Dan Boyle (Green Party)

There has been a general welcome for the Bill, as there should be, and it is about time as it is informed by international law such as the conventions of the UN and of the Council of Europe. We have been tardy in recognising the existence and scale of the problem and the need for appropriate legislation to deal with it but, thankfully, the Legislature is dealing with this. The Bill was improved during its passage through the Dáil and it is hoped the debate in the Seanad will involve further consideration of areas that need to be examined to deal with the dangerous crime of human trafficking.

While the trafficking of people for sexual purposes has been most prevalent in Ireland, there also have been sad examples of people being imported in inhumane conditions into the State. Sadly, deaths have occurred as a result of such trafficking incidents, which makes a Bill of this nature all the more important. I am grateful for the general acceptance of the principles behind the Bill and the common acceptance of the need to ensure the Bill will operate to the highest possible standards.

Two areas should be considered when trying to improve the Bill further and may be criticisms to which Members will return in a later debate on the Immigration, Residence and Protection Bill. In recent years, most items of legislation have shared a common feature, regardless of the composition of the Government of the day, namely, the need to give power through secondary legislation to the Minister and his or her successor to produce regulations as to how the Bill might operate. Members should ensure this power is used as little as possible. When it is used they should ensure such regulations are brought forward to this House by way of a statutory instrument to facilitate proper further consideration and the approval of the House is obtained in such matters. Such a principle should be adopted in respect of legislation such as the Bill before the House.

The second area has already been alluded to. Despite the provisions on anonymity in this Bill, those who are victims of human trafficking, particularly in the sexual area, may be open to discrimination in other areas. It is commonly accepted that prosecutions under laws on public propriety and sexual offences will not be applied as a result of this measure and that a rule of thumb will be applied by the law authorities. I again refer to the future debate on the Immigration, Residence and Protection Bill. There is a danger that people who have been trafficked into this country and who have suffered appalling abuse will be subjected to possible removal from the country, having been identified. Members should not be prepared to stand over such occurrences. While this matter cannot be rectified directly in this Bill, it is referred to in subsequent legislation and I hope Members can return to this issue.

Several organisations have already been mentioned in this House in respect of their campaigning role and in ensuring that all public representatives are aware of the need to introduce effective legislation on this issue. I add my voice in support of such organisations. I also will be parochial in naming an organisation that has not been mentioned yet, the Sexual Violence Centre in Cork. Through its stop sex trafficking campaign, it formed part of a coalition of bodies that made public representatives aware of the issues associated with this Bill and of the need to place on the Statute Book the best possible legislation. One also must acknowledge the role played by the Irish section of Amnesty International. It submitted a great deal of material to Members in respect of this Bill to inform them of the international aspect of human trafficking in general, its existence and the role Ireland has as a moral country participating in international negotiations in this field.

I look forward to the Minister addressing the areas I have raised on the conclusion of the Second Stage debate next week. Between Second and Committee Stages, this House should have an opportunity to enhance further the Act that will eventually be put in place, in a similar manner to the opportunity already afforded to Dáil Éireann. I am confident, given the record and reputation of the Seanad, that Members will be able to do so with their usual ability. The Minister should take into account such views.