Dáil debates

Thursday, 7 February 2008

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages

 

1:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)

The objective of this Bill is to put traffickers out of business. However, by using the arguments of the Human Rights Commission, the Supreme Court judgment in the Gilligan case and the law of unintended consequences, the Minister contradicted what he said in respect of the Immigration, Residence and Protection Bill. The initial 45 days may not be dependent on assisting the Garda. However, in the six-month period and the six months subsequent to it we are dependent on people assisting the Garda. I am sure the Minister will use a different argument when we deal with this matter in the context of the immigration legislation. What he said is a fallacy.

The Minister referred to a comprehensive strategy. However, we do not know the nature of that strategy and provision has not been made in respect of it. We are aware that provision will be made for temporary residency in the Immigration, Residence and Protection Bill. However, no such provision will be made in respect of protection. No one will assist the Garda or provide evidence unless they are given protection. Deputy Rabbitte's amendment makes provision in respect of protection. A commitment has not been given to the effect that the said provision will be made.

The Minister stated that the conditions relating to habitual residency will have to be considered in the context of the Social Welfare and Pensions Bill. I could provide numerous examples of matters in respect of which his Department is supposed to be tick-tacking with the Department of Social and Family Affairs but with regard to which nothing is happening. However, we will discuss that matter next week.

The Council of Europe Convention on Action against Trafficking in Human Beings will not, from a protection point of view, be complied with until the matters to which I refer have been addressed. Neither this Bill nor the Immigration, Residence and Protection Bill make statutory provision for these matters.

What is the timetable with regard to complying with the various elements of the Council of Europe Convention on Action against Trafficking in Human Beings? When will the Minister be in a position to inform the House that Ireland has fully complied with the Convention, including in the context of introducing protection measures?

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