Dáil debates

Thursday, 8 June 2006

Criminal Justice (Mutual Assistance) Bill 2005 [Seanad]: Second Stage.

 

3:00 pm

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)

I am delighted to have this opportunity to speak on the Bill. I did not realise it was ordered for today until I arrived here this morning. The debate on the Bill presents a good opportunity to raise a number of issues of concern which are appropriate to mention on Second Stage. The Bill is welcome. However, when one reads the seven protocols and agreements which it will transpose into Irish law, one realises the length of time it often takes the Government to reflect in Irish law what has been agreed at European level. That poses problems, a point to which I will return later. Bringing forward the legislation at this point is welcome.

The reality is that crime does not respect borders. If we are to have a truly common and open market in the European Union, which is what the three or four main parties in this House are striving for, we must recognise that type of open market poses problems in terms of the criminal world. If we remove borders for trade, we open borders for international crime, and the criminals are taking advantage of that. That is the reason a sluggish response from the Irish Government in transposing European legislation in the criminal law area is not acceptable. When agreements are made at European level, we need to ensure they are quickly transposed into Irish law, whether they deal with the crime of trafficking in human beings, drugs or fraud.

I wish to raise a number of specific issues related to crime in Ireland and to deal with the aspect of the Bill which refers to developing mutual assistance with the US. In regard to the EU, previous speakers referred to the growth in the availability of drugs in Ireland. We can introduce all the national drug strategies we like, but unless the European Union collectively tries to grapple with this problem and unless we try to grapple with it globally, there will always be excess supply over demand of the major so-called fashionable drugs. The most dangerous drug here is cocaine and its availability is rapidly growing. There is a heroin problem in Dublin in particular and that problem has increased in parts of the country outside Dublin for some time. Those involved in implementing the national drugs strategy are genuinely trying to deal with that problem. We could endlessly debate whether that strategy is as successful as it should be. However, the Government has not sufficiently recognised the extent of the cocaine problem here. Cocaine has become incredibly common in almost every large town and city. It is treated with the lack of respect that means it is becoming a frequently used party drug. We need to take a much stronger stand on that problem at home and we also need to try to cut off supply of that drug. The only way that can be done is through mutual assistance.

I have been involved in the European Parliament in dealing with the issue of human trafficking. The "Prime Time" programme a number of weeks ago that was broadcast on consecutive nights woke up the Irish nation to the relevance of the issue of human trafficking to Ireland. Many people assumed that the slave trade happened in the developing world and was not something that we, as a member state of the EU, would tolerate. Of the 11 top source countries for forced prostitution and the trafficking in women for that trade, four of them are on the Continent of Europe and one is a member state of the EU. We need to wake up and recognise that problem. The European Union has been taking some action to address it and is planning to take more. There is a Council framework decision on combating trafficking in human beings. This is the only country in the European Union that does not specifically outlaw the crime of human trafficking, despite signing up for mutual assistance in a range of legal and criminal areas. Irish legislation neither defines nor deals with this crime although it covers the situation of a child trafficked into Ireland and put into forced labour or prostitution. I would be pleased to be proved wrong, but am fairly sure I am right in saying Irish law does not recognise the crime of trafficking in persons.

The Government needs to address this and the Minister for Justice, Equality and Law Reform says he will address it but we have heard little about this since. Senator O'Rourke said she personally would introduce a Bill but we have not yet seen it.

This is important especially when one considers the Government's emergency response to the difficult situation that arose last week regarding statutory rape. All 24 EU countries with which we are agreeing mutual assistance have defined human trafficking in their national legislation. I urge the Government to introduce legislation in that area, otherwise the Opposition will, although the Government has more resources for that.

The problem of human trafficking has been underestimated here. The International Labour Organisation has estimated that up to 12.3 million people are victims of forced labour each year, of whom 2.4 million have arrived as a result of trafficking. The US department of state for trafficking in persons estimates that between 600,000 and 800,000 men, women and children are trafficked across borders each year. Of those 100,000 are trafficked across borders within or into the European Union. According to UNICEF, 1.2 million children are trafficked within countries or across borders each year. Human trafficking is the third largest source of income for organised crime internationally, exceeded only by the arms and drugs trades. The UN office for drugs and crime estimates that each year trafficking in people generates $7 billion.

This is a big business run by organised, dangerous people, many of whom have switched from the drug trade into trading in people because it is less risky and the laws in the area, as exampled by Irish legislation, are not sufficient to deal with their activity. They aim at vulnerable countries, such as Ireland, where demand in the sex trade is growing. Many young women come from eastern Europe to lap-dancing clubs or brothels in Ireland. I commend the work of Ruhama which has been driving the agenda to raise awareness of this problem, including appearing on the "Prime Time" programme.

While some members of the European Parliament are involved in two international campaigns, Stop the Traffik and Business Travellers against Human Trafficking, governments ultimately will make the difference. There should be a more co-ordinated approach to human trafficking within the European Union, starting with a recognition that it exists. For example, the World Cup starts tomorrow and we are excited about that, although Ireland is not playing. Many women have been trafficked into Germany to fill the market for prostitution created by the World Cup. It was a mistake for Germany to legalise prostitution. During the World Cup many young girls will be forced into appalling situations from which it is almost impossible to escape. They will be afraid to go to the police because they are illegal immigrants, and they fear repercussions from the traffickers. This is a major issue which needs to be tackled through mutual assistance at European level and further afield.

I support the section concerning mutual assistance with the United States. There are many who, when we do anything with the United States use it as a political opportunity to beat the Government. This implies that our only contact with the United States should be to reprimand it for Guantanamo Bay or rendition flights. Europe, and especially Ireland, has a special relationship with the United States. We are right to develop mutual assistance in areas of mutual concern whether fighting terrorism, drug or human trafficking, or any other form of organised crime.

If, however, we are developing closer legal relationships with the United States we should also be able to raise issues of concern that are not consistent with a growing mutual working relationship between the United States and Europe. We need to address the inconsistency of trying to work together to minimise terrorism while facilitating rendition or extraordinary rendition flights in European countries, whether knowingly or not.

I am a member of a temporary committee of investigation in the European Parliament into the rendition flights issue. It is my view, although it does not suit me politically to say so, that the Government most probably did not know that privately chartered aircraft refuelled in Shannon Airport on their way home from the most high-profile rendition mission, bringing Abu Omar to Cairo. Whether we like to admit it or not, Shannon Airport has played a role as a pit or fuel stop in rendition missions such as that mission, which flew from Milan through Germany to Cairo where Abu Omar was dropped off. It is unrealistic, however, to say the Irish Government knew that was the case at the time. The assurance it has received regarding the transport of detainees through Shannon Airport from the US authorities is probably valid. I do not believe the detainees have been transited through Shannon Airport but we need to look for a new assurance from the United States along the lines of ensuring that CIA-chartered private aircraft are not landing and taking off there on their way to or from rendition or extraordinary rendition missions.

This also affects public confidence. It would be helpful for the Government to work with other European governments to develop a common standard for the treatment of privately chartered aircraft flying through European air space and airports. It would be reasonable to propose for example a system of random inspection and to seek passenger and crew lists of planes before they arrive.

Comments

No comments

Log in or join to post a public comment.