Rónán Mullen (Independent)

I move amendment No. 9:

In page 8, between lines 8 and 9, to insert the following:

6.—(1) A person (other than the person or persons who trafficked the person) who sexually exploits a trafficked person shall be guilty of an offence and shall be liable upon conviction on indictment -

(i) to imprisonment for life or a lesser term, or

(ii) at the discretion of the court, to a fine.

(2) In proceedings for an offence under this section it shall be a defence for the Defendant to prove that he or she did not know and had no reasonable grounds for believing, that the person in respect of whom the offence was committed was trafficked.".

This amendment deals with the offence of sexually exploiting a trafficked person and includes prostitution, pornography, etc. Members will be relieved to hear that I have already said much of what I have to say in the context of the previous amendment. There is a definition of sexual exploitation available in the Bill. I do not want to misquote the Minister, but if I recall correctly, on Committee Stage he basically said that trafficking for the purpose of sexual exploitation would be covered. However, I do not believe all situations are covered, for example, where A trafficks a person into the country for exploitation, whether in the labour market or in the sex industry and down the line, B, who was not involved in the trafficking, is making pornographic movies and seeks to engage the services of a trafficked person. That is the type of activity this amendment seeks to criminalise.

It will be of comfort to the Minister of State that there can be no doubt of the connection between this and the issue of trafficking, because we are talking about a person who is a trafficked person and who gets used down the line by somebody who may not have been involved in the trafficking but who uses them in the sex industry in some way. The amendment also provides that there would be a defence where the defendant could prove that he or she did not know and had no reasonable grounds for believing that the person was trafficked.