Rónán Mullen (Independent)

I move amendmentNo. 3:

In page 4, between lines 35 and 36, to insert the following:

3.—The Minister shall promulgate a code of victim's rights in respect of victims of trafficking which shall address the following issues:

(a) protection of private life of victims;

(b) appropriate medical assistance to victims;

(c) secure accommodation;

(d) recovery and reflection period (minimum 3 months);

(e) temporary residence permit (minimum 6 months);

(f) translation and interpretation facilities where necessary;

(g) access to counselling and information services, in particular, as regards legal rights, in a language that can be understood;

(h) access to legal aid;

(i) right of access to education for children;

(j) right to access social welfare benefits as necessary;

(k) voluntary repatriation and return of victims;

(l) facilitating access to the asylum process;

(m) special protection measures for child victims;

(n) family reunification;

(o) right to work;

(p) right to access vocational training and education; and

(q) compensation and facilitating legal redress against traffickers.".

I apologise, I do not have the relevant papers in front of me. Perhaps the Cathaoirleach will bear with me while I get them. Amendment No. 2 is almost identical to amendment No. 3 except in respect of subsection (d) which deals with recovery and reflection periods in the context of a code of victims' rights in respect of victims of trafficking. Subsection (d) of amendment No. 3 proposes we provide a minimum of three months in respect of a recovery and reflection period whereas subsection (d) of amendment No. 2 proposes a period of 30 days in that regard.

This matter was discussed at length in the Dáil and on Committee Stage in the Seanad. We are proposing that for us to take an approach to the issue of human trafficking that is truly focused on the victims we must seek not alone to criminalise those who traffic persons but to identify the problems created by trafficking in the round and to look at the suffering of people who are trafficked in terms of their specific needs.

I accept this legislation is but one aspect of the Government's response to the issue of human trafficking in accordance with its obligations under various international conventions and agreements and that the expert group in the Department of Justice, Equality and Law Reform may well have recommendations to make about the specific rights that should be made available to persons who are victims of trafficking. However, the Labour Party and I are united in believing we should not take it for granted that somebody somewhere down the line will provide for such rights, needs and entitlements. Rather, they should be enshrined in legislation. This is the minimum we can do when we consider the awful phenomenon of human trafficking and how friendless these victims are. When one considers that persons trafficked into this country may well have been coerced, abused and violated, do not necessarily speak the language of the host country and have no friends to whom they may appeal, one begins to get an idea of just what a lonely place they are in and how vulnerable they may be. This is all the more reason we should seek to set out clearly the rights and entitlements to be made available to them.

I ask that the Government reconsider taking on board this proposal to ensure this is not just legislation punitive in terms of those who traffic but proactive in terms of providing for the legitimate and undeniable needs of victims of human trafficking.