Rónán Mullen (Independent)

I move amendment No. 10:

In page 9, before section 11, to insert the following new section:

11.—(1) Subject to the subsequent provisions of this section, a person who is an alleged victim of trafficking, or section 3 (other than subsections (2A) and (2B)) of the Act of 1998, shall be given leave to remain in the State by the immigration officer concerned.

(2) Subject to the subsequent provisions of this section, a person to whom leave to remain in the State is given under subsection (1) shall be entitled to remain in the State for a period of 6 months which may be renewed.

(3) The Minister shall give or cause to be given to a person referred to in subsection (2) a temporary residence certificate stating the name and containing a photograph of the person concerned, stating that, without prejudice to any other permission or leave granted to the person concerned to remain in the State, the person referred to in the temporary residence certificate shall not be removed from the State before the 6 month period has elapsed.

(4) The person referred to in subsection (2) shall not leave or attempt to leave the State without the consent of the Minister.

(5) An immigration officer may, by notice in writing, require the person referred to in subsection (2)—

(a) to reside or remain in particular districts or places in the State, or

(b) to report at specified intervals to an immigration officer or member of the Garda Síochána specified in the notice, and the person concerned shall comply with the requirement.

(6) A person who contravenes subsection (4) or (5) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500 or to imprisonment for a term not exceeding 1 month or to both.

(7) Where an immigration officer or a member of the Garda Síochána, with reasonable cause, suspects that the person referred to in subsection (2)—

(a) poses a threat to national security or public order in the State,

(b) has committed a serious non-political crime outside the State,

(c) has not made reasonable efforts to establish his or her true identity,

(d) intends to leave the State and enter another state without lawful authority, or

(e) without reasonable cause has destroyed his or her identity or travel documents or is in possession of forged identity documents, he or she may detain the person in a prescribed place (referred to in the Refugee Act 1996 as "a place of detention").

(8) The Minister shall make regulations providing for the treatment of persons detained pursuant to this section.".

I am not pressing my amendment at this stage because I hope to reword it and move it again on Report Stage. However, the intention of protecting victims of trafficking from deportation ought to be included in the Bill.