Eugene Regan (Fine Gael)

I appreciate the Minister of State's comprehensive introduction to the Bill and its main provisions. He referred to the Bill's timeliness and the priority given to it by the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan. However, the Bill is intended to implement the Council framework decision on combatting trafficking in human beings which was adopted on 19 July 2002 and which set a deadline of 1 August 2004 for implementation by member states. If that is the pace at which we implement EU framework decisions on this and other issues, it is most unsatisfactory.

Notwithstanding these reservations, the Bill is welcome and I acknowledge the vigorous debates held on its various stages in the other House. The Minister has improved the Bill by taking on board many of the amendments proposed by Fine Gael and other parties. The legislation started life as the criminal law (sexual offences) Bill 2006 and has since been re-introduced.

The issue of human trafficking is subject to international laws and conventions, notably an optional protocol which supplemented the UN Convention against Transnational Organised Crime and a Council of Europe Convention on Action against Trafficking in Human Beings signed in Warsaw in May 2005. The UN convention sets out clear requirements for effective action to prevent and combat trafficking in persons, especially women and children, but it also prioritises the protection of victims of trafficking. As the Minister of State noted, the Bill deals solely with criminal law aspects of trafficking but I wonder whether it respects the EU plan on best practices, standards and procedures for combating and preventing trafficking in human beings which we adopted in 2005. It has been stated that the protection of victims of crime is more a matter for the upcoming immigration Bill but it is integral to the effectiveness of the legislation before us.

The Minister of State spoke about complex issues such as involvement of victims' families in the trafficking. Deportation in such circumstances only adds to the misery of the individual who was harmed in the first instance by this terrible trade. Neither the Illegal Immigrants (Trafficking) Act 2000 nor the Child Trafficking and Pornography Act 1998 has ever resulted in a successful prosecution for the crime of trafficking, although individuals have been arrested and charged. Victims fear they will be deported rather than treated as genuine once they are in the hands of the police. With regard to the 45-day period and the six-month renewals, these concern only third country nationals. The figures indicate that 73% of those trafficked into Ireland come from eastern Europe. How will protection be provided to people from eastern Europe under this Bill and the Immigration, Residence and Protection Bill?

The Minister of State indicated the value of this trade, which appears to be the third most lucrative of its kind in international crime circles. This highlights the priority that should be given to dealing with this matter. We need a legislative framework and an enforcement framework to be put in place in order that we might have a real deterrent in respect of this type of crime.

Ireland has signed but not ratified the UN trafficking protocol — which was opened for signature in 2000 and which urges states to protect and assist victims of trafficking, with full respect for the rights of the child — neither has it ratified the UN's optional protocol on the rights of the child. In addition, Ireland has not signed or ratified the Council of Europe Convention on Action against Trafficking in Human Beings. The failure to either sign or ratify these instruments and the delay in introducing the Bill are evidence of the fact that we have not been to the forefront in dealing with this matter.

The key point I wish to make relates to the way victims are treated. On Report Stage in the Dáil, a comprehensive amendment regarding a victims charter was brought forward but was not accepted. There is a flaw in the Bill in this regard, particularly in the context of citizens from eastern Europe as opposed to third country nationals.

I welcome the amendment of the Bill to the effect that consent will not be a defence. The latter is an improvement. The Minister of State indicated that the argument is finely balanced with regard to the criminalisation of availing of services. Fine Gael's view on this matter is that while formulating an appropriate provision would prove complex, the inclusion of such a provision would improve the Bill. Such a provision would have my party's full support.

The work of the high level group on combating trafficking in human beings would be improved by the participation of the NGOs, which have first-hand experience and knowledge of this terrible trade. To keep them at arm's length, as the Bill proposes, will weaken the effectiveness in respect of understanding and dealing with this complex issue.

The Bill is welcome and has my support and that of my party. However, a provision relating to availing of services should be included. I ask the Minister of State to clarify precisely how victims from eastern Europe will be catered for under this Bill or the Immigration, Residence and Protection Bill.