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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...

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

Brendan Smith: I thank the Senators who contributed on this amendment. Under section 5, it is an offence to traffick an adult for the purpose of sexual exploitation. Both "sexual exploitation" and "trafficks" are defined in section 2. The definition of "trafficks" includes taking custody of a trafficked person or taking a trafficked person into one's care or charge or under one's control. It also...

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

Brendan Smith: Yes, in general, because control would be involved but I will refer to that on Report Stage.

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

Brendan Smith: Based on the brief I have been given, I am not certain that the issue in question is covered from the perspective of Senator Mullen's amendment. If a gap is identified, I will have it investigated before Report Stage. I am not clear at this point whether the Senator's amendment addresses the issue he raised but I will ensure it is adequately addressed if it is not already provided for.

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: 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.

Pharmacy Regulations. (21 Feb 2008)

Brendan Smith: I am responding on behalf of the Minister for Health and Children, Deputy Harney. I emphasise that 1 March next is not the deadline for the imposition of a new contract for pharmacists — it is the date for the introduction of the new wholesaler pricing arrangements. The Government believes the wholesale mark-up paid on the price of drugs should be reduced to a level that is fair to...

Vaccination Programme. (21 Feb 2008)

Brendan Smith: I am taking the matter on behalf of my colleague, the Minister for Health and Children. I thank the Deputy for raising this matter as it provides me with an opportunity to outline to the House the importance to the Department of Health and Children and the HSE of the issue raised. The BCG vaccine protects against TB and is usually given to newborn babies, but can also be given to older...

Schools Building Projects (21 Feb 2008)

Brendan Smith: I am taking this matter in the unavoidable absence of the Minister for Education and Science, Deputy Hanafin. I thank Deputy Barrett for raising this matter as it provides me with the opportunity to outline to the House the Government's strategy for capital investment in education projects and also to outline the current position regarding the relocation of St. Brigid's boys national school....

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...

Hospital Services. (21 Feb 2008)

Brendan Smith: I will respond on behalf of my colleague, the Minister for Health and Children, Deputy Harney. As Deputy Carey is aware, the provision of services at Ennis General Hospital and the mid-west in general is the responsibility of the Health Service Executive. One of the priorities of the Government and the HSE is to improve the delivery of accident and emergency services. Considerable...

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