Seanad debates

Wednesday, 13 February 2008

Criminal Law (Human Trafficking) Bill 2007: Second Stage

 

5:00 pm

Photo of Mary WhiteMary White (Fianna Fail)

I thank the Minister of State, Deputy Brendan Smith, for his speech which was an exemplary model of how a Bill should be presented in this House. I compliment him on the extraordinary work he did in respect of the child care subvention scheme introduced on 18 December. I do not apologise for complimenting him thereon. It was a tremendous political achievement.

In May 2006, Irish citizens were shocked by the "Prime Time Investigates" programme on prostitution, particularly prostitution in Dublin. The show depicted a hotel and apartment block where women, including trafficked women, were being used for prostitution. I contend that 99.9% of Irish people, including myself, were shocked and horrified this was happening in Ireland and that Irish men would stoop so low to abuse women in the manner described, as I stated in the Seanad at the time of the revelations. The show was a very good example of how a television programme can point to activities in respect of which laws should be enacted.

Since the television programme, representatives from CORI and Ruhama were before Oireachtas committees. The former Leader of the Seanad, Deputy Mary O'Rourke, promised to ensure legislation on human trafficking would be brought before the Oireachtas. One of the first statements made by her nephew, the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, when he entered office was that he would do so.

The clergy in Ireland, including the organisations CORI and the Irish Missionary Union, have been to the fore in exposing the trafficking of women into Ireland. Sister Frances Robinson of the Sisters of Our Lady of Charity appeared before the Joint Committee on Justice, Equality, Defence and Women's Rights two years ago and stated:

My main concern in this presentation is to highlight the terrible consequences for women who are trafficked. I invite the committee to consider the following job advertisement. It was devised to raise awareness by Whisper, an organisation concerned by trafficking[.]

Help Wanted: Women and Girls

Do YOU want this job?

No experience required. No high school diploma needed. No minimum age requirement. On-the-job training provided.

Special opportunities for poor women — single mothers — women of color.

Women and girls applying for this position will provide the following services:

Being penetrated orally, anally, and vaginally with penises, fingers, fists, and objects [;]

Being bound and gagged, tied with ropes and/or chains, burned with cigarettes, or hung from beams or trees;

Being photographed or filmed performing these acts.

Workplace:

Job-related activities will be performed in the following locations: in an apartment, a hotel, a "massage parlor", car, doorway, hallway, street, executive suite ... bar, public toilet, public park[.]

Wages:

Wages will be negotiated at each and every transaction. Payment will be delivered when client determines when and if services have been rendered to his satisfaction.

Corporate management fees range from 40-60% of wages[.]

Benefits:

Benefits will be provided at the discretion of management.

NO RESPONSIBILITY OR LEGAL REDRESS FOR THE FOLLOWING ON-THE-JOB HAZARDS:

Nonpayment for services rendered;

Sexually transmitted diseases or pregnancy;

Injuries sustained through performance of services including but not limited to cuts, bruises, lacerations, internal hemorrhaging, broken bones, suffocation, mutilation, disfigurement, dismemberment, and death.

Note: Accusations of rape will be treated as a breach of contract by employee.

Sister Frances Robinson asked members of the committee how many of us would encourage a sister, daughter, wife or partner to apply for such a job. Do such jobs exist? They do.

At the time of the presentation by Sister Frances Robinson, we had no legislation making trafficking a crime. I am so pleased to have met those who brought this to my attention. I could not believe what was happening in our country.

The Bill will criminalise trafficking, which I welcome. However, it does not set out guidelines for the protection and support of the victims of trafficking. I wish to put forward some procedures which should be in place for the victims. They should include legislation which sets out services to be provided for victims having an understanding of the needs of trafficked persons and the importance of victim assistance; legislation which regards the trafficked persons as victims and not as criminals; and legislation which does not force the victim to decide on seeking asylum or returning to their country of origin for a period of four months while recovering from their trauma. I urge the Minister to include these points to aid victims in rebuilding some semblance of a life for themselves.

Trafficking is a not merely a potential problem for Ireland, it is an absolute and real problem. The Minister of State raised the question of whether we should provide for the criminalisation of using or availing of the services of a trafficked person. It should be a crime and we should create an offence of using the services of people who are trafficked. As the Minister of State said, it would send out a message that using the services of a trafficked person is unacceptable and could potentially have repercussions for the client. We should consider such a provision.

Comments

No comments

Log in or join to post a public comment.