Oireachtas Joint and Select Committees

Wednesday, 7 December 2016

Select Committee on Justice and Equality

Criminal Law (Sexual Offences) Bill 2015: Committee Stage

9:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I understand where Deputy Coppinger is coming from in respect of the range of needs. However, I suggest that the extensive reporting provisions are not suitable to be put into legislation in this manner. For example, amendment No. 22 would require the Minister to report on a remarkably wide range of areas, including education, language training, financial, housing, health care, social welfare and rehabilitation services that should be provided by the State to support and assist sex workers to exit prostitution. I have already made the point that I believe these services need to be in place and that we must develop ways of achieving precisely that. The anti-human trafficking unit in the Department undertakes extensive work with the Garda and NGOs. We have taken this approach to support people in this situation. There is no doubt we have more to do. However, there are many elements to what we are doing and we are on the right track in terms of supporting people and offering the supports that are needed.

These amendments refer to the needs of migrants in respect of regularising their immigration status. We need practices and procedures for women who have been trafficked such that they are dealt with appropriately once they are identified. Often, they come within the immigration area and seek regularisation. A particular approach is taken with regard to women who have been identified. Usually, this applies to women although we are seeing men being exploited and trafficked for economic reasons as well. Particular procedures and practices are in place to give the best supports to people who find themselves in these situations. In particular, they are identified within the immigration process. Many of these issues are outside the scope of the Bill. In some ways, they are for consideration across all Departments of the Government.

Amendment No. 23 provides that an extensive report would be required to be made in respect of the protection and assistance of sex workers who report trafficking, organisers of prostitution and so on. Numerous departmental issues arise in terms of interpretation and implementation. It would be difficult to accept the amendment. Many of the areas subject to report are outside the scope of the legislation and are cross-departmental in nature. However, there may be other ways to address this issue. This is something the justice committee might decide to examine. For example, a report could be commissioned on these issues. Further work could be done in consultation with the appropriate stakeholders and with relevant support. Certainly, that is something I would call on my Department to support. I have no difficulty with that. However, given the extraordinarily broad nature and scope of these amendments I cannot accept them.