Dáil debates

Thursday, 1 June 2023

Criminal Justice (Engagement of Children in Criminal Activity) Bill 2023: Second Stage (Resumed)

 

1:15 pm

Photo of Peadar TóibínPeadar Tóibín (Meath West, Aontú) | Oireachtas source

The Taoiseach's trip to Washington this year was defined by gaffes and mistakes. I was alarmed when he said about human trafficking: "It's not a particular issue for us in Ireland because our seas are so vast that people can't get there on small boats." I had to read it twice when I saw it reported from Washington. It will have come as a shock to anyone in the United States Government, which only a few years previously had put Ireland on the human trafficking watch list. Any Member of this House who has done an ounce of research on this topic will know that human trafficking does not necessarily involve the crossing of international borders and that much of the trafficking in this country is domestic. Much of it relates to the sexual exploitation of children, and we have a serious and severe problem with trafficking in this country. The Taoiseach's comments illustrate how clueless he is on the topic. He and his colleagues would benefit from familiarising themselves with the definition of "human trafficking". Once and for all, this country should stop conflating the issues of human trafficking, migrant smuggling and immigration. Human trafficking is a stand-alone human rights issue, one that affects Irish nationals. It is not something that always involves boats, seas and activities in the dead of night.

If people look around our towns and cities, they will see that human trafficking is alive and hidden in plain sight. According to data released to Aontú by the Department of Justice, just three people have been convicted in the District Courts for human trafficking in the past ten years, despite 1,000 cases going before them. Ireland has a shameful international record on the issue of human trafficking. We need to collect better data. Ógra Aontú tabled a motion on this topic at our Ard-Fheis and Aontú's spokesperson on children and equality, Mr. Luke Silke, has carried out significant research in this area.

The Bill deals with human trafficking. Curiously, though, it does not mention human trafficking once. The Bill is making the exploitation of children for the purpose of criminal activity an offence and, on the face of it, it looks good. However, there are flaws, which I will detail.

There is a lack of recognition of the victimhood of the child in this Bill. We are discussing situations where children are given drugs in their schoolbags to be intercepted on their way to school. We are discussing situations where drugs are being pushed on children to get them addicted and those children are then being forced to get involved in crime to pay for the drugs and to work for their dealers. In my reading of it, the Bill would lead to a situation where vulnerable children were required to testify against hardened criminals or, in some cases, their own parents, which would be very difficult for children and could put them in danger. Obviously, children who are viewed as touting against hardened criminals are in significant danger. What specialised supports will be put in place to help any child who testifies against an adult who has groomed or exploited him or her? This important question needs to be answered.

The Bill neglects children who have been victims of child sexual exploitation, which is the largest type of trafficking in Ireland. The Bill is making the grooming of children for criminal activity an offence. However, if a child is a victim of sexual abuse or exploitation, that child would not be seen as a criminal and, therefore, the perpetrator or trafficker could fall outside the scope of the punishments set out in the Bill. A child can never consent to his or her own exploitation. I recommend a review of the language set out in the Bill to ensure that there is no confusion in this regard.

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