Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Amendment No. 1, tabled by Deputy Mac Lochlainn, is outside the scope of the Bill and is out of order.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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Amendments Nos. 2 and 3 are related and may be discussed together.

Alan Shatter (Dublin South, Fine Gael)
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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 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.

Alan Shatter (Dublin South, Fine Gael)
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I move amendment No. 3:

In page 3, lines 15 and 16, to delete all words from and including “ACT 2008” in line 15 down to and including “ACT 1998” in line 16 and substitute the following:“ACT 2008, THE CHILD TRAFFICKING AND PORNOGRAPHY ACT 1998 AND THE CRIMINAL EVIDENCE ACT 1992”.

Alan Shatter (Dublin South, Fine Gael)
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I thank Members not just for their support but for their co-operation in facilitating the enactment of this measure. I appreciate the contributions of Members. I thank the Ceann Comhairle because I am conscious the House is sitting on a Friday, which is not always the case, but I think we might have more Friday and Monday sittings over the coming weeks. It was important that this measure complete its passage so that it can be enacted before both Houses go on vacation for the summer period. I thank Members for their assistance and co-operation in this regard.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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The Bill is a good Bill, with the caveat that we have some concerns. I appreciate the reason our amendment was ruled out of order. The issues are pertinent to the difficulties encountered by asylum seekers and those who are trafficked. I refer to the issues of identification of victims, the supports available for victims of trafficking when they have been identified and the preparation of witnesses. The related provisions need to be strengthened. I refer also to the wider issues of the inadequacy of direct provision centres and the right for asylum seekers to work while awaiting the outcome of the asylum process so that people are not relying on small payments while living in direct provision centres that are almost institutions. This is the issue of our time. I ask the Minister to continue to consider how the wider system can be reformed.

Seán Barrett (Dún Laoghaire, Ceann Comhairle)
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The Bill, which is considered to be a Bill initiated in Dáil Éireann in accordance with Article 20.2.2° of the Constitution, will be sent to the Seanad.

Before we depart, I wish Members of the Houses and their Assembly colleagues at Stormont the very best for this Sunday's charity walk in the Mourne mountains in support of Rett Syndrome Ireland. In particular, I wish to congratulate Deputy Caoimhghín Ó Caoláin and the Minister, Deputy Jimmy Deenihan, who have organised this event. Let us hope there is sunshine and plenty of money made for a very worthwhile charity.

Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Absolutely. We are all set.