Simon Coveney (Cork South Central, Fine Gael)

The disadvantage of this is that while we are talking, I suspect the Minister has more or less made up his mind on this issue. That said, it is important to put the arguments on the record.

I am glad to see Deputy O'Rourke in the House. When she was the Leader of the Seanad after two fairly explicit "Prime Time" programmes which exposed the darkness of human trafficking in Ireland, she was one of the politicians who promised legislation would be brought forward on behalf of the Government. We now have that legislation. It is a reflection of the goodwill on this side of the House in welcoming the legislation that there are only 20 amendments on Report Stage. That is an indication that the Minister has got much of this right. There are three broad areas for which we need to legislate: prosecution, prevention and protection of victims. As regards prosecution, we needed definition and tough sentencing to provide the Garda Síochána and the courts with the required ammunition to deal with traffickers. The Minister has done well and that is recognised across the board by people who have taken an interest in this legislation and have been lobbying for it.

We will come to prevention shortly when dealing with forthcoming amendments. We must target demand in a more effective way but I appreciate that we cannot deal entirely with the sex industry, including prostitution, in a concise piece of legislation such as this, which is specifically about human trafficking. We can move to protect victims, however, because there are three categories involved in this crime: traffickers, users who provide the market, and victims. This legislation should specifically target traffickers, which we do reasonably successfully, and victims. On Committee Stage, the Minister said the debate was about criminal law rather than the broader issues of support and service provision for victims. Deputy Naughten, however, made the correct link encouraging victims to come forward in order to facilitate prosecutions. Gardaí cannot secure convictions without evidence and without people having the courage to come forward to tell their stories.

Trafficking is organised by ruthless, well-resourced, bright people who make money from intimidation and exploitation. It is a world of fear for the victims involved because they are afraid of the consequences if they choose to speak out, and if they do not do as they are told they get beaten up. I could cite a number of examples of people of various ages who came to Ireland and were exploited and abused in the sex industry, but I do not think that would add to the debate.

This Bill tells the victims, traffickers and other European countries that this is Ireland's legislative response to human trafficking. We have dealt with certain issues very well but people will ask what we are doing for victims. The response appears to be that we will deal with them in the immigration and residency Bill. Much work has been done in the European Parliament to prevent human trafficking across the European Union but the MEPs concerned say the last thing we should be doing is blurring the barriers between illegal immigration and exploitation through human trafficking. Victims of human trafficking should be treated as victims of sexual violence and exploitation in the same way as we would deal with a young Irish girl if she was exploited and violently abused. Their nationality should be irrelevant because such people require the assistance of the State. They should get it by right, rather than including such measures in an immigration and residency Bill. As Deputy Rabbitte pointed out, many people are involved in human trafficking who have come here legally. They came here expecting something but get something very different and are subsequently afraid to speak out.

I welcome the fact the Minister has decided to legislate for temporary residency permits for victims of trafficking. We are required to do so anyway by the European Union but it is a big step forward to include that provision in the immigration and residency Bill. I think it is in the wrong place, however. If we are going to deal with the matter in immigration legislation, why not do so in the Bill before us? In that way the Bill would be all-encompassing in dealing with criminal law issues as well as the compassionate side by giving rights to victims. It would be better to do that rather than having to revert to this issue at a later date.

On Committee Stage, the Minister said he would examine ways in which he could deal with the interim period between the enactment of this Bill and the immigration and residency Bill. He said we should try to put some measure in place for that interim period. I do not understand why the Minister cannot accept Deputy Rabbitte's amendment. As it happens, I think the Labour and Sinn Féin amendments are slightly preferable to ours because they are more all-encompassing. However, I do not really care which amendment is accepted because I want the Minister to address the principle involved. I hope he realises this is not political point-scoring. There are no votes in this matter one way or the other; it is an effort to try to produce as comprehensive a human trafficking Bill as possible. I recognise that in this Bill it is difficult to deal with the demand side by including those using prostitutes because it would require a study in itself. It is not difficult, however, to protect victims either when they come forward or when they are rescued. It would be seen as a compassionate and just approach as well as the tough stance already contained in the Bill. Even though I suspect the Minister already has his answer prepared, I hope he will be influenced by what other speakers have said.

See this speech in context