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

The DPP is independent in her functions. This amendment would provide a statutory defence for a person where that person has committed an offence that is not within the dominion of the Bail Act 1997, so where it is not rape or murder but an offence for which the penalty is anything under five years. It could potentially be assault or some form of theft. It would automatically provide that being a victim of human trafficking would be an automatic defence in this instance. A person who may be a victim of human trafficking may assault another person and that assault may have nothing to do with the situation the person is in.

The DPP and justice system would take into consideration, as they must always do, factors to be considered. This includes the nature of the offence, whether coercion or duress was involved and whether the suspect has co-operated with the authorities. A decision then has to be taken by the DPP. I do not think we could suggest that every offence a person commits, other than serious offences under the Bail Act, including rape and murder, is a direct consequence of being trafficked. As is all cases, all these factors would have to be taken into consideration. The DPP is the best person to make those decisions. I am confident that the DPP would take into consideration whether a person has been trafficked, what that has potentially meant and what has led to the particular crime that was committed.