Dáil debates

Friday, 28 June 2013

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

 

11:30 am

Photo of Michael LowryMichael Lowry (Tipperary North, Independent) | Oireachtas source

I welcome the opportunity to speak on this important issue. The Criminal Law (Human Trafficking) (Amendment) Bill 2013 is a vital step forward and one that will strengthen the protections in place for some of the most vulnerable in our society by transposing into Irish law the relevant EU directive. I commend the Minister on his prioritisation of this Bill despite the very extensive legislative programme within his Department. It will serve to ensure that any individual profiting through the exploitation of another will be duly punished and given a sentence reflecting the gravity of the crime of affecting an individual's freedom, liberty and personal rights. It locks down the definitions in place to ensure that fewer cases of exploitation slip through the net.

Human trafficking is a deplorable practice that is unfortunately all too prevalent in our society. It involves the ripping of loved ones away from their homes, families and security and preying on their subsequent loneliness and vulnerability. It is alarming to learn that between 2008 and 2010, 24,000 people were trafficked across EU states. We must be active in weeding this scourge out of our society and any steps that actively tackle this must be welcomed. I am pleased this Bill tackles some of these issues and in particular I welcome the expansion of the definition of human trafficking to include forced begging and exploitation for criminal activities.

The prevalence of forced begging has increased dramatically and worryingly in society over the past number of years. There have been ever-increasing reports that a small portion of those who are seemingly in destitution with no option left but to beg are not genuine cases and are not in fact allowed keep any of the donations kindly given by concerned passers-by. Rather, they are deliberately established, controlled and monitored to derive maximum profit for an unscrupulous third party. Some people have reported to public representatives that they have offered food or clothing to those begging only to have these offers refused as their masters have instructed them to seek money instead. This forced begging, organised by criminal gangs, cannot be allowed to continue. It is a cynical, repulsive ploy designed to play on people's kindness. Not only is it distressing, cruel and unfair on those compelled to beg, as they see none of the profit or benefit themselves; it also has an impact on genuine cases and hardens our hearts to some of the neediest in our society. By preying on the public through these schemes, those responsible discourage people from helping others and increase their suspicion and contempt. I welcome the fact that this Bill recognises and take steps to ensure this problem is targeted.

The exploitation and trafficking of individuals for the purposes of undertaking criminal activities is a major issue in society. In many cases migrants are brought into the country and forced to engage in criminal activity such as working in a cannabis grow-house or handling and transporting stolen goods. They are treated as slaves and risk arrest on a daily basis.

The Migrant Rights Centre of Ireland has had more than 180 reports of cases of forced labour in Ireland over the past six years. Furthermore, the centre believes that the true figure is much higher and that many of the blameless victims of trafficking for the purposes of forced labour were too terrified to come forward. They feared that as there were no clear protections for them in law they would be scapegoated and essentially held responsible for the criminal activities they were forced to undertake. I hope this Bill will go some way towards quelling these concerns and will urge victims to come forward and seek assistance. To ensure that victims feel safe to do so, it is important that these victims are protected, assisted and afforded full access to justice. In many cases they will have no money, security or safety net in Ireland. They will have been working with no pay in horrendous conditions with no freedom. Although the recognition of this crime is most welcome, I urge the Government to put adequate supports in place to assist these people in integrating into society. It is essential that they receive the support and assistance they will need to move forward.

Essentially, this Bill represents progress in that it will tighten our laws on trafficking and exploitation and bring us in line with other European countries. It will allow for cross-border co­operation and a united front. That said, we need to do more to ensure that those still trapped in a life of threats, abuse and violence are offered hope. It is imperative that any individuals identified as being trafficked for these purposes must be given proper supports and legal representation.

The Immigrant Council of Ireland has identified a number of safeguards and measures that should be established to identify and assist the victims of trafficking. These include the need for safe accommodation for victims, medical and emotional supports and specialised supports for those with special needs. Although organisations such as the Immigrant Council of Ireland and the Migrant Rights Centre of Ireland are doing stellar work and doing their utmost to provide support to these victims, more needs to be done at a governmental level to address the shortfalls in the provision of assistance and support to victims. A Minister of State, Deputy Kathleen Lynch, has previously stated that we have well-established arrangements for the provision of assistance and I urge her to speak to the bodies that assist these individuals on a daily basis and engage with them in developing a comprehensive, clear and accessible service.

I welcome the Bill, but a key issue that is not adequately addressed is the trafficking of women and children for sexual purposes. Some 80% of those who are trafficked through the EU are women and girls and 62% are trafficked for sexual exploitation. As recently as the beginning of this month, the US State Department highlighted the fact that Ireland remains a "destination, source and transit country for women, men and children subjected to sex trafficking and forced labour".

Unfortunately, this is the primary cause of trafficking. Stringent safeguards must be introduced to tackle this repulsive practice. It is welcome that recommendations for this purpose to end prostitution and trafficking have been advanced by the Joint Committee on Justice, Defence and Equality. I urge the Minister to take swift action on them. While this legislation is welcome, it must mark the beginning rather than the end of our efforts to crack down on trafficking and exploitation. As a nation, we pride ourselves on our generous, kind and welcoming nature. It is important for this generosity to be extended to those who have been exploited and mistreated and experienced cruel treatment on our shores.

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