Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Ba mhaith liom fáilte a chur roimh an Bille seo. Tá sé ríthábhachtach go ndéanann muid plé air mar bhí Teachtaí ar ghach taobh á lorg le blianta anuas. Ba mhaith liom comhghairdeas a dhéanamh le Ruhama as an obair atá déanta acu agus as an iachall a chur siad agus dreamanna eile orainn an reachtaíocht seo a chur ós comhair na Dála. Beidh reachtaíocht cuíosach foirfe againn nuair a bheidh muid críochnaithe leis na Céimeanna éagsúla má bhíonn an tAire sásta éisteacht leis na buartha atá againn faoi. Tá súil agam go mbeidh muid in ann déileáil leis na nithe sin ar Chéim an Choiste.

While research in terms of precise statistics and figures on the level of trafficking through or within Ireland is sparse, there are indicators that make its existence as a social and human rights problem undeniable. The report published this month by NUI Galway on trafficking for sexual exploitation identified a probable minimum of 76 women. In a presentation to the European affairs committee, of which I was a member, Ruhama indicated in 2005 that it was working directly with 32 victims of trafficking and was aware at that stage of another 70 people. I do not think the numbers would have been reduced in the meantime, but have probably increased. The 328 unaccompanied children who have gone missing from HSE care in recent years is another frightening indicator that we must face up to the very real issue of trafficking. This Bill is a start to facing up to this problem.

The migrants' rights centre published a report earlier in the year showing that trafficking of forced labour is a problem in Ireland, particularly in restaurants, agriculture, construction, and among domestic workers. While I am happy that "a child" is defined in the Bill as anyone under 18 years, I hope this indicates a change from the regressive move by a previous Minister for Justice, Equality and Law Reform to lower the age of criminal responsibility to 10 years in other legislation.

Human trafficking necessitates a two pronged approach, a successful criminal prosecution against traffickers and protection and support for the victims of trafficking. To a great extent these ideals are interdependent. The overdue Criminal Law (Human Trafficking) Bill 2007, as drafted, introduces new human trafficking offences and is welcome. However, it does nothing to address the protection of victims. We have been told that we must wait a little longer for such provisions. There will be fines for offences of trafficking in children and adults for the purpose of labour exploitation, sexual exploitation and organ collection. I trust it is the intention of Government to criminalise human trafficking for the purpose of exploitation, but I am worried that in the case of children, the Bill leaves many gaps. I appeal to the Minister to address these loopholes on Committee Stage. A child may be trafficked for exploitation in a manner other than the three mentioned, for example for adoption, for welfare benefits or ritualistic sacrifice.

In 1998, seven year old Victoria Climbié was trafficked from the Ivory Coast to Europe for the purpose of benefit fraud. Her aunt promised Victoria's parents that she would give their little girl a better life and educational opportunities. In February 2000, two years later,Victoria died in a hospital in England, having suffered months of horrific neglect, physical abuse and degrading treatment. She was just eight years and three months when she died in what was to become one of the worst cases of physical child abuse and exploitation ever documented. Victoria's aunt and her partner received a life sentence for her murder. We hope that cases as extreme and horrific as the murder of Victoria are few in number but a higher number of children may be trafficked for benefit fraud. Those who are arranging to transport them have little or no concern for their welfare as their primary goal is financial. I recall the case of five year old Adam, whose torso was found in the River Thames in 2004. It was said that he was trafficked from Nigeria for the specific purpose of ritual killing. Even though that is very rare, we need to ensure that it is covered. We must ensure the law has watertight provisions for criminal prosecutions of these offences. A simple amendment could cover exploitation for financial gain, ritualistic killing and abuse, and adoption and this would increase the potential for successful prosecutions to be taken against all traffickers in human beings.

The Council of Europe Convention on action against trafficking in human beings recognises that victim protection is as important as any part of the approach. The Government should take all steps necessary to ensure that Ireland signs and ratifies this convention as a matter of urgency. This would strengthen the Bill. Provisions in section 12 allowing victims to testify via television link, while welcome, are no substitute for a reflection period or a residency protection. The Minister has attempted to justify the absence of victim protection from the Bill by saying it will follow in the long awaited immigration and residency Bill. However, when will that Bill come before the House? How soon will it come into effect, considering the length of time we have been waiting for the Criminal Law (Human Trafficking) Bill? We should incorporate protection in this Bill to ensure that we have such measures when the Bill is enacted. The rationale for delaying victim protection until the immigration and residency Bill comes before us is also based on a false premise that all trafficking victims are immigrants. This may not be true. Under the definition in the Bill, trafficking is not limited to cross-jurisdictional movements, and it can occur in the State also.

The Bill could be improved in terms of victim restitution. Under the Bill, when a judge is sentencing, he may issue a fine or a prison sentence up to life imprisonment. The judge should also be empowered to issue an order at that stage mandating a compensation payment to the victim where appropriate. This is particularly important, given that many victims no longer reside in the State and will not be in a position to pursue a claim for damages through civil court structures. I urge the Minister to examine this and try to ensure we will have the strongest legislation possible in line with the demands of various groups to all parties in the House to address this issue.

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