Brendan Smith (Cavan-Monaghan, Fianna Fail)

I thank the Senators who contributed on this amendment. Under section 5, it is an offence to traffick an adult for the purpose of sexual exploitation. Both "sexual exploitation" and "trafficks" are defined in section 2. The definition of "trafficks" includes taking custody of a trafficked person or taking a trafficked person into one's care or charge or under one's control. It also includes providing accommodation or employment for the trafficked person and, therefore, given the nature of trafficking, any person who sexually exploits a trafficked person is almost certainly guilty of the offence of trafficking. For an adult to be trafficked for sexual exploitation, there must have been coercion or deceit or the person must have been threatened or abducted or had force used against him or her.

Senator O'Donovan queried whether the amendment would duplicate existing legislation. In practice, the provisions are in place. I reiterate the definition of "trafficks" is very broad and it rightly criminalises a wide range of activity.

Senator O'Toole asked whether I could accept more severe penalties to enhance the legislation. Senator Mullen's amendment provides for a maximum sentence of life imprisonment but section 15 of the 1997 Act also provides for this sentence. The provisions in his amendment are, therefore, covered. That meets the aspirations to which the Senators referred in their contributions.