Rónán Mullen (Independent)

I move amendment No. 9:

In page 8, before section 6, to insert the following new section:

"6.—A person who—

(a) sexually exploits a trafficked person, or

(b) takes, detains, or restricts the personal liberty of a trafficked person for the purpose of his or her sexual exploitation,

shall be guilty of an offence and shall be liable upon conviction on indictment—

(i) to imprisonment for life or a lesser term, or

(ii) at the discretion of the court, to a fine.".

This proposed new section provides that a person who sexually exploits a trafficked person, or takes, detains or restricts the personal liberty of such a person for the purpose of his or her sexual exploitation, will be guilty of an offence. This proposal goes further than the Government's proposal. In effect, it avails of the broad definition of "sexual exploitation" provided for in the legislation. It is desirable to provide that any person who uses a trafficked person will have committed an offence. Under the terms of this amendment, if someone who is making a pornographic movie engages the services of a victim of trafficking for that purpose, he or she will have committed an offence. The amendment does not relate solely to prostitution. It avails of the considerably wide definition of "sexual exploitation" set out in section 2.