Denis Naughten (Roscommon-South Leitrim, Fine Gael)

What we are talking about here is the fundamental issue in the Bill. We are trying to rely on victims to come forward to the Garda Síochána and then commit themselves to give evidence in potential prosecutions. My amendment proposes that a temporary residency permit for a period of six months would be provided to the victim of trafficking and that it could be renewed by the Minister for Justice, Equality and Law Reform. The reality is, and we articulated this on Committee Stage, that it would be virtually impossible for the Garda Síochána to take successful prosecutions unless proper protections are built into this legislation.

It is fundamentally important that we provide assistance and protection to these persons in terms of housing, medical support, interpretation and legal services. I tabled an amendment on Committee Stage specifically on the issue of legal services. When the Minister responds I know he will say this matter is being taken care of in the Immigration, Residence and Protection Bill. Deputy Rabbitte raised a fundamental point, namely, that the Immigration, Residence and Protection Bill specifically deals with non-EEA nationals.

If one looks through the list of amendments tabled by Deputy Rabbitte, many of these issues, even if there was provision for them in the Immigration, Residence and Protection Bill, which there is not, would exclude EEA nationals in regard to what are basic rights, if they continue to reside here and assist the Garda in taking successful prosecutions. Those rights are the protection of private life of victims, appropriate medical assistance for victims, secure accommodation, translation and interpretation services, counselling and information services, legal aid, voluntary repatriation, family reunification, special protection for child victims, the right of access to training and education and the issue of compensation and access to social welfare benefits. I put it to the Minister that if an EU citizen is residing here for less than two years, due to the habitual residency condition, he or she would not be eligible for social welfare benefits. There are other social welfare benefits that are dependent on making a PRSI contribution and I doubt if many victims would be paying PRSI. These individuals, who are citizens of the European Union, will be denied basic rights, not that any provision is being made for people outside the EU in regard to the specific issues in the Immigration, Residence and Protection Bill. What we are being given is a pig in a poke. We are told they will be given a reflection period and temporary residency but, other than that, we do not know with what they will be provided. It is of fundamental importance that specific provision is laid out for these individuals. To take, for example, the issues in regard to counselling, information services and medical assistance, will these be dependent on the HSE providing funds? If Irish people cannot get access to this assistance at present, how victims of trafficking will do so unless it is enshrined in legislation defies comprehension.

It is fundamentally important that we have successful convictions, which is what we all want — this is a key objective of every Member of the House, including the Minister and the Opposition. However, we will not have successful convictions unless proper provisions are made for the victims of trafficking. The last thing any victim should need to be concerned about is even a remote possibility of being deported from this country. While we can tease this issue out when the Immigration, Residence and Protection Bill comes before us, my interpretation of that Bill is that temporary residence beyond a period of 45 days will be dependent on those individuals assisting the Garda Síochána in attempting to take a prosecution. As I said on Second Stage of this trafficking Bill, this is a dangerous avenue to go down because it will be used by defendants as a means to pour cold water on the evidence of a victim. It will be suggested the only reason he or she is giving evidence is to ensure he or she is given residency in the State, temporary or otherwise.

It is critical that residency is not dependent on assisting the Garda with successful prosecutions. In the vast majority of cases, these individuals have been abused by the traffickers bringing them in — who, in many cases, are Irish citizens or other EU nationals, and who act as pimps — and by Irish citizens availing of the so-called services. There is an onus on us to ensure these individuals are given the proper protections, which should be enshrined in primary legislation or, at the least, secondary legislation. It is of fundamental importance that this happens.

On Committee Stage, the Minister said he would respond to us on this issue. He said he would, at a minimum, outline an administrative arrangement that would be put in place. I hope he will respond to us in that manner because, at the least, it is required that this be put in place, even as a temporary measure until the Immigration, Residence and Protection Bill is enacted and in force. This Bill will be enacted with 30 days of an Uachtarán signing the Act into force, which will be a positive development. However, there is not much point having the legislation in place without having the protections in place, if we are to ensure that people are prepared to come forward to give evidence, explain to the Garda exactly what is happening and ensure we get successful prosecutions.

When the Minister responds, I hope he will also deal with the issue of resources. Making a statement to the House that A, B and C will be done is worthless without the resources being put in place. I have provided an example with regard to the health service, and we spoke last night with the Minister's officials with regard to the treatment of child victims in the context of the immigration Bill and the health services. This is particularly pertinent given the number of children who have entered this jurisdiction and been placed under the protection of the HSE by officials of the Department of Justice, Equality and Law Reform only to literally evaporate into thin air.

This is not an acceptable situation, even if the Minister gives a solemn commitment to the House that basic health services will be provided to the victims of trafficking. The difficulty is that even if Professor Drumm of the HSE put this information on the record of the House, we could not believe the words coming out of his mouth given the commitments that have been made with regard to other services. It is fundamentally important that we get an indication of ring-fenced resources that will be made available. Firm commitments must be made on the protection and assistance that will be provided to victims in the interim period before the enactment of the Immigration, Residence and Protection Bill.

The Minister suggested the immigration Bill would provide the protections that are missing from this Bill so the lack of detail is very disappointing, as is the failure to deal with the fundamental issues listed by Deputy Rabbitte in regard to his amendment, to which I referred on Second Stage and Committee Stage. Unless specific provisions and commitments are made, and the necessary resources provided, we are all wasting our breath in bringing this Bill through the House. Without those protections, we know we will not have successful prosecutions and until we have successful prosecutions that are not only publicised in this jurisdiction but throughout the EU and further afield, this practice will continue.

We can debate how prevalent trafficking is in this jurisdiction. The reality is that it is happening on a daily basis in this State, to what extent we do not know. We want to eradicate it once and for all. The only way to do this is to ensure statutory protections and provisions are put in place with regard to the services provided to victims.

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