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Written Answers — Child Care Services: Child Care Services (21 Feb 2008)

Brendan Smith: As the Deputy will be aware, I have responsibility for the National Childcare Investment Programme 2006-2010 (NCIP), which will invest €575 million over 5 years. I understand from enquiries made that the Group in question applied for transitional funding under the NCIP Community Childcare Subvention Scheme 2008-2010 (CCSS) in December 2007, two months later than the requested date for...

Written Answers — Children in Care: Children in Care (26 Feb 2008)

Brendan Smith: The Deputy's question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Written Answers — Health Service Reports: Health Service Reports (26 Feb 2008)

Brendan Smith: The HSE commissioned a report into the matter that the Deputy refers to in July 2007. A Report from the Review Inquiry Team has been received by the HSE. As is usual in such cases, the Report is currently undergoing legal examination. The report was conducted in line with the Terms of Reference and Methodology agreed and published at the time of its initiation. Subject to this legal...

Written Answers — Child Care Services: Child Care Services (26 Feb 2008)

Brendan Smith: The Deputy's question relates to the management and delivery of health and social services, which are the responsibility of the Health Service Executive under the Health Act 2004. Accordingly, my Department has requested the Parliamentary Affairs Division of the Executive to arrange to have the matter investigated and to have a reply issued directly to the Deputy.

Written Answers — Health Service Reports: Health Service Reports (26 Feb 2008)

Brendan Smith: The HSE commissioned an external expert to undertake a review of the HSE's involvement in this case and to prepare a report on the matter. Work on the formal report has commenced. The HSE has advised that the report will be finalised around the end of the first Quarter, 2008. The HSE has further advised that a decision on whether the report will be made public will be taken upon receipt of...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: This is simply a drafting amendment. In the present draft, the Short Title and commencement section is at the beginning of the Bill. Apparently, it is more usual to put such a section at the end as the last section and that is achieved in amendment No. 15, which I commend to the House.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: There have been a few points raised and I welcome all the Senators' positive comments in regard to the amendments which have been moved. All of us have the same purpose, which is to deal with this horrendous activity of people who traffick human beings and have them involved in prostitution. It is totally unacceptable. What I stated at the outset was reflected by everybody else. We want...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: Before and after the Second Stage debate in this House the Department, the Parliamentary Counsel and the Office of the Attorney General considered this matter. The robust advice to us is that our amendment will deal with the issue in the most comprehensive way. We all want to achieve the elimination of such behaviour, if possible, or to minimise it to the greatest extent possible. A threat...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: In most people's terms offences should lead to prosecutions. The Government amendment provides the best way to ensure we reach prosecution stage and it must be enforceable.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I thank all Senators for their contributions. The House will recall that during Second Stage the comprehensive strategy which has been put in place to ensure that Ireland will be in a position to ratify the Council of Europe convention against trafficking in persons, was explained in detail and a number of Senators referred to the question of how our international obligations would be met....

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: We will have to revisit Senator Alex White's contribution on that.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: Senator Mary White rightly stated that our objective must be to communicate the message that such behaviour is not acceptable in this State. One way of ensuring it is not acceptable is to have a body of legislation in place that allows us to criminalise and prosecute those who abuse others in this way. Senator Mullen remarked that he appreciated the sincerity of certain individuals on this...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I will not be offended if the Senator does not include me in any roll call. However, I wish to put on record that the Government is sincere and determined in its objective to get this legislation right. We do not have to accept comments from any individual in regard to who is sincere and who is not. We are putting this legislation through the House and we are also putting in place the...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: No, Senator Mullen referred to "sincerity". There is no doubt about the sincerity of the people who spoke. Nor is there any doubt about my sincerity as I speak on behalf of the Government today. I wish to state that clearly.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I make that statement personally and on behalf of every member of the Government. That must be put clearly on the record. We will not ignore the observations of the Irish Human Rights Commission. It seems those observations are quoted here at length only when it suits people. The amendments tabled by Senator Alex White and his colleagues in the Labour Party and by Senator Mullen,...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: Absolutely. I hope I am not misrepresenting the Senator but that is my recollection.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: Senator Alex White spoke about the need for an holistic approach. The reality is that this Bill is part of exactly such an approach. The Immigration, Residence and Protection Bill 2008 and the national action plan are equally important measures. "Holistic" does not mean providing all the necessary protection services in one Bill. Senator Alex White also referred to victims' rights. It...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I fully accept Senator Alex White's assurance that he does not doubt our sincerity. However, I emphasise that the Government wishes to ensure that we get this legislation right so we can deal with the issues that every Member of the Oireachtas and society in general wants to see addressed. It is often a feature of our parliamentary procedures that legislation is enacted but the relevant...

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: I cannot. It is obvious that amendments proposed by Senators from all parties on Report Stage will naturally be dealt with at that time. We will not pre-empt the Report Stage debate.

Seanad: Criminal Law (Human Trafficking) Bill 2007: Committee Stage. (26 Feb 2008)

Brendan Smith: It appears, from the use in this amendment of the term "trafficked person", that the amendment relates only to adults. The first part of the amendment would make it an offence to sexually exploit a trafficked person. No provision is made for the defence of not knowing, or having reasonable grounds to believe, that the person was trafficked. It is an offence, under section 5, to engage in...

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