Brendan Smith (Cavan-Monaghan, Fianna Fail)

I thank all Senators for their contributions. The House will recall that during Second Stage the comprehensive strategy which has been put in place to ensure that Ireland will be in a position to ratify the Council of Europe convention against trafficking in persons, was explained in detail and a number of Senators referred to the question of how our international obligations would be met. To ratify the convention will require enactment of the criminal law provisions of the convention as provided for in this legislation. An enactment of the immigration issues which are provided for in the Immigration, Residence and Protection Bill. The convention also obliges State parties to provide for the protection of victims and the provision of services to them. I have concentrated the arguments to date on the policy initiatives underpinning the holistic approach we are pursuing in the challenge we face in breaking up the trafficking gangs who prey on the desperation and hopes of persons in underdeveloped countries. Central to this approach is putting the traffickers out of business and behind bars. Therefore we must take care to include nothing in the legislation that would allow the traffickers to escape justice, the law of unintended consequences, as it is sometimes known.

As an example of how well-meaning statutory provisions aimed at supporting victims of trafficking could cause problems, I refer to the observations of the Irish Human Rights Commission on the general scheme of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill, from which the trafficking provisions of this Bill have been extracted. It is important to recall these comments of the Irish Human Rights Commission:

The provision of explicit rights for victims in a prosecutorial statute may potentially be characterised as an inducement to give evidence, thus possibly undermining the case for the prosecution. Where certain rights and privileges are extended to victims conditional on co-operation with a police investigation and-or prosecution, a plausible defence may be mounted to the effect that the victim has been incentivised to give evidence. This may, in turn, diminish the impact of such evidence.

In other words, we must also be aware of the legal implications of our actions. This is not an academic or theoretical issue.

In the case of the Director of Public Prosecutions v. Gilligan, the Supreme Court considered whether evidence given by persons in the analogous position of being on a witness protection programme, could be admitted in court. While the court ruled that such evidence was admissible, a note of caution was nonetheless entered in respect of evidence from such persons. Such an approach reflects concern for due process, for the presumption of innocence and for a fair trial.

In the USA, victims of trafficking can avail of special visas which permit temporary residence while co-operating with police investigations. It has been reported that perpetrators had claimed or tried to claim a defence of unlawful or improper incentive arising from the grant of the visas and there were some acquittals on that particular ground.

It is clear that great care must be taken when providing for the residency of alleged victims of trafficking and the services provided to them while availing of those rights. This is the reason it was advisable to have given the utmost consideration as to how the residency issues would be dealt with in the Immigration, Residence and Protection Bill and to have sought the best legal advice. Similar care will need to be taken when providing for the administrative services that will be made available to alleged victims. It is no accident that these can be provided administratively in order to comply with the Council of Europe convention but we are required to provide them and if we were to fail in that respect, we could not ratify the convention and this would be at variance with Government policy. I assure the House the convention will be ratified.

The high level group to which I previously referred will draw up the national action plan on trafficking and this will be implemented by the relevant Departments and agencies which have representation at senior official level on that group. The establishment of an anti-trafficking unit within the Department of Justice, Equality and Law Reform, which is exclusively dedicated to co-ordinating and facilitating a new national strategy to address human trafficking, was recently announced. A competition for the post of executive director of the unit was held and a successful candidate has been appointed and has taken up office. The director has made it clear that she will be working with both governmental and non-governmental agencies in developing and implementing a comprehensive strategy to prevent trafficking, prosecute traffickers and protect victims.

I am satisfied that our approach to the challenges posed by trafficking in human beings is the correct one and that it adequately addresses those challenges, both from the point of view of assisting victims and getting convictions in court.

I can appreciate the concern for victims which has been voiced by all of us but at this stage we ask to be judged on the outcome of the strategy to deal with the problem in a holistic and fully considered manner. Both of the amendments tabled by Senator Mullen and by the Labour Party provide for periods of reflection and recovery as well as temporary residence. These are dealt with in the Immigration, Residence and Protection Bill which has gone through Second Stage in the Dáil and will be consequently coming to this House for a full debate.

A number of the issues raised by Members concerned our international obligations which I assure the House we are meeting and we will be in a position to sign the European convention. The national action plan to be drawn up will have widespread representation including the Department of Justice, Equality and Law Reform, the Irish Naturalisation and Immigration Service, the Garda Síochána, the executive director of the new anti-trafficking unit in the Department, the office of the Minister of State with responsibility for children, the Department of Enterprise, Trade and Employment, the Department of Health and Children and the Health Service Executive. This high-level group would importantly bring on board as appropriate new members from other offices and agencies that have a contribution to make to ensure the response of the State is co-ordinated and comprehensive. The group will decide on the most appropriate way to engage constructively with the non-governmental organisations.

Some of the groups that work with women have been mentioned here. We appreciate their contribution and that of many individuals, interested parties and advocacy groups that we have met in recent times. We appreciate their input that will be given the attention it deserves within the high-level interdepartmental group. Many of those individuals who are working with the victims of this awful behaviour are very well aware of the needs of those particular victims. We want to call all those groups in the non-governmental organisation community and put them under that umbrella. They will have an important role to play in that regard and also in the provision of services.

Legislation is often passed without having the follow-up implementation plans, policies or resources in place to deal with the issues. Senators will note from my comments that the new executive has been appointed. That unit will be particularly important. The high-level interdepartmental group has a vital role to play in drawing up the national action plan. All those measures are under way already and they will deal with important issues. It is important to have them in place in advance of the legislation being passed. That shows clearly the intent of the Government and of all of us as parliamentarians to achieve the desired result and put in place adequate services for victims.

At the outset of the discussion on these amendments it was mentioned that where there are no immigration issues the persons trafficked into Ireland would be protected under the national action plan, which is being drawn up by the high-level group. If those people come from within the European Union, they have a right of residency. The national action plan has been drawn up under the European Union directive on trafficking. What we are doing is in accordance with what is permitted under the Council of Europe convention. From my comments, Senators will note that the international obligations, mentioned by most contributors, are being met.