Seanad debates

Tuesday, 26 February 2008

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

 

5:00 pm

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

I am unclear in my mind about this issue. The amendments tabled by the Labour Party and by Senator Mullen suggest a charter of rights for victims of human trafficking. While the concept is laudable, I am not sure whether it can be dealt with practically within our domestic legislation as opposed to dealing with it as a whole within the European Convention on Human Rights. While not wishing to detract from the strength of the arguments of my colleagues on the Opposition side, is there currently a charter of rights for crime victims? I fear not. Although we hear much about the rights of the criminal, we must espouse the rights of victims of assault, burglary and other offences.

I am unclear about this argument, however, and if the Minister of State is not in a position to answer my questions, perhaps he can reflect not alone on amendments Nos. 2 and 3 but also on the concepts I have raised. If this refers to a charter of rights, is it appropriate to have such a charter in every specific piece of legislation dealing with whatever circumstances? In addition, does it transgress the notion we should have anyway within domestic and European law of a general charter of rights for victims? I can imagine a hue and cry being made because we are providing for a very specific set of victims. While I am not saying it is wrong, one must be careful and heed the old Latin maxim inclusio unius est exclusio alterius, that by including one thing, one can exclude alternatives.

I urge caution but unfortunately I do not have all the answers. I am teasing out the issue, which is the purpose of debates such as this. I understand that we are not taking Report and Final Stages this week, so before concluding our work on the Bill perhaps a more serious and in-depth analysis can be made of the points raised and amendments moved concerning the general area of a charter of rights for victims of human trafficking.

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