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Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: The Minister has missed the point I am making. What I am talking about is something that goes nowhere near the Office of the Director of Public Prosecutions whatsoever. If an individual is residing in this State and does not have proper immigration papers he or she can be deported. There is no such thing as a deportation order that is gone. That person can be brought to Dublin Airport and...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: But every member of the force can deport someone.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I am speaking to my amendment No. 14 but I also wish to address Deputy Rabbitte's amendment No. 4. He has articulated well the apparent anomaly between the Minister's definitions in this legislation and those in other Acts. It makes sense to clarify this and to accept amendment No. 4 because it is important to deal with protection of children. It is appalling that 65 migrant children go...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I agree with Deputy Rabbitte that many people would argue against the point the Minister made in regard to the Swedish model. I accept that these amendments are restrictive and do not deal with the broader issue, which is something we should fully debate in this House on another occasion. I am not an expert in this area but it seems to me an incredible notion that a user would go into a...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I thank the Minister for his response. I am pleased to find that we do not spend all our time in this Chamber talking to a brick wall. I believe this is only the second time in my 11 years in this House that a principle such as this has been accepted. I accept the point made by the Minister, but Deputy Rabbitte has raised an important point. There seems to be an anomaly between the age...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I am happy enough to go with that.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: Deputy Ó Snodaigh makes a valid point about compensation for victims. I understand that some provision must be made for it under some of the conventions we have signed up to, or are about to sign, and that some fund must be in place for the victims of human trafficking. I do not know the scale of that or what funds will be available. I presume that if somebody is convicted of human...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: The Minister would rather have control over it.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I move amendment No. 11: In page 6, line 36, after "person" to insert ", with or without their consent,". I note the Minister's amendment No. 13 deals with the issue involved and I thank him in that regard. It brings about a strengthening of the Bill. It was an anomaly in the original drafting and it will help to ensure that we have successful prosecutions.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I move amendment No. 18: In page 10, between lines 2 and 3, to insert the following: "12.—(1) Subject to the subsequent provisions of this section, a person who is an alleged victim of an offence under section 3 or 5, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, shall be given leave to remain in the State by the immigration officer concerned. (2) Subject to the...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I move amendment No. 19: In page 10, between lines 2 and 3, to insert the following: "12.—A person who is a victim of an offence under section 3 or 5, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, shall not be liable to prosecution for entry into the State or for their presence within the State where such entry and/or presence was caused by an offence under this...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: What we are talking about here is the fundamental issue in the Bill. We are trying to rely on victims to come forward to the Garda Síochána and then commit themselves to give evidence in potential prosecutions. My amendment proposes that a temporary residency permit for a period of six months would be provided to the victim of trafficking and that it could be renewed by the Minister for...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: They are eligible for unemployment assistance.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: The objective of this Bill is to put traffickers out of business. However, by using the arguments of the Human Rights Commission, the Supreme Court judgment in the Gilligan case and the law of unintended consequences, the Minister contradicted what he said in respect of the Immigration, Residence and Protection Bill. The initial 45 days may not be dependent on assisting the Garda. However,...

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: On a point of order, given that my amendment is also being dealt with do I not have a right to reply before Deputy Rabbitte concludes the debate on this matter?

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: Three Deputies are moving the amendments, which are grouped together.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: We cannot speak to those amendments at a later stage.

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages (7 Feb 2008)

Denis Naughten: I have two brief points. There will be no statutory provision for protection in any legislation, aside from the issue of residency. It is not contained in this legislation or the immigration legislation. There will be no statutory provision whatever for victims of trafficking. The Minister's administrative proposal does not comply with the law of unintended consequences because it is...

Written Answers — Departmental Staff: Departmental Staff (6 Feb 2008)

Denis Naughten: Question 165: To ask the Tánaiste and Minister for Finance his plans to relocate staff from the Revenue Commissioners to Roscommon Town; the number of staff to be relocated and the timetable involved; and if he will make a statement on the matter. [4031/08]

Written Answers — Child Care Facilities: Child Care Facilities (6 Feb 2008)

Denis Naughten: Question 166: To ask the Tánaiste and Minister for Finance the plans he has to amend the valuation legislation to exempt crèches from significant rates bills; and if he will make a statement on the matter. [4032/08]

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