Seanad debates

Tuesday, 11 March 2008

Criminal Law (Human Trafficking) Bill 2007: Report and Final Stages

 

8:00 pm

Photo of Alex WhiteAlex White (Labour)

I second the amendment. As pointed out by Senator Mullen, amendment No. 3 is as close to identical as can be to amendment No. 2 save that Senator Mullen has improved on what is proposed in the latter amendment. I do not suggest Senator Mullen has changed our proposal, rather the version he has put before the House is a better one in terms of the periods referred to.

I recall the Minister saying in respect of many of the provisions proposed in the amendment that they are issues that do not require to be addressed by way of legislation. I have considered this as a rationale for their not being included in the Bill and I do not believe it is a particularly good answer. As Senator Mullen stated, legislation has the potential to assist significantly in easing the plight of victims of trafficking. I understand from where the Minister is coming when he says some of these matters do not require to be addressed by way of legislation. The Minister or a speaker from the Government side stated at the outset of the debate on Second Stage that we needed to take a holistic approach to this serious problem. The criminal measures proposed in this Bill deal only with part — though I accept it is a substantial part — of the problem. The Government needs also to consider the rights, entitlements and protections that ought to be put in place in respect of victims of trafficking.

There was much agreement across all parties on Committee Stage in respect of what is being proposed here. I recall that while several speakers on the Government side were supportive of this proposal, they were unable to support the proposed amendment. That is a pity. An opportunity remains for them to deal with this issue in a holistic fashion. The various subsections proposed by amendment No. 3 are humanitarian proposals. They relate to the type of medical assistance or accommodation that ought to be provided in any civilised society for people who are victims of trafficking.

The recovery and reflection period referred to is vital in a holistic approach to the problem. The issues of residence permits and so on are also vital, as are the provision of translation and interpretation facilities, the provision of all of which we would expect to be associated with this measure being introduced. While I strongly support the thrust of the Bill, it is wanting in this important regard. I ask the Minister of State at this relatively late stage to reconsider the regrettably hardline approach the Government has taken to exclude the possibility of inserting into this important legislation these protections for the victims of trafficking.

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