Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I commend the Minister of State, Deputy James Browne, on bringing forward this important legislation. As my colleague, Deputy Murnane O'Connor stated, it is the case that laws existed to criminalise human smuggling and they were contained within the Illegal Immigrants (Trafficking) Act 2000. However, that legislation covered a lot of issues, including human trafficking as well as human smuggling. It is crucial that when we are dealing with something as important as human smuggling and human trafficking that we distinguish between them and that we have individual criminal justice responses in respect of each of them. That is why it is so important that we are bringing forward this legislation today which deals specifically with human smuggling. If we are trying to establish a criminal justice system that identifies and emphasises the wrongdoing associated with certain criminal acts, it is helpful if the legislation deals exclusively with the act we are trying to prohibit and criminalise. That is why there is a benefit in separating the two crimes of human trafficking and human smuggling and, in respect of the latter, that we have a specific piece of legislation regulating it.

It is hard to decipher which crime is more dangerous. Both of them are deadly from the point of view of the unfortunate people who are subjected to being trafficked or smuggled into another country. If somebody is smuggling individuals into this country and there are tragic consequences, as can happen, such as death, it is the case that there will be other penalties available and other crimes can be prosecuted in respect of those deaths. We saw that in the UK recently in respect of the tragic deaths of 39 Vietnamese people arising from them being smuggled into the United Kingdom.

There are also benefits in this legislation in that it specifies the type of actions the State can take in to ensure we can vigorously confront those people who are involved in a vast criminal enterprise in trying to smuggle people into this country. Under this legislation, power will be given to the relevant authorities in respect of Irish ships or ships sailing under an Irish flag to seize documents and other pieces of relevant evidence in respect of those ships.

This is an international business and criminal enterprise. It is funded by the unfortunate and tragic circumstances that so many people around the world are experiencing at present. In years to come, when we look back at the 21st century, one of the most abiding images will be of desperate people trying to leave war-ravaged or impoverished countries or regions to try to make a new life for themselves and their families. We see it in terms of people trying to cross the Mediterranean to get into Europe. Now we see it with people trying to cross the English Channel to get into England, and we have seen it for many years at the border of Mexico and the United States with people from Central America and South America trying to get into the United States of America and Canada.

All of these actions share a number of characteristics. First, we have people who are leaving desperate regions. Second, the reason they are leaving those desperate regions is predominantly because of maladministration and bad governance by the governments in the countries from where they are coming. That is a consistent feature when one looks at the migrant crisis we face today and that these people are facing. They are not leaving for purely arbitrary reasons; they are leaving out of necessity. They are leaving Syria because it is a war-torn country. People are leaving Nicaragua and Venezuela because of the inability of the governments there to ensure that the quality of life is available for them in those countries. That is a huge challenge, not just for the countries that are providing the maladministration, but for those countries to where people are seeking to come in Europe, the United Kingdom, the United States of America and other countries around the world. Migrants are desperate to have the opportunity to live a better life, in the same way as Irish people who left this country in the 19th century when we left as a result of the political crisis and the war ravages that were caused here at the time as well as the Famine. We must recognise that the solution to human smuggling and human trafficking lies at a much higher international level.

In fairness to the Minister of State, Deputy James Browne, I know neither he nor the Government can be expected to seek a resolution in that respect. However, when we look at how the international community has come together to deal with the climate crisis and the recent conference in Glasgow, surely we are crying out for a similar type of convention and agreement in respect of the migrant crisis we see around the world. It cannot simply be the case that the migrant crisis is to be resolved by countries deciding that huge numbers of people will migrate to different parts of the world. That may be a consequence and characteristic but there is more to it. There must be consistent and good levels of governance and management in countries around the world. This may appear naïve or too optimistic but we must accept the crisis of migration will continue throughout the 21st century unless we put in place some form of a more coherent system to respond to the issues affecting people leaving those countries.

As mentioned, probably the most important people to consider when it comes to tackling smuggling are those who are being smuggled. The fact they have paid money and are doing this consensually or with their agreement does not take away from their desperation. They are in an appallingly desperate position. I am sure it is the case that when they arrive here, having been smuggled into the country, they should be able to avail of the international protection system that operates here. I know it is improving and the Minister of State is doing his best to ensure it becomes much more effective.

The matter of international protection here has probably been alleviated as a result of the pandemic. The numbers are down significantly compared with what they were two years ago. If people find themselves in the unfortunate and horrific position of being smuggled into this country by criminals who have no consideration for the health of the people being smuggled, it is imperative on this State to protect those people when they arrive.

I note the Irish Human Rights and Equality Commission was critical of the Bill because it does not contain any specific references for migrants but as the Minister of State knows, those protections are elsewhere. They also must be added to.

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