Oireachtas Joint and Select Committees

Tuesday, 6 December 2022

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022: Discussion

Photo of James LawlessJames Lawless (Kildare North, Fianna Fail) | Oireachtas source

I thank Mr. Ó Briain. That seems appropriate. He might be also able to advise us on another matter. IHREC's submission made a request that there be a statutory defence for victims of trafficking where they committed a crime as a direct result of being trafficked. Innocent agency, duress and coercion are common law defences, but IHREC was referring to a statutory defence. Recently, we considered what was colloquially called Fagin's law, which is more about the procurement of crime and an individual organising or mobilising other individuals to commit crimes. It refers to the Dickens character Fagin, who had pickpockets running around for him. Would Fagin's law apply under this Bill or would the Bill have to be amended to incorporate it? If Mr. Ó Briain or someone else wishes to contribute on this point, he or she is welcome to do so.

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