Peadar Tóibín (Meath West, Aontú) | Oireachtas source

I am not saying that at all. If the Minister of State had listened to what I said, he would know I did not say that. Rather, I am saying that the child himself or herself is not involved in a criminal activity if he or she is being exploited sexually.

The penalties in the Bill are weak. Child criminal exploitation is a form of human trafficking and should be considered a serious form of child abuse. The financial penalties associated with that need to be measured against the income generated by the criminal organisations in question. The EU recommends that we not apply penalties against children who have been victims of trafficking. Regarding the non-prosecution or non-application of penalties to the victim, the 2011 EU directive states:

Member States shall ... ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being [coerced or trafficked].

As such, there are flaws in this legislation.

I wish to acknowledge that, since I last called in the House for front-line professionals to be trained in how to identify the warning signs of trafficking, Tusla has taken up the suggestion and is in the process of implementing that training. This is a positive development that we in Aontú welcome. I will also call for gardaí to receive similar training on trafficking, particularly as it relates to the forced recruitment of children by criminal gangs for criminal activity.

The victimhood of these children is being overlooked. The Bill is not an appropriate response to the matter, as it appears to rely somewhat on children providing evidence and thereby increasing their vulnerability to harm. Victim-centric amendments to the Bill need to be explored. The EU directive speaks strongly in this regard. The Mercy Effort for Child Protection Against Trafficking with the Hospitality Sector, or MECPATHs, does fantastic work in this area by raising awareness of child trafficking and training people in how to spot it. My parliamentary assistant and I met Ms Ann Mara and Mr. J. P. O'Sullivan. We were impressed by the energy they brought to their activism. They are seeking a child-specific national referral mechanism to be included in plans.

This request has been echoed by the Children's Rights Alliance and responds to the Irish Human Rights and Equality Commission's call for more focus on child trafficking. Child trafficking is a huge problem in this country whether for sexual, criminal or labour exploitation. Ireland has still not ratified the second optional protocol on the sale of children. Promises of this ratification roll in year after year and are not fulfilled. Ireland is only one of three member states that have not ratified it. Can the Government get this done before the recess? What is the reluctance on this? Why the continued promises? There are 23-year old adults walking around who were born the year the Government promised to ratify it. How many of those adults needed that protocol and have never benefited from it?

See this speech in context