Dáil debates

Thursday, 25 October 2007

Criminal Law (Human Trafficking) Bill 2007: Second Stage

 

3:00 pm

Photo of Chris AndrewsChris Andrews (Dublin South East, Fianna Fail)

I am glad to have the opportunity to speak. As a parent of two young girls I, like every other parent, have hopes and dreams for them. When people become involved in trafficking, they are not only destroying the hopes and dreams of the parents but the innocent hopes and dreams of the child concerned whose life is likely to become a horror story. It is important to end trafficking. Life is hard enough for everybody without us allowing dreams to be smashed before lives even start. The recent arrest of traffickers in Holland, Spain, Belgium, Britain, the United States and Ireland is very welcome. It is important to acknowledge the commitment and effectiveness of those who worked to effect those arrests. It must be one of the most difficult jobs within the Garda Síochána. I also acknowledge, as previous speakers have done, the contribution of Ruhama, an organisation which supports the victims of violence against women. Its workload is increasing. I urge that supports for it should increase in keeping with its increased workload.

Human trafficking is one of the greatest scourges in society and becoming increasingly apparent. It is defined as the recruitment, transportation, transfer, harbouring or receipt of people for the purpose of exploitation. In other words, it is modern day slavery. Many of us would have thought that slavery was long gone. Abraham Lincoln abolished it in America in 1865. Great Britain recently marked the 200th anniversary of the abolition of slavery this year. Unfortunately — judging from the debate people are saddened by the fact — slavery remains a real and modern phenomenon. Human trafficking is a global industry. It is estimated that anywhere between 700,000 and 4 million women and children are trafficked every year. It is difficult to obtain exact figures, as many cases go under the radar. These figures serve to remind us of the negative impact of globalisation. However, it has also had major positive impacts which people recognise. One of the negative results is increased human trafficking. While it is easier to carry out financial business transactions across the globe, unfortunately, it is also easier to buy and sell people.

Ireland is not immune to this phenomenon. Human trafficking represents one of the worst violations of human rights, the right to freedom. What most of us take for granted every day is systematically abused for millions all over the world. That is why I welcome the publication of the Criminal Law (Human Trafficking) Bill, the aim of which, to use the words of the Minister, is to make Ireland a more hostile environment for those who might consider trafficking people here. It criminalises the trafficking of persons for the specific purpose of the trafficked person's sexual or labour exploitation or removal of his or her organs or for any reason. It applies to the trafficking of both adults and children.

This legislation will serve to bring Irish law into line with European and international standards. The offences as outlined in the Bill are in line with the European Union Framework Decision on Combatting Trafficking in Human Beings, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplements the United Nations Convention Against International Organised Crime and the Council of Europe Convention on Action against Trafficking in Human Beings. The prohibition of 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.

Not only are we acting to bring domestic legislation into line with international standards, the Bill is also part of a much broader strategy. I compliment the Minister on not dealing with this matter in isolation but on looking at that broad strategy. He has announced a new high level group on combating trafficking in human beings, an initiative I very much welcome. This group will draft a national action plan which will allow Ireland to deal with the broader issues and enable the relevant administrative structures to be put in place.

I also welcome the initiative being taken by the Minister on a European level. We will be taking the lead and hosting an international meeting in Dublin early next year. We are part of the European G6 initiative involving six member states, the aim of which is to make human trafficking less attractive to potential criminals, to create a hostile environment for them. To use an old cliché which is very accurate on this occasion, prevention is better than cure. This represents a proactive and co-operative approach to an interstate problem.

The Bill is broadly welcomed by many organisations working in the area of trafficking. Particularly welcome is section 11 which 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 it will be triable on indictment with a maximum penalty on conviction of an unlimited fine and-or ten years imprisonment. However, it is imperative that the rights of the victims continue to be protected.

There are four separate aspects to trafficking in persons, one which is the criminal law. The second includes immigration issues which will be dealt with in the forthcoming Immigration, Residence and Protection Bill. The third is the protection of victims of trafficking and the provision of services for them while they remain in the country. The fourth is Garda operations and international co-operation with other police forces and agencies to deal with this type of criminality. I urge the relevant parliamentary committees — I hope to be particularly active on and involved with those committees — to keep in mind the rights of victims in every aspect and at every stage of each Bill and initiative. It is the human rights of victims of trafficking that we, as legislators, are aiming to protect. Victims of trafficking have no voice. They will have experienced traumatic events and will often not be in a position to defend and advocate for themselves. At a time when the rights of victims and their relatives are top of the agenda, I urge that the rights of those without a voice be prioritised and that the legislation provide the necessary support and protection. The Minister has prioritised this issue, which I very much welcome.

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