Oireachtas Joint and Select Committees

Tuesday, 14 November 2023

Select Committee on Justice and Equality

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

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

I will speak to the first two amendments separately and then amendments Nos. 16 and 17 together. I cannot accept amendment No. 14 because it would create a right to accommodation and nobody has an absolute right to accommodation. That is perhaps a separate discussion that is happening. What we can provide is assistance and for that reason, I accept amendment No. 15 because what we are talking about is providing assistance with accommodation provided for under the revised national referral mechanism. What we are trying to do here specifically with this Part of the Bill is put the national referral mechanism on a statutory footing but not to create new entitlements. For this reason I am distinguishing between the two, one infers an absolute right that nobody has but the other talks about assistance with accommodation, which is obviously what we are trying to achieve here.

With regard to amendments No. 16 and 17, again what we are not doing in this particular section is redesigning or reforming the immigration system. For a person to come forward now already, and as part of this Bill, a 60-day recovery and reflection period that is automatically granted. This allows them time to regroup and to remove themselves from the situation they are in. This is in the form of a stamp 4 permission that they receive immediately. It gives them permission to be in the State and to take up employment without the need for an employment permit. They do not have to co-operate with any police investigation during that 60-day period but if they are engaged with An Garda Síochána or assisting, they can have this temporary residence extended as well. If it is extended up to six times, which is the equivalent of three years, they then automatically receive a two-year permit, and again this is on the basis of a stamp 4. There are protections very clearly laid out for people who come forward to very clearly send the message they will not be deported, to please come forward, and we want to support and help them. There is a clear pathway for them to potentially be able to stay and receive the stamp 4 along those lines. The impact of the amendments would essentially amend our immigration legislation, which there will be an opportunity to do at a separate stage. To do it for just one group of people and not address others would be problematic. I hope there are clear enough protections for people to be able to come forward in what is set out in the Bill and what we provide now.

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