Alex White (Labour)

I agree wholeheartedly with Senator Mullen's contribution. I have heard the argument made and have noted the Minister has made statements in the Dáil and elsewhere to the effect that essentially, this Bill was a piece of criminal legislation and was not an appropriate place in which to deal with such measures. Perhaps the Minister of State will respond to Members in due course in this manner. However, it is entirely appropriate that in addition to introducing the measures in the Bill, one should have serious regard to the plight of victims of trafficking. It would be extraordinary were Members simply to state this was a matter for another day, because it should be dealt with and confronted in this debate and measures should be introduced to deal with the effects of trafficking on the affected individuals. This Bill does not so do and it is neither sufficient nor acceptable for the Government to state the matter will be addressed on another day or in another place.

Senator Mullen's point is correct and I await with interest the Minister of State's response in this regard. I understood the Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, to state that those issues ought properly to be dealt with in the immigration legislation. However, as has been correctly pointed out and as Members are aware, that legislation only deals with and comprehends immigration from countries outside the EEA. Even from anecdotal evidence, Members are aware that a great proportion of trafficking in this context is taking place from other countries within the European Union. Therefore the victims of trafficking, largely young women, from east European countries within the European Union will not have their rights dealt with in legislation at all, in so far as Members are aware. This is not acceptable in the context of the legislation before the House.

The Labour Party has congratulated the Minister on introducing this legislation and has commended the Government for so doing. However, Labour Party members are not satisfied that such a serious gap will be left in Ireland's approach to this extremely serious phenomenon of trafficking. I await the Minister of State's comments regarding the vital importance and necessity of addressing all the issues set out from subsection (a) to subsection (q) in Senator Mullen's proposed amendment, as well as in the almost identical amendment tabled by the Labour Party Members. I refer to issues such as the protection of victims, an adequate meaningful period of recovery and reflection and access to legal aid. While the Minister of State may assert that a legal aid system is in place, why not incorporate into this legislation and regime a reaffirmation of the rights that victims of necessity must have in the context of dealing with trafficking? Many of the amendment's proposals, including the right of access to education for children of victims, social welfare benefits and so on, as well as voluntary repatriation and return of victims have been drawn from existing international instruments with which Members are familiar. Members cannot turn their backs on this vital aspect of the trafficking phenomenon and leave it for another day.

Senator Mullen's proposed section 3(d) calls for a longer period of recovery and reflection and on reflection I am prepared to support his advocacy of a longer period in circumstances where 30 days, which is the timeframe in amendment No. 3, which I tabled, seems to be a little less than generous.