Brian Lenihan Jnr (Dublin West, Fianna Fail)

I explained on Committee Stage that a similar amendment from Deputy Naughten did not make sense as proposed, but it did raise an issue that I undertook to examine before Report Stage. The effect of his amendment would be that a person could consent to being coerced, threatened or deceived into being trafficked. There was a difficulty with that particular formula in terms of the international agreements.

However, the amendments on consent as raised by Deputy Rabbitte and Deputy Naughten on Committee Stage did draw my attention to a provision in the international instruments, under which a consent given to the exploitation that arose from trafficking did not negate the fact that the person was trafficked. It is arguable that this is implicit in the offence, but it is desirable to transpose it into our statute and to put it into the text of the Bill, especially since it is specifically provided for in the international instruments. That is what I am doing in amendment No. 13. I commend that amendment to the House and I thank the two Deputies for raising this issue.

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