Dáil debates

Wednesday, 4 October 2023

Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Second Stage

 

3:10 pm

Photo of Carol NolanCarol Nolan (Laois-Offaly, Independent) | Oireachtas source

I welcome the debate on this vitally important issue of sexual offences and human trafficking. This is an issue that needs much more attention and, of course, in Ireland we do need tougher laws and tougher sentencing, and we need it urgently. Two years ago, I and my colleagues in the all-party Oireachtas life and dignity group organised a briefing on countering human trafficking in Ireland where we heard from Ms Sunniva McDonagh, a lawyer specialising in fundamental rights and a member of the Irish Human Rights and Equality Commission. The event was organised in reaction to reports which raised concerns about the level of human trafficking and the lack of protections against such offences in Ireland at present. The Minister of State will be aware that in recent years we have witnessed the downgrading of Ireland's ranking in the fight against human trafficking in the US State Department's annual trafficking in persons report. This is considered the international gold standard when it comes to evaluating how well countries are faring out in the prevention and deterrence of modern-day slavery and the trafficking of human beings. As I understand it, human trafficking is a practice affecting 40 million people globally, generating annual profits of at least $32 billion according to the International Labour Organization.

I also understand that from 2013 to 2017 we were among the tier 1 countries whose governments fully met minimum standards for the elimination of trafficking. Then that ranking dropped down to tier 2 in both 2018 and 2019. We must question why it dropped, as we need answers on that. This meant that while our Government's actions did not fully meet the minimum standards, it was making significant efforts to rectify it. Unfortunately however, things got worse and we slipped further down the ranking in 2020. We found ourselves in the tier 2 watch list category with states like Saudi Arabia and the Democratic Republic of the Congo. Again, serious questions present in that regard. Why did it happen that we slipped further down the rankings?

The Garda National Immigration Bureau confirmed to me that it has detected 279 illegal immigrants in transport vehicles at Irish harbours since 2018. This number points to the terrifying scenario of vulnerable people being trafficked into the State for financial or sexual exploitation, but it also highlights the likelihood of a potentially serious security breach, as the number of those detected can only represent those who have been unsuccessful in evading checks upon their illegal entry into the State. Therefore, it is only the tip of the iceberg.

I support the provisions of the Bill before us in terms of ensuring anonymity for both victims of trafficking and the accused in trials for sexual assault, including the exclusion of the public from the courtroom. We must urgently address the legal deficits that exist in this area to ensure that a far greater number of successful prosecutions for sexual assault in the context of human trafficking actually occur in Ireland.

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