Denis Naughten (Roscommon-South Leitrim, Fine Gael)

The problem is that if the victim when picked up by the Garda Síochána does not inform the garda that he or she is a victim of trafficking, there is no protection for him or her. The difficulty is that there has been a shift in the legislation proposed under the immigration Bill from the situation as it exists at present. At the moment if someone is to be removed from the State, first the Garda must apply to the Department for a deportation order. Then the notice of intention to deport is issued and a person has 14 days to respond before being deported. However, we got rid of deportation orders so that whole procedure is gone. The fact that someone is resident in the State without proper documentation means that he or she can be deported immediately.

Take a man or woman in a very vulnerable situation, possibly in relation to labour employment, where he or she does not have the language or does not trust authority. How will such a person admit to or explain to a member of the Garda Síochána that he or she has been trafficked. In the meantime, the fact that he or she is already resident here means that he or she can be legally deported forthwith under the Minister's proposals in the legislation. There is now a greater need for this protection to be built into this legislation than when it was being dealt with on Committee Stage.

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