse way than the man in question. When one hears the human stories, one realises the vulnerability of the people involved, particularly if they do not speak English. People may be exploited in family homes or as sex workers and they are extremely vulnerable. That is why the legislation is so necessary. The idea that we have modern slavery is absolutely appalling and anathema.

I hope the legislation will help to address the problem of human trafficking and forced labour, particularly for sexual exploitation and domestic servitude, which are probably the main problems in Ireland. I also welcome the publication yesterday of the report on prostitution of the Oireachtas Joint Committee on Justice, Defence and Equality. I am concerned by reports that it can take a long time for the authorities to recognise victims of human trafficking, given that they are not entitled to many supports while they are waiting for their status as trafficking victims to be confirmed. The protections accorded to victims of human trafficking are set out in a policy document on administrative arrangements for the protection of such victims. All victims who come to the attention of the authorities are known as potential victims and granted similar supports to asylum seekers. They are given basic access to health care and can access counselling, if they are in a traumatised state. Until the victim has been identified by the Garda National Immigration Bureau as a suspected victim of trafficking, he or she is not entitled to a reflection and recovery period, immigration status or pursue the possibility of work. In some cases, it can take more than one year for the Garda National Immigration Bureau to determine whether someone is a victim of trafficking and during this time the person concerned lives in limbo and his or her undocumented status is tolerated by the authorities. I would be grateful if the Minister would provide an update on the timing of the Immigration, Residence and Protection Bill 2010 which is expected to improve the position in this regard. I am very appreciative of the work being done by the Minister in this area.

When the legislation is enacted, there will be a real need for careful monitoring of places where modern slavery is likely to take place. Particular attention needs to be paid to prostitution, people working in domestic service and businesses exploiting people of the same nationality, usually where English is not spoken. In such circumstances, employees are often dependent on their employers for housing and other basic needs. Legislation of itself, while very welcome, is not enough. We need inspection.

I support the legislation and thank the Minister for his work. I also acknowledge the work of Migrant Rights Centre Ireland.

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