Seanad debates

Tuesday, 26 February 2008

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

 

4:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

I can see clearly where my colleagues, Senators Mullen and Alex White, are coming from. The Labour Party amendment and Senator Mullen's amendment are almost identical in their drafting. I fully concur with the sentiments expressed. I made the point forcefully on Second Stage that people who are trafficked here, particularly for sexual or other exploitation which is akin to slavery, must be assisted in every way possible. I quoted from a survey carried out in various countries, particularly in Canada, where the approach taken was that the trafficked person when detected was sent back to his or her country of origin, which compounded the difficulties and problems he or she experienced. I expressed clearly my wish that we should take a more humane attitude in such circumstances and that, hopefully, we would learn from the mistakes of other countries.

I chaired a committee that dealt with the removal of a judge from office. I took great interest in way the Canadians dealt with such a matter. It dealt with 11 such instances. Its experience of dealing with them provoked a better understanding of how such a matter could be dealt with here.

What is proposed in the amendments tabled by Senator Mullen and the Labour Party is a type of charter of rights. I have some reservations in that respect and question if it is appropriate, in this and other legislation dealing with asylum seekers or migrants to Ireland or other member states of the European Union, that we should provide a charter of rights for different groups of people?

A proposal to introduce an EU constitution, put forward to Ireland and other member states of the European Union, floundered because some member states rejected it. We will now be asked to vote on its replacement, namely the Lisbon treaty, in a few months' time. I have advocated and support that, within Europe under the Lisbon treaty, we would have a uniform way of dealing with refugee status, asylum seekers and the movement of people. The movement of people to Europe is similar to the movement of people to United States and Australia in the past. Such movement at a particular time can constitute an 8% or 10% increase in the influx of people.

The trafficking of women to Ireland was not an issue 20 years ago or even ten years ago. Statistics show that fewer than 90 women are alleged to be have been trafficked here for sexual exploitation or otherwise. I must be careful in using the word "women" because, while the majority of those trafficked are women, they are not all women. We do not have a history of such trafficking. I am not in any way pouring cold water on what my good colleagues Senator Alex White and Senator Mullen said. I have great empathy with the points they raised but I am not sure if the inclusion of a mechanism in this Bill to provide a charter of rights in this regard alone is appropriate, without having regard to the European Union and our obligations within an enlarged Union, which possibly can be dealt with by the so-called EU constitution in terms of the Lisbon treaty to be voted on by the Irish people. While I envisage difficulties with the proposal, there is great merit in it. I will be interested to hear the Minister of State's response.

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