Seanad debates

Tuesday, 26 February 2008

Criminal Law (Human Trafficking) Bill 2007: Committee Stage.

 

3:00 pm

Photo of Rónán MullenRónán Mullen (Independent)

I agree with much of what Senator Alex White said. The key point is to seek, where possible, to obtain convictions. However, I am somewhat concerned about the use of language alluding a reluctance to take a "moral stance". The law has an interest in enforcing morality. It is true that not every issue of morality should be subject to the interests of the law. However, it is certainly the case that most of that which the law seeks to criminalise is immoral. I would, therefore, be concerned if there was any possibility that the proposed new section 6 might bring about a situation where those who avail of the sexual services of trafficked persons might not be penalised.

I would welcome clarification as to whether the phrase "solicits or importunes" leaves open the possibility that a person who walks into a brothel and avails of the sexual services of a trafficked person would be liable to prosecution. I reiterate what I said on Second Stage, namely, that it would be anomalous if victims of trafficking could be potentially viewed as either breaking the law for soliciting or, as provided for under the Immigration, Residence and Protection Bill, being in the country illegally, while those who avail of their services through prostitution would escape criminal liability. Will the Minister of State further clarify the position in respect of this matter?

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