Brendan Smith (Cavan-Monaghan, Fianna Fail)

I thank the Senators for making those points on these amendments. As previous speakers said, the amendments have been debated in great detail in this House on Committee Stage. The argument basically boils down as to whether the protection of victims and supply of services to them should be dealt with statutorily and administratively. There is no difference between us in our concern for victims and ensuring they receive proper protection and are in receipt of the necessary State services and those provided by non-governmental organisations, where appropriate.

However, from some of the comments made in earlier debates, there may be some confusion as to Government policy on this issue. I take this opportunity to clarify exactly what we are doing, where our initiatives in this respect are being accommodated and the benefits that will accrue to the people concerned.

There are three separate but interconnecting strands to the Government's strategy. The first strand is the Bill we are debating, which deals comprehensively with the criminal law aspects. Where it is possible to offer protections through the criminal law, that has been done, as can be seen mainly in sections 11 to 12, inclusive. That is what this Bill purports to do and I have no hesitation in saying it does it well. Second, most of the persons trafficked into our country would be from outside the European Union. Therefore, immigration issues arise in some cases. Those issues are included in the Immigration, Residence and Protection Bill, referred to by Senator Regan. That Bill includes a "no strings" attached period of recovery and reflection of 45 days and renewable six monthly periods of temporary residence where the victim is co-operating with an investigation. It was never stated that immigration issues in the Immigration, Residence and Protection Bill would apply to anyone other than non-EU nationals, as it is only in such cases the question of residency arises. The third strand in our holistic approach, as referred to by Senator Alex White, to combating human trafficking is the drawing up of a national action plan in accordance with the requirements of the Council of the European Union conclusions on trafficking.

Our difference in approach from that of the Senators who proposed the amendments and spoke on them is one of strategy. All victims of trafficking will benefit from our strategy, whether they are from the European Union or from outside it. I said previously that a new anti-trafficking unit, under the leadership of an executive director, has been established in the Department of Justice, Equality and Law Reform to drive the discussions on the action plan. This surely illustrates our determination to put a plan in place as soon as possible to ensure that the protections offered to victims of trafficking and the services to which they will be entitled can be on a properly focused and co-ordinated footing. The interdepartmental high level group met no later than yesterday in regard to these issues.

I hope our strategy is more clear in meeting the challenge posed by trafficking in human beings. It is a multifaceted problem which must be addressed at several levels from creating the offences, enforcing the laws, increasing public awareness of trafficking, international co-operation in what is a transnational crime and protection of victims to ensuring that our immigration laws are no impediment to treating victims generously and humanely.

I have stated my case as to how victims should be protected and receive appropriate services. Clearly, not everyone agrees with it and, presumably, there may be a suspicion that administrative services will never be supplied. In answer to such an argument, I can point to the anti-trafficking unit in the Department of Justice, Equality and Law Reform, which has been established and which will draw up the national action plan recommended in the European Union conclusions on trafficking. I can also point to Government policy on ratifying the Council of Europe convention. Failure to implement the provisions relating to victims would mean we could not ratify the convention. I mentioned previously that there is a strict monitoring procedure attached to the Council of Europe convention.

While an enabling provision such as that proposed in the amendments might look good, it would not bring forward by even one day a more cohesive policy on the provision of services to victims. I reiterate that I am as concerned as the Senators who spoke on these amendments to ensure that the interests of victims of trafficking are protected. I am convinced that the strategy I outlined on how we intend to vindicate those interests is the most appropriate. I mentioned the unit established in the Department of Justice, Equality and Law Reform, the national action plan and the interdepartmental high level group. We have put in place the agencies that will deliver the services in advance of the legislation going through this House. That clearly demonstrates that we are determined to ensure that those victims get the assistance, services and help they need and that they will be dealt with in a proper and humane way, as they rightly deserve being the unfortunate victims of such malpractice.