Finian McGrath (Dublin North Central, Independent)

I appreciate that but I wish to raise this issue. As we are discussing human rights and the abuse of people it is important that we put this on the record and stand up and state that the Irish people will not accept it. I urge people to listen to Mr. Agee when he visits Ireland. I call on the American people to reject Bush and support progressive views on Cuba. This debate is on criminal law and what George Bush is up to is criminal.

The primary purpose of the Bill is to create offences criminalising trafficking in persons for the specific purposes of their sexual or labour exploitation or the removal of their organs and to provide severe penalties for anyone found guilty of committing the offences. The offences are in line with international norms as established in the EU framework decision on combating trafficking in human beings, the protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the United Nations convention against international organised crime and the Council of Europe convention on action against trafficking in human beings. It also criminalises the selling or purchasing of human beings, children and adults, for any purpose. The sale of children for the purpose of exploitation is a requirement of the optional protocol to the United Nations convention on the rights of the child, on the sale of children, child prostitution and child pornography.

Consider the phrases used in the Bill such as "the sexual exploitation of children", "organs" and "child prostitution". It is a sad reality of the modern world that we are having this debate. Despite all the talk and rhetoric about human rights, throughout the world there are still children who are abused and who have their human rights exploited. I worked with children for more than 20 years and it is important that we identify and support them, particularly those who were abused. That is a nightmare for the families involved.

Regularly we hear in the media of children who have gone missing here and in other European countries. Imagine what it is like for a five or six year old girl or a seven or eight year old boy in that situation. Many people state that a child in such a situation might be better off dead. This is the sad reality and it is what this debate is about. That is why I warmly welcome the progressive legislation before the House. I will call on all Members to support the legislation. This is the time to stand up and be counted and do something about it.

A key aspect will be the implementation of the legislation. I will discuss the area of policing later. Recent events with regard to child abusers and people involved in pornography and Garda involvement with Interpol in Thailand showed the positive side of good quality policing. As well as good policing not only do we need legislation but also sound prevention policies. During the last Dáil we passed many Bills to deal with organised crime. However, we still have a horrific situation. It is not only about legislation but about tackling, assisting and prevention.

Many people do not take the word "prevention" seriously, particularly when it comes to crime and more particularly the exploitation of children. If children in families at risk and dysfunctional families and disadvantaged children are supported at an early age many of them can be saved. We have many examples of good practice, particularly in disadvantaged schools, by teachers, principals and home-school-liaison teachers. People do not realise the major positive impact they have on communities and the amount of dysfunctionality and exploitation which they prevent. That is all connected to this debate and we must be proactive at international, EU and UN level in dealing with the situation.

Section 2 provides the definitions for the Bill. The definition of "labour exploitation" applies to both children and adults who have been trafficked for that purpose. The definition of "sexual exploitation" applies to the trafficking of adults for the purpose of sexual exploitation — the provision criminalising the trafficking of children for the purpose of sexual exploitation is being inserted into the Child Trafficking and Pornography Act 1998 in substitution for the existing child trafficking provisions in that Act. This section is a very influential and important part of the Bill. The issue is that we have got to criminalise the people directly involved. We also have a responsibility to stand up and be counted.

Section 7(3) creates an offence of conspiring with or inciting a person in the State to traffic or sell or purchase a human being in another country and subsection (4) makes it an offence for an Irish citizen or person ordinarily resident in the State to conspire with or incite another person outside the State to traffick or sell or purchase a human being. Under subsection (5) it is an offence for people to conspire with or incite in the State or another country another person to traffick or sell or purchase an Irish citizen outside the State and subsection (6) makes it an offence to conspire with or incite, in another country, an Irish citizen or person ordinarily resident in the State to do an act in another country that if done in the State would constitute the offence of trafficking or selling or purchasing human beings. The maximum penalty for committing or attempting to commit any of the above offences is an unlimited fine and-or life imprisonment. The phrase "purchase of a human being" is horrific. It is a nightmare for young people, particularly very young boys and girls. We cannot have a situation where human beings can be purchased and treated in such a way.

Section 8 deals with proceedings relating to offences committed outside the State. This is a standard provision under which where proceedings are commenced for an offence committed outside the State, they may be taken in any place in the State. That section is relevant.

Section 9 deals with double jeopardy. This is also a standard provision under which a person cannot be proceeded against for a trafficking or selling or purchasing human beings offence if he or she has been acquitted or convicted of a similar offence in another country. I have major concerns about this section but we have to tease it out more and be conscious of it. I emphasise the importance of training for people who work with adults, those who work in the immigration service, at our ports and in the Garda Síochána. We have got to be constantly vigilant and to ensure that those who work in these services have their eye on the ball and have the maximum training to see these things coming through the system. They have to be very professional and sensitive to the needs of families and children. I do not blame families from very poor countries who want to get out of their own country and come to a country where there is a great deal of wealth and resources. We do not want that debate lumped in with this debate.

Many people come to European countries to create a better life for themselves and they make a massive contribution to our country also. The reality is that the Celtic tiger would not have developed were it not for the immigrant workers who came here and assisted the Irish people to develop this nation. It is important to be constantly on guard against any elements of racism that emerge in the broader society. As legislators we have a duty and a responsibility to stand up and be counted to ensure we have respect for all races, creeds and colours in the modern new Ireland. That is the direction in which we are going and there are many positive angles to it.

Section 10 deals with exclusion of members of the public from proceedings. This section gives the judge power to exclude persons from the court, other than officers of the court, persons directly concerned in the proceedings and such other persons as the judge may determine, during proceedings for trafficking or selling purchasing offences under this Bill. This will ensure a lack of publicity surrounding cases where persons are alleged to have been trafficked in circumstances where publicity might place them and their families at risk. This is a strong and important section because we have got to focus on and respect and protect the rights of victims. We cannot have a situation where families are put at risk, particularly in court.

This is a matter that should be seriously considered in a broader criminal justice system. We have to ensure people and their rights are protected, where organised crime, pornography, exploitation of children and human trafficking is involved. We have to be vigilant to ensure we separate the innocent from the guilty. At all times we must be sensitive to the needs of victims and, particularly in this case, young families. That is the reason section 10 is important. It also provides safeguards for people's rights.

Section 11 deals with the anonymity of victims of trafficking. This section guarantees the anonymity of alleged victims of trafficking, unless the judge fully or partially waives the anonymity in the interests of justice. Breach of this section could have serious consequences for an alleged victim. Accordingly, an offence under this section will be triable on indictment with a maximum penalty on conviction of an unlimited fine and-or ten years imprisonment.

On the broader issue of modern day slavery, that this debate is taking place and the Bill is going through the House is a sad reality that despite all the wealth and resources and the many excellent services in place there are sections of people who are constantly exploited. If these people come from poor and disadvantaged countries we must ensure they are supported, politically, socially and economically. Aid must be provided to these countries on a regular basis but it should be given honestly and to the people on the ground in the communities and not wasted by corrupt governments or corrupt officials. We should listen to the advice from many of our voluntary organisations in these countries.

On the question of exploitation of children and human trafficking we have to be vigilant in respect of a section of our population, young children brought up in dysfunctional families who see things that many adults would not see in a lifetime. These children are at risk. Programmes need to be in place to assist these children to have a normal childhood. One cannot expect the child who lives in a drug-fuelled family where there is violence, intimidation and sexual exploitation to have a normal childhood. That is the sad reality for families in Ireland today. That is the sad reality we see every day in the children's courts and in many criminal justice cases. When talking about human trafficking it is important to reflect on these issues because it is all part of the wider debate. If we are concerned about human trafficking we defend their human rights and do something for them but we must ensure that young people and disadvantaged families are supported.

I welcome some of the progressive policies that have been implemented here to assist and prevent this type of situation. The way forward for many of these young people is early intervention through education and support for families through social and family affairs, the development of quality housing and the demolition of ghettos.

I welcome the broader debate. It is important to support the legislation which deals with the exploitation of young families, children, young boys and girls. We should not ignore that reality. We must be supportive of them. This is round one in the legislation stake.

I thank all the people in Dublin North-Central, from Marino, Artane, Beaumont, Coolock, Clontarf, Raheny and across the constituency who sent me letters on the Bill.

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