Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I thank those Deputies who have contributed to this interesting and important debate on the Criminal Law (Human Trafficking) (Amendment) Bill 2013. This very important Bill achieves some important objectives. To put it simply, the legislation fills in outstanding suggested gaps in our legislation in this area and meets our EU obligations, while acknowledging in a tangible way the issues that have to be addressed and the importance we attach to dealing with the issue of human trafficking. The EU directive is one element of regional and global action against human trafficking. We must do everything in our power to address the issue at national level, while assisting regional and international efforts aimed at preventing and combating this crime, protecting the victims and, most importantly, prosecuting traffickers. It is important that victims have the protection and assistance they require. They should feel they can assist the Garda Síochána without being at any immediate risk of being required to leave the State. They should be given whatever assistance or protection they require to assist in bringing those engaged in this appalling activity to justice.

In order to tackle recent developments in the phenomenon of trafficking in human beings, the EU directive adopts a broader concept than previously of what should be considered human trafficking. To fully comply with the directive's minimum definition of "exploitation", the Bill criminalises trafficking for the purposes of forced begging and criminal activity, as I mentioned earlier.

Put simply, human trafficking is an abhorrent abuse of human rights. It is crucial that legislation keep pace with global developments in tackling this heinous crime.

I am grateful to have the opportunity in the Bill to define the term "forced labour". As I stated, the overall view was that our legislation already dealt with the issue of forced labour which one contributor described as slavery. The definition in the Bill provides greater clarity and leaves no room for doubt or uncertainty. The International Labour Organization's definition of "forced labour" is the international standard and the Bill follows that standard. In addition to bringing clarity to the meaning of the term, the definition will send a strong message that those who exact labour from a person without his or her freely given and informed consent can be held fully accountable under the law.

Before addressing some of the specific issues raised by Deputies, I thank all those who spoke, from all parties and none, for their full support for the Bill and presence in the House to express that support. That the legislation enjoys all-party support and there are no dissenters of any description on the Government and Opposition sides sends an important signal. In the context of the all-party approach, it is right to acknowledge, as Deputy Niall Collins mentioned, that we are building on legislation enacted by a previous Government. In addressing issues of this nature, if, as we learn more and discover issues that may not have been previously addressed, there is any suggestion there is any gap in our approach, we must ensure we address it. It is right that we acknowledge that this is an approach of which all sides approve.

Deputy Pádraig Mac Lochlainn and a number of other Deputies, including the Chairman of the Joint Committee on Justice, Defence and Equality, Deputy David Stanton, referred to the all-party report on prostitution. As Deputies are aware, prostitution is an issue we took with great seriousness. We published a consultative document, furnished it to the joint Oireachtas committee and held a one day seminar under the sponsorship of my Department. I was pleased to learn yesterday evening that the joint committee had completed its deliberations on the matter. While I have not yet had an opportunity to read its report, I look forward to learning what recommendations it has made and considering how we will progress matters in a careful and effective manner. I am pleased that we commenced the discussion on this issue in government. Much was done by non-governmental organisations in the lead-in to the formation of the Government as they sought change in this area. My view was that we should take a comprehensive approach to the matter, including through public engagement. In this connection, the joint committee had an opportunity to hold hearings on the issue. I look forward to reading the report and considering its content.

Deputy Finian McGrath raised an issue of importance. While the Deputy and I disagree in some areas, this is an area in which we are in perfect harmony and agreement. It is important that we do everything necessary and appropriate when dealing with issues of human trafficking and relating to our new communities. This country is renowned for the welcome and tolerance it shows to new immigrants. This does not mean that from time to time some of those who come here from other countries do not experience some difficulty. It would be naive to believe this was the case. I find disturbing a recently published report which suggests there has been an increase in the degree of prejudice or opposition shown towards those who come to the State from other lands. For centuries Ireland's sons and daughters have emigrated to countries across the world. We have contributed enormously to the building of other countries. On occasion, our emigrants landing in other countries have experienced difficulty and prejudice and we, at home, have always sought to counteract this and be of help to our emigrants. Since independence, successive Governments have engaged with other states to ensure members of the Diaspora are treated well in the states in which they reside. We must ensure we extend the same welcome and understanding to those who come to join us as we expect will be extended to our sons and daughters who choose to leave this island.

There should never be any suggestion of support for any individual or body outside the House that engages in racism or intolerance. Fortunately, in contrast to some other parliaments where it sadly has occurred, no Member of this House has sought to try to exploit for political gain the worries and concerns of a minority on immigration issues. Deputy Finian McGrath is right; we should not allow any political vacuum to develop in this area. All of us in this House, Independent Deputies and representatives of all the parties, should make it absolutely clear that any form of racism or intolerance is to be rejected and not compatible with our values in this republic and democracy. It was for this reason that the growing problem of racism, xenophobia and anti-Semitism in Europe was, in the fundamental rights context, made a priority during the six months of the Irish Presidency of the European Union and placed on the agenda for the first meeting of Ministers held in early January. It was also the reason we held a high level conference in Farmleigh to deal with this issue and engaged with the European Commission on it. I engaged at further Council meetings with my European ministerial colleagues with responsibility for justice and home affairs to have the European Union dynamically address what could be done across the Union to tackle what was a growing problem in some states and one that some politicians were seeking to exploit. We have put in place a course of action that I hope will produce, following a consultative process and further engagement, a holistic European Union approach, to be published in 2014.

While most European Union member states have laws to tackle racism and xenophobia, it is necessary to move beyond having legislation in place. The issue is one of attitudes and how we treat and embrace our immigrant communities. It is about how the children of immigrants are embraced as being part and parcel of the school system and how we ensure integration rather than separation. These are all very important issues and values. I am pleased that the citizenship ceremonies we hold have been greeted so well by those acquiring Irish citizenship.

I hope they are a symbol of the values and inclusiveness we in this State hold dear in the context of our approach to those who choose to live among us and who seek the pride of being Irish citizens.

In the context of the recent European Union survey, this is an issue to which I wish to give further active consideration with regard to discovering if there is a growing intolerance in this State. I have not experienced such intolerance. There has been an overwhelming welcome for citizenship ceremonies, not merely from the immigrant communities but also from the vast majority of Irish people with whom I have discussed this matter. In so far as communications are received by my Department, there has been an enormous welcome expressed in respect of citizenship ceremonies. I wish to ensure that we will not travel the route which has been travelled in some other European Union countries. I would welcome the support and assistance of Deputies on all sides in this regard.

Deputy Dowds referred to the case of a Pakistani national. That case received a great deal of media attention. During the drafting process we focused our efforts on ensuring that Ireland will comply with the EU directive and that any gaps or issues will be addressed in order to ensure the effectiveness of the legislation. When the legislation was being prepared, the case in question was the subject of much prominence and it informed our thinking. As I stated earlier, that is why the Minister for Jobs, Enterprise and Innovation is addressing this matter in the context of work permits. Our Departments have been liaising on the issue. It is important that we should deal with this matter and ensure that in the future individuals who are undoubtedly exploited will have access to redress. In the case in question, the person who engaged in the exploitation was able to escape the effects of our laws on technical grounds. This is an important matter.

Reference was made to Migrant Rights Centre Ireland and the Immigrant Council of Ireland, both of which do very important work. I am sure that when they are lobbying, they occasionally find the pace in respect of some of the changes they would like to see being implemented somewhat frustrating. In my former life I was a member of two or three non-governmental organisations and on occasion I found the length of time it takes for change to be effected a little frustrating. In making changes, we must always be careful how we proceed. That is particularly true in the context of drafting legislation. For example, legislation which may initially appear straightforward can often be quite complex in the manner in which it needs to be drafted. When the drafting process has been completed, it is always important to allow people time to reflect on what has been prepared. As someone who has drafted many Bills - I even did so prior to becoming a Minister and without the assistance of my officials - I can state that I have never yet drafted one in which, having moved away from it for a period of two to three weeks and then returned to it with a fresh mind, I have not discovered gaps or aspects which were not addressed as comprehensively as should have been the case. I encourage both of the organisations in question in the context of the important work they do. They should never be of the view that, in the context of either what they are doing or saying, they are being ignored. They make a substantial contribution to the development of policy and legislation and I thank them for what they do.

A number of Deputies referred to the immigration and asylum Bill. To an extent, I am as frustrated as some of those outside the Dáil with regard to how long it is taking to bring that legislation before the House. There have been three previous versions of the Bill and we are going to be publishing a fourth. Each version which has been published as been better than that which preceded it. However, Fine Gael and Labour were not satisfied with the most recent version brought forward by the previous Government and they tabled many amendments to it when in opposition. Instead of producing myriad amendments to that version of the legislation, it was decided to produce a new version. When that decision was taken, in excess of 300 amendments had already been tabled to the previous version. My Department is very committed to bringing forward the new Bill. We are awaiting the Attorney General's advice in the context of completing the drafting process. The Attorney General's office has been under enormous pressure as a result of the broad range of legislation with which it is being obliged to deal. I hope, however, that the Bill will be published before the end of the year. I am loath to provide an exact date because when I did so on a previous occasion, it was not possible to proceed with publication. I hope we will achieve publication by the end of the year.

Deputy Stanton referred to a particular issue in the context of legislation. I am a great believer in consolidating legislation, where possible, and in not making it any more complex than is necessary. I also believe it is important that we should get on with enacting the many reforms that are required. In some cases, one must make a choice between consolidating existing law by incorporating some changes or proceeding to introduce three or four different Bills that will have a more direct impact. In an ideal world, we would consolidate every item of legislation as it is amended. Unfortunately, this is not possible but I take note of what Deputy Stanton said.

Deputy Lowry and others referred to the sexual exploitation of individuals. The sexual or other exploitation of individuals for any reason should not be tolerated. We are yet again laying down a marker as to our approach to this particular area.

Deputy Stanton also inquired as to why there have been so few prosecutions to date. Since the enactment of the 2008 Act, in excess of 200 allegations of human trafficking have been referred to An Garda Síochána. Investigations have been completed in respect of approximately two thirds of these. Unfortunately, in the vast majority of cases insufficient evidence of trafficking in human beings has been found in order to sustain prosecutions. Since the 2008 Act came into effect, a concerted effort has been made by the Garda vigorously to prosecute offenders. I assure the House that effort will continue into the future. It must be noted, however, that the experience of the Garda in this jurisdiction, which is similar to the experience of police forces elsewhere, is that investigations in this regard are extremely complex, that they take time to complete and that there are particular difficulties involved. Certain of these difficulties arise as a result of some of those who claim to be the victims of trafficking simply leaving the State in circumstances where it is making provision for their residence and support. The House may be interested to note that during 2012 a total of five persons were prosecuted for offences under the Criminal Law (Human Trafficking) Act 2008, the Child Trafficking and Pornography Act 1998 and other legislation. There were also six convictions under the Criminal Law (Human Trafficking) Act 2008, the Child Trafficking and Pornography Act 1998 and the Criminal Law (Sexual Offences) Act 1993.

Unfortunately, in some cases it is not possible to gather the evidence to pursue perpetrators or to meet the criteria for the offence of human trafficking. In such circumstances it may - and has proven to be - possible to bring charges against offenders in respect of other crimes, such as money laundering or prostitution-related offences. The achievement of convictions in such cases must be recognised as a positive step in the punishment of potential offenders for the crime of human trafficking. On occasion, those who have engaged in human trafficking have, therefore, been convicted of offences other than that of human trafficking. The evidence has been available to allow for such convictions. It is important to state that prosecutions should not be the sole measure of the effectiveness of law enforcement. Account must also be taken of policing measures aimed at prevention, creating a hostile environment for traffickers, and international co-operation and information-sharing resulting in convictions in other jurisdictions for offences which take place outside this jurisdiction.

Across the European Union there is substantial co-operation in dealing with the issue of human trafficking and substantial engagement by the Garda Síochána with other police forces. Deputy Mac Lochlainn raised a point about Northern Ireland. There is substantial co-operation between the Garda Síochána and the PSNI and the topic of human trafficking has been on the agenda of a number of meetings between myself and the Northern Ireland Minister of Justice, David Ford, to ensure we are doing everything possible on this island to co-ordinate actions to counteract this activity.

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