Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I move amendment No. 2:

In page 6, before section 4, to insert the following new section:4.--The Criminal Evidence Act 1992 is amended--

(a) in section 15--

(i) in subsection (1), by substituting the following paragraphs for paragraphs (a), (b) and (c):

“(a) under Part IA of the Criminal Procedure Act 1967, the prosecutor consents to the sending forward for trial of an accused person who is charged with an offence to which this Part applies,

(b) the person in respect of whom the offence is alleged to have been committed, or a person who has made a videorecording under section 16(1)(b)(ii), is under 18 years of age on the date consent is given to the accused being sent forward for trial, and

(c) it is proposed that a videorecording of a statement made by the person concerned during an interview as mentioned in section 16(1)(b) shall be given in evidence pursuant to that section,”,

and

(ii) by substituting the following subsection for subsection (2):

“(2) The judge hearing an application under section 4E of the Criminal Procedure Act 1967 may consider any statement made, in relation to an offence, by a person in a videorecording mentioned in section 16(1)(b) if the person is available for cross-examination at the hearing of the application.”,

(b) in section 16(1), by substituting the following paragraph for paragraph (b):

“(b) a videorecording of any statement made during an interview with a member of the Garda Síochána or any other person who is competent for the purpose--

(i) by a person under 14 years of age (being a person in respect of whom such an offence is alleged to have been committed), or

(ii) by a person under 18 years of age (being a person other than the accused) in relation to an offence under--

(I) section 3(1), (2) or (3) of the Child Trafficking and Pornography Act 1998, or

(II) section 2, 4 or 7 of the Criminal Law (Human Trafficking) Act 2008,”,

and

(c) in section 19, by substituting “16(1)(a) and (b)(ii) to a person under 18 years of age and the reference in section 16(1)(b)(i)” for “16(1)(a) to a person under 18 years of age and the reference in section 16(1)(b)”.”.

The main purpose of amendment No. 2 is to extend to human trafficking offences existing rules that make it easier for children to give evidence in criminal prosecutions. I made reference to this in my opening speech on Second Stage. Article 15.4 of the EU human trafficking directive provides that member states shall take the necessary measures to ensure that in criminal prosecutions of human trafficking offences, all interviews with a child victim or, where appropriate, with a child witness may be video-recorded and that such video-recorded interviews may be used as evidence in a wider extension of these rules. There are provisions similar to Article 15.4 of the human trafficking directive in an EU directive on combating sexual abuse and exploitation and also in the EU directive on victims' rights.

The other elements of amendment No. 2 are of a consequential nature. The amendments to section 15 of the Criminal Evidence Act 1992 provide for consequential changes to rules of criminal procedure. Currently, the prosecution must give notice to the accused that it is intended to give evidence in the form of an out-of-court video-recorded statement of a victim under the age of 14, to give the accused an opportunity of viewing the video-recording. The amendments to section 15 extend this requirement to reflect the new categories of child witness whose evidence can be video-recorded out of court. Section 19 of the 1992 Act cross-references other provisions in that Act to apply rules relating to child evidence to vulnerable persons aged under 18 or under 14, as the case may be. Again, the amendment to section 19 adjusts these references to reflect the new categories of child witness whose evidence can be video-recorded out of court. Amendment No. 3 makes a consequential change to the Long Title of the Act.

I believe these are very significant and worthwhile developments in assisting child victims of human trafficking in criminal investigations and proceedings. I hope Deputies will support these provisions and I commend them to the House.

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