Dáil debates

Thursday, 7 February 2008

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

 

1:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

If I were to follow Deputy Coveney's advice, I would make provision in respect of the matter in question in this Bill and then be obliged to repeal that provision a few months hence when the Immigration, Residence and Protection Bill is enacted. The latter is the correct mechanism with which to deal with the matter because it deals with residency in the State.

To allay the concerns expressed by Deputy Rabbitte to the effect that persons might be under fear of deportation, I wish to state on the record of the House that I will, on an administrative basis, exercise my discretion as Minister in accordance with the proposed section in the Immigration, Residence and Protection Bill when the legislation before us comes into force. The issue of residency is, therefore, settled. We will have an opportunity to examine the precise provision in the context of the Immigration, Residence and Protection Bill to see whether further improvement can be made. The question of residency does not arise for EU nationals because they have a right to reside here.

I made it clear that the high level group will work on all the protection issues as a matter of urgency. The new director of the anti-trafficking unit is anxious to engage with the non-governmental organisations, NGOs, this month to discuss their concerns and discover how matters can be progressed. Deputy Rabbitte asked if I would consider appointing a representative from the non-governmental side to the high level working group. I will consider doing so. However, I would like the director of the anti-trafficking unit to meet the representatives of all the NGOs which do so much work in this area to identify ways in which immediate progress can be made.

In fairness to my officials, I should inform Deputy Rabbitte that they prepared a brief on the subject of inducement for my consideration before Committee Stage. His entertaining vignette about officials in the Department of Justice, Equality and Law Reform ransacking Human Rights Commission reports is not, therefore, accurate. I was briefed before Committee Stage and I neglected to advise the Deputy of this argument during the relevant debate. The Human Rights Commission stated that it is dangerous to put it on the face of a criminal statute. However, it did not indicate that it is dangerous to include it in an immigration Bill.

Comments

No comments

Log in or join to post a public comment.