Dáil debates

Thursday, 25 October 2007

Criminal Law (Human Trafficking) Bill 2007: Second Stage

 

12:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)

We were given many reasons for not being able to act in a certain way because the UK was going a particular way and we had a common travel area. We are now being told that common travel area will be virtually abolished, according to media reports. There is no excuse for not having closer co-operation. We have back-up systems and vetoes in place if something comes through those proposals which we are not happy to accept. There is a fall-back system and the protections are already there.

The Garda Síochána and the Department of Justice, Equality and Law Reform have been very proactive on the issue to date but this takes it one step further. I believe it to be the wrong decision. I understand it may exclude Ireland from new measures which have already been signed up to, including a key European border management database crucial to fighting the illicit trafficking trade.

Trafficking is an international problem which requires an international solution so we must urgently embrace EU measures to combat crime. According to recent reports and media coverage, Ireland is seen as a soft touch for trafficking and our coastline is wide open to smugglers. The Garda Síochána lacks both the technical resources and manpower to seriously combat organised crime. Closer co-operation and the sharing of expertise and intelligence with our fellow member states is essential if we are to seriously reduce crime, including the trafficking of people into or through this country.

Smuggling is not dealt with in this legislation, nor should it be. However, there has been no conviction under the Illegal Immigrants (Trafficking) Act 2000 or the Child Trafficking and Pornography Act 1998. We must again consider the smuggling of people into this jurisdiction. It is unacceptable that we have not had prosecutions in this particular area, so I ask the Minister to examine what can be done to strengthen the legislative framework and ensure the Garda has resources to deal with the matter on the ground. Clearly that is not happening now. There is no doubt, either with me or in the Minister's Department, that illegal smuggling is happening in this jurisdiction and throughout the European Union. Why have we not been able to gain convictions?

I wish to discuss section 13 of the Bill, which deals with a sex offenders' register. I welcome this development as our sex offenders' register is failing. I hope this provision will help to address the matter with regard to those who have been convicted in this jurisdiction.

There have been numerous instances of people convicted outside this jurisdiction taking up residency in this country but who are not on the register. There was a case in my constituency a number of years ago involving an individual convicted in the UK who was providing computer lessons to children in this jurisdiction in a private capacity. That should not be allowed to happen.

On Committee Stage I also wish to consider the media aspect. I accept the Minister's points on the media and confidentiality, which are sacrosanct. If we are to eradicate these criminal activities, it is important that the public be made aware of them through increased media exposure.

There is provision in other legislation which tends to get the balance right, such as the Criminal Law (Rape)(Amendment) Act 1990. The Minister should reconsider the matter with a view to ensuring as much information as possible gets out while at the same time maintaining protection for victims. We can examine the matter on Committee Stage.

This legislation is a positive step but it is only the first step. It does the very minimum to address this appalling practice. The Government still has to ratify the international treaties on trafficking that it has signed up to. The Minister has also announced the establishment of a new high-level group on combating trafficking in human beings, which is being established to co-ordinate Ireland's efforts in the area.

Why are non-governmental organisations like Ruhama, which are working directly with victims, not part of this group? This is essential in order to ensure the realities of what is happening on the ground influence the agenda of this group. One of its key goals is to produce a national action plan, outlining the appropriate legislative and administrative structures to be put in place to allow for ratification of all relevant international instruments. Yet another report from the Government represents a means to place this important issue on the long finger.

The Government has brought forward the legislation to make human trafficking illegal. However, it has not provided the resources, legal supports or protections for victims to ensure we can adequately stem the flow of this putrid trade. Now that we have had the window-dressing, let us see real action to show the true colour of the Government's commitment.

I commend the Bill to the House.

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