Denis O'Donovan (Fianna Fail)

I move amendment No. 1:

To delete all words after ''Seanad Éireann'' and substitute the following:

— welcomes the publication of the comprehensive National Action Plan to Prevent and Combat Trafficking in Human Beings in Ireland 2009-2012;

— notes the extensive package of legislative and administrative measures undertaken in the past 18 months to prevent trafficking in human beings, protect the victims and prosecute the offenders;

— welcomes the coming into operation of the Criminal Law (Human Trafficking) Act 2008 and the arrangements providing for a 60 day recovery and reflection period for suspected victims and for a six month temporary period of residency in the State, which is renewable;

— acknowledges the provision in the Criminal Law (Human Trafficking) Act extending the provisions of the Criminal Evidence Act 1992, including the giving of evidence through a live television link, to victims of trafficking;

— recognises the provision in the Criminal Law (Human Trafficking) Act that made it an offence to solicit a trafficked person, in any place, public or private, for the purpose of prostitution;

— acknowledges the deployment of Garda resources is a matter for the Garda Commissioner based on his professional assessment of the operational requirements;

— acknowledges that the Garda Síochána is the sole authority within the State vested with the power to undertake an investigation into a claim that an offence of human trafficking has been perpetrated and having regard to such powers reaffirms that the Garda Síochána is the appropriate authority to consider if there are reasonable grounds for believing that an offence may have been committed;

— commends the concerted efforts of the Garda Síochána in the identification and protection of victims and in the determined fight against trafficking in human beings and notes the progress being made in this regard;

— notes the establishment of dedicated units in the Department of Justice, Equality and Law Reform and the Garda Síochána to address the issue of human trafficking;

— welcomes the links which the dedicated Units in the Department of Justice, Equality and Law Reform and the Garda Síochána have established with other jurisdictions for the purpose of providing a comprehensive, cross-border and international approach to tackling issues of human trafficking;

— reaffirms that the Minister is the sole authority who has been vested with the power to grant a period of recovery and reflection in the State;

— notes that the 60 day recovery and reflection period goes beyond the minimum period of 30 days provided for in the Council of Europe Convention on Action Against Trafficking in Human Beings;

— notes that the current administrative arrangements provide that the Minister may grant a temporary residence permission prior to the expiry of the period of recovery and reflection;

— reaffirms that the provision of protection and assistance to a suspected victim of human trafficking is not conditional on victims co-operating with the authorities;

— notes that when a person is identified as a potential victim of human trafficking priority consideration is given to the grant of a period of recovery and reflection and the subsequent grant of temporary residency permission;

— supports the partnership approach adopted between Governmental and non-governmental agencies and international organisations in addressing trafficking in human beings both within and outside the jurisdiction;

— acknowledging the supporting role that organisations and individuals engaged in this area can provide to potential victims of human trafficking, calls on those organisations or individuals to encourage and support such persons when engaging with the State authorities and calls on such organisations or individuals to engage with the State authorities to the greatest extent possible so as to assist in the fight against human trafficking and to support early identification of potential victims of human trafficking;

— notes the Governments commitment to ratify the Council of Europe Convention on Action Against Trafficking in Beings and the Protocol to Prevent, Suppress

and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime as soon as all the necessary legislative and administrative arrangements are in place.

I compliment Senator Mullen on tabling the motion. Although I do not agree with all the points raised, such a debate is needed. I welcome the publication of the comprehensive national action plan to prevent and combat trafficking in human beings in Ireland 2009-12. I note the extensive package of legislative and administrative measures undertaken in the past 18 months to prevent trafficking in human beings, protect the victims and prosecute the offenders. I also welcome the coming into operation of the Criminal Law (Human Trafficking) Act 2008 and the arrangements providing for a 60 day recovery and reflection period for suspected victims and for a six month temporary period of residency in the State, which is renewable.

I acknowledge the provision in the Criminal Law (Human Trafficking) Act 2008 extending the provisions of the Criminal Evidence Act 1992, including the giving of evidence through a live television link, to victims of trafficking. I recognise the provision in the Criminal Law (Human Trafficking) Act 2008 that made it an offence to solicit a trafficked person, in any place, public or private, for the purpose of prostitution. I acknowledge that the deployment of Garda resources is a matter for the Garda Commissioner based on his professional assessment of the operational requirements. I also acknowledge that the Garda Síochána is the sole authority within the State vested with the power to undertake an investigation into a claim that an offence of human trafficking has been perpetrated and having regard to such powers reaffirm that the Garda Síochána is the appropriate authority to consider if there are reasonable grounds for believing that an offence may have been committed.

I commend the concerted efforts of the Garda Síochána in the identification and protection of victims and in the determined fight against trafficking in human beings and I note the progress being made in this regard. I also note the establishment of dedicated units in the Department of Justice, Equality and Law Reform and the Garda Síochána to address the issue of human trafficking. I welcome the links which the dedicated units in the Department of Justice, Equality and Law Reform and the Garda Síochána have established with other jurisdictions for the purpose of providing a comprehensive, cross-border and international approach to tackling issues of human trafficking.

I reaffirm that the Minister is the sole authority who has been vested with the power to grant a period of recovery and reflection in the State. I note that the 60 day recovery and reflection period goes beyond the minimum period of 30 days provided for in the Council of Europe Convention on Action Against Trafficking in Human Beings and that the current administrative arrangements provide that the Minister may grant a temporary residence permission prior to the expiry of the period of recovery and reflection.

I reaffirm that the provision of protection and assistance to a suspected victim of human trafficking is not conditional on victims co-operating with the authorities. I note that when a person is identified as a potential victim of human trafficking priority consideration is given to the grant of a period of recovery and reflection and the subsequent grant of temporary residency permission.

I support the partnership approach adopted between governmental and non-governmental agencies and international organisations in addressing trafficking in human beings both within and outside the jurisdiction. I acknowledge the supporting role that organisations and individuals engaged in this area can provide to potential victims of human trafficking, call on those organisations or individuals to encourage and support such persons when engaging with the State authorities and call on such organisations or individuals to engage with the State authorities to the greatest extent possible so as to assist in the fight against human trafficking and to support early identification of potential victims of human trafficking.

I note the Government's commitment to ratify the Council of Europe Convention on Action Against Trafficking in Beings and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime as soon as all the necessary legislative and administrative arrangements are in place.

Any sort of trafficking is a very serious crime. Ten or 15 years ago, this issue was not to the fore in Irish society. Regrettably, it has come to the fore and the Minister, the Department and the Government are taking the appropriate steps in this regard. Significant moves have been made, as set out in the amendment to the motion.

I recognise the sincerity of Senator Mullen in tabling the motion which is worthy of debate but take issue in that there seems to be an insinuation that the Garda National Immigration Bureau is incapable of carrying out its mandate to protect victims of human trafficking because it also enforces Ireland's immigration laws. The gardaí are very experienced in being able to differentiate between an immigration issue and a human trafficking one. By and large, they have considerable experience in this regard. That should be clarified.

The Garda Síochána has much experience dealing with victims of all kinds of violence and trauma and has a well deserved reputation for dealing with vulnerable victims with sensitivity and understanding. The suggestion that members of the Garda National Immigration Bureau might act differently because a person is a victim of human trafficking or an irregular migrant is unwarranted and inappropriate. I note with approval that the Garda Síochána has recently established a human trafficking investigation co-ordination unit within the Garda National Immigration Bureau. Efforts by the Garda, including its co-operation with agencies such as Interpol in Europe and others in the United States and even Asia, have led to significant progress in terms of highlighting and, so far as possible, detecting the issues surrounding human trafficking. As I said, it is a most deplorable crime, particularly where it involves the trafficking of children. My views on this are well recorded. The Garda Síochána has given priority to child trafficking by way of Operation Snow, which was undertaken by the Garda National Immigration Bureau in 2007 and is designed to prevent the trafficking of minors into or within the State, ensure the welfare of suspected victims of such criminal activity is adequately provided for, and achieve prosecutions where criminal activity of this nature has been detected.

While I welcome the thrust of the motion, it must be acknowledged that the Minister and his Department are doing good work in this area. Nevertheless, I recognise that much more remains be done.