Dáil debates

Tuesday, 12 July 2011

Civil Law (Miscellaneous Provisions) Bill 2001 [Seanad]: Second Stage (Resumed)

 

8:00 pm

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)

The provision whereby those who sell alcohol will be held to some degree of responsibility for the consequences of its sale is certainly one of the welcome aspects of the Bill. The introduction of a code of practice and the proposal to review licences where there is irresponsible behaviour on the part of sellers are welcome changes. I equally welcome proposals to impose some type of code of practice on the advertising of alcohol. It is sickening that large multinational companies in particular bombard the public with alcohol advertising conveying the message that their product will solve all of life's problems. There should be restrictions in that area. I also welcome the proposals to enhance equality legislation.

However, I have concerns regarding some aspects of the Bill, particularly the proposal on the provision of legal advice to victims of human trafficking. This crime is one of the most vile examples of a society that needs to do something about its priorities. The commodification and enslavement of human beings, particularly vulnerable women, and their sexuality for the purpose of trade is a horror that must be dealt with urgently. The proposal to extend the provision of legal advice to victims of human trafficking is minimalist and seems only to be included in order to bring us into line with demands from European and international bodies. It is a case of doing the least possible required.

As other Deputies have said, and as organisations dealing with the victims of human trafficking and the sex trade have proposed, we must go further on this issue. The tiny number of prosecutions in this area clearly shows there is a problem in that the victims of these crimes are not coming forward because of a fear of the consequences. If we want to give confidence to women in this situation we must show a seriousness about offering them support. This means, at a minimum, giving them legal representation and not just legal advice, whatever that might involve. In addition, some of our very draconian immigration legislation is part of the problem. It is so weighted towards getting people out of the country as quickly as possible without giving them a fair hearing that genuine victims of the horrible phenomenon of sex trafficking will be discouraged and fearful of what is likely to happen to them if they speak up about their plight. The very least this Bill should do is afford legal representation to people in that situation.

I am broadly supportive of the proposed amendments to equality legislation. However, I am concerned that the proposal that certain types of submissions be dealt with in writing only may have adverse implications for employees. This amendment is being put forward on the basis of improving efficiency, but there is also reference to reducing expenditure. My concern is that this is merely a cost-cutting measure which will lessen the opportunity for people who are being treated unfairly by their employer to make their case to the Equality Tribunal. In other words, it is a way of fast-tracking complaints through the system. I hope that is not the case, but it looks like it might be.

On the bankruptcy issue, there is a need for legislative change in this area, but we also need to distinguish between different categories of people who find themselves bankrupt or insolvent. As for those whose greed got them into massive financial difficulty as well as the country into massive financial problems, I have no interest in allowing them to walk away from their responsibilities. However, people who find that they are unable to meet their mortgage repayments or to keep their small businesses going and face bankruptcy as a result - and many ordinary people find themselves in that situation - must be given a break. The measures must be focused on the circumstances of homeowners and small businesses who find themselves in difficult circumstances in the current economic situation. The big fish seem to be able always to get away with things. If anything we should take measures to get some of their wealth from them and their wives.

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