Seanad debates

Thursday, 30 June 2011

Civil Law (Miscellaneous Provisions) Bill 2011: Second Stage

 

1:00 am

Photo of Rónán MullenRónán Mullen (Independent)

Gabhaim buíochas leis an tSeanadóir Barrett as ucht a chuid ama a roinnt liom. I welcome the Minister.

Like Senator Jillian van Turnhout, I am also taken by the diverse and varied nature of the Bill. I was not so much thinking of a lost and found department as a builder's snag list. It is certainly one of those items of legislation in respect of which everyone will find something on which they wish to speak.

I understand there is a desire to pass legislation as the summer recess approaches, but, on balance, more time should be made available to consider the issues to which the Bill before us gives rise. We were allocated some time, but the digest we received from the Oireachtas Library and Research Service was only issued yesterday. However, I accept that much of what is contained in the Bill is highly desirable and do not wish to stand in the way of its passage.

I particularly welcome what is proposed in respect of the victims of human trafficking, namely, the provision of legal advice on criminal matters by the Legal Aid Board. However, on matters of this nature we sometimes give to the victims of human trafficking with one hand and take with the other. The US State Department's Trafficking in Persons Report 2011 which has just been issued states the Irish Government must engage more with the NGO sector when it comes to service provision for victims of human trafficking. There is a concern that NGOs have been written out of the national referral mechanism to some degree. I am aware of a case in which an NGO was dealing with a victim of trafficking who required repatriation but where, in order to access State support for such repatriation, the person was obliged to approach the relevant State services. The latter refers to the sometimes unsuitable facilities provided by the Refugee Integration Agency. These facilities are really not designed to suit the needs of victims of human trafficking. There should be a greater degree of integration of NGOs into the system in order that they might collaborate more directly with State agencies.

I wish to ascertain the Minister's intentions in respect of an issue I have raised on many occasions in the House, namely, criminalising the users of persons involved in prostitution. We took a great step forward with the enactment of the human trafficking legislation a couple of years ago. It is interesting to note that the British legislation offers much less comfort to those who would claim that they had no knowledge that they were availing of the services of a trafficked person involved in prostitution. They way ahead in this regard is clear. We should move in the direction the Nordic countries have taken and which they do not regret taking. We would make this country a colder house for traffickers if we criminalised the users of persons involved in prostitution. The previous Government seemed to be moving in that direction towards the end of its term and even though it is not directly related to the Bill before the House, I would be interested in hearing the Minister's view on the matter.

I welcome the good samaritan provisions. It is the right test that it should be a standard of gross negligence before a good samaritan, or somebody who intervenes to assist another, is held to be liable as distinct from the test of ordinary negligence which would apply to voluntary organisations. We need to promote a culture of assistance, not a culture of people watching their backs or worrying about whether they will be found to be civilly liable in the event that they do what their instincts tell them they ought to do.

It is excellent that Part 5 provides for the statutory underpinning of codes in regard to alcohol. As the Minister said, it is not intended to be a substitute for enforcement but it is desirable that codes in this area, and compliance or otherwise with them, would be taken into account when consideration is being given to the renewal of licences. We are staring into the a very tough future around the issue of alcohol. I do not believe we fully realise the pressure there will be on the health service in the future as a result of current unhealthy patterns of alcohol consumption. We are staring down the barrel of a very nasty gun in that area.

I ask the Minister to consider an issue I have raised in the past and on which I know others share my view, which is that we need to break the link between alcohol advertising and the sponsorship of significant sporting and cultural events. I would like tight legislation to be introduced in that area.

I am concerned about the proposed amendment to the Official Languages Act. When it comes to the status of the Irish language, principles are very important. An important principle is that the Irish and the English language versions of legislation would be available to people simultaneously. There has already been instances of exceptions created in the NAMA legislation and in the social welfare and pensions legislation, but that is the slippery slope. When it comes to protecting and promoting the Irish language, an aspiration which most people claim they share, it is important to get it right in the little things. With the greatest of respect, I did not hear of any significant injustice caused by any delays in the provision of the final version of legislation passed because people were waiting for translations. Translation takes a certain amount of time but there would have to be compelling evidence of problems arising, as distinct from mere inconveniences, before we undermine the principle that legislation is to be made available simultaneously in both national languages. That applies a fortiori because of the constitutional status of Irish as our first national language. Beidh mé ag caint le comhleacaithe eile faoi leasú áirithe ansin agus b'fhéidir faoi leasuithe eile. Fágfaidh mé mar sin é anois.

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