Rónán Mullen (Independent)

I move amendment No. 2:

In page 4, before section 3, to insert the following new section:

3.—The Minister shall promulgate a code of victim's rights in respect of victims of trafficking which shall address the following issues:

(a) protection of private life of victims;

(b) appropriate medical assistance to victims;

(c) secure accommodation;

(d) recovery and reflection period (minimum 3 months);

(e) temporary residence permit (minimum 6 months);

(f) translation and interpretation facilities where necessary;

(g) access to counselling and information services, in particular, as regards legal rights, in a language that can be understood;

(h) access to legal aid;

(i) right of access to education for children;

(j) right to access social welfare benefits as necessary;

(k) voluntary repatriation and return of victims;

(l) facilitating access to the asylum process;

(m) special protection measures for child victims;

(n) family reunification;

(o) right to work;

(p) right to access vocational training and education; and

(q) compensation and facilitating legal redress against traffickers.".

This amendment is based on amendments that were tabled in the Dáil previously by Deputy Pat Rabbitte. The only difference between my amendment proposing a new section 3 and that tabled by the Labour Party relates to subsection (d), in which the Labour Party amendment proposes a recovery and reflection period of a minimum of 30 days whereas I propose a recovery and reflection period of a minimum of three months.

This amendment is concerned with recognising that victims of trafficking form a special category of persons. Such people are highly vulnerable and while those who traffick them may be subject to the criminal law, this does not address the question of the particular needs of trafficking victims. Therefore, it is appropriate that this Bill should comprehend effectively a victims' rights charter for the protection of such persons. This can be considered to be similar to the directive principles of social policy in the Constitution, which basically set out values to be aspired towards and achieved for the sake of particular persons. A panoply of needs is dealt with in the amendment, including protection of the private lives of victims, appropriate medical assistance and secure accommodation. Members should imagine a person who may have been brought in from within or without the EU. Such a person may not speak the language of the host country, may have been physically or sexually assaulted, coerced and deceived or may not have any friends to call on in the country. Effectively, people in this position are in a form of modern slavery. Consequently it is incumbent on Members to reach out in legislation by setting out specifically the protections and supports that will be available to them.

I note the Minister stated that such matters would be dealt with in the Immigration, Residence and Protection Bill. However, that Bill relates only to the recovery and reflection period and to temporary residence status. Moreover, because it is an immigration Bill, these provisions will apply only to trafficked persons who come from outside the EU or the European economic area, EEA. However, Members are aware that trafficking of persons can involve persons from within the EU. Moreover, persons who come from those parts of the EU that do not enjoy freedom of movement within the EU, such as Bulgaria or Romania, will be even worse off than those coming from outside the EU or the EEA, who at least will receive some limited benefits under the proposed immigration legislation.

It is appropriate to set out the protections in this Bill categorically and in depth. While this proposal was rejected in the Dáil, I ask that it be accepted in this House. I again stress that if this Bill pertains only to the criminalisation of the trafficker and does nothing to address the practical personal needs of the trafficked person, I fail to see how Ireland is complying with the spirit of its international commitments.