Brian Lenihan Jnr (Dublin West, Fianna Fail)

Again, we are back to the discretion of the director. I want to correct one impression conveyed by Deputy Rabbitte. Of course, the file submitted by the Garda to the Director of Public Prosecutions would refer to trafficking if there was any suggestion of trafficking. The difficulty Deputies Rabbitte and Naughten have, and the difficulty we have with this whole phenomenon, is the unwillingness of the victim to come forward. The core provision is in section 124 of the Immigration, Residence and Protection Bill which provides for a period for recovery and reflection. The person who recommends that to the Minister is a member of the Garda Síochána. Clearly if there is the slightest suspicion of trafficking the Garda will investigate it and that will change the whole colour of any criminal proceeding that might be intended to be initiated against a victim.

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