Dáil debates

Tuesday, 12 July 2011

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

 

9:00 pm

Photo of Marcella Corcoran KennedyMarcella Corcoran Kennedy (Laois-Offaly, Fine Gael)

I welcome the provisions included in the Bill to strengthen the various laws and make them more effective. I thank the Minister, Deputy Shatter, the Minister of State, Deputy Lynch, and their staff for the excellent work they have done in bringing the Bill before the House in advance of the Dáil recess.

I wish to address the amendments on human trafficking, good samaritans, volunteers and domestic violence. Human trafficking is a lucrative criminal activity now rivalling the drugs trade. It is criminalised under the Criminal Law (Human Trafficking) Act 2008 carrying penalties up to life imprisonment. It is a crime which does not feature often in headlines but it is a crime of which we as a society must be aware and be vigilant to combat. It is modern slavery and it is on the increase. Human trafficking is rooted in equality and social marginalisation. Its victims are exploited for sexual, labour and organ removal reasons. Sadly, an increasing number of migrant women need help to escape the stranglehold of criminals.

I welcome the fact that the Garda Síochána has identified trafficking of human beings as a priority in its annual policing plan, with the Garda National Immigration Bureau specialising in this area. Its work in identifying individuals to the Legal Aid Board as potential victims means that no means test or financial contribution is required by the alleged victim. I seek clarification on that as there appears to be some distinction between advice and taking cases to court.

The Legal Aid Board does excellent work and provides solicitors who have received specific training in human trafficking issues. The Legal Aid Board now having this statutory backing means it can provide legal advice all through the criminal justice process to alleged victims of human trafficking in regard to trafficking or any other offence. That will ensure that victims will now be fully protected and advised on their role as a witness. That is as it should be as many are reluctant and frightened about the repercussions in coming forward as witnesses against criminals.

The proposal will also support the Council of Europe Convention on Action against Trafficking in Human Beings and a UN protocol on trafficking in persons, especially of women and children. Ireland is also a member of the European G6 human trafficking initiative together with the United Kingdom, Poland, Italy, Spain and the Netherlands. The aim is that the EU will become an impossible place for criminals to engage in the trafficking of human beings.

I welcome the Part of the Bill dealing with the civil liability of good samaritans and volunteers, which implements recommendations of the Law Reform Commission on the civil liability of good samaritans and volunteers. We have a wonderful tradition of volunteering and community spirit and to have good samaritans hesitate to act in good faith to provide assistance in an accident or emergency owing to the fear of litigation at a later date is unthinkable. That this provision will protect good samaritans from liability is an excellent element of the Bill.

The strengthening of the Domestic Violence Act 1996 is to enable a safety order to be applied to obtain full protection of the law against the other parent of the children in cases where people who may never have had an active role in their family's life can turn up at any time and intimidate a family. I know anecdotally of circumstances where parents turn up from other countries not having had any involvement in their families' lives and proceed to intimidate them. I welcome this part of the Bill and the fact that the protections are extended to opposite sex and same sex couples.

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