Joe O'Toole (Independent)

The Minister of State's reply is reasonable but I have two questions. He stated if the word "trafficked" is omitted, the offence is covered under the offences against the person legislation. Does Senator Mullen's amendment not propose a heavier sentence on conviction? The phrase "takes, detains or restricts a trafficked person" would not add significantly to the work of the prosecution in that the prosecution will decide at the outset whether to take the case under this legislation or the offences against the person legislation. In other words, the case could be taken under the offences against the person legislation if it was felt there would be a difficulty proving the trafficking and the prosecution would not do that if it felt it was certain of proving that and a heavier sentence was available. If, on the other hand, there was a doubt about the person being trafficked or there was a difficulty in proving that, the prosecution would take the case under the offences against the person legislation. I do not see in those circumstances how Senator Mullen's amendment makes this more difficult. It surely gives another option to the prosecution.