Averil Power (Fianna Fail) | Oireachtas source

The Minister of State is welcome and I welcome the Bill that is before us today. It is difficult to believe in this day and age, in 2013, that thousands of people are trafficked across the European Union, but figures published by the European Commission show that between 2008 and 2010 almost 24,000 people were trafficked across EU states and the Bill is an important part of a co-ordinated European response to that. It is important that throughout the European Union there are no safe havens for people involved in such crimes and that there is real cross-border co-operation. This is a good example of that principle. We should opt-in to more of the work done in the justice and home affairs aspect of the EU. We have been slow in the past in doing so. Criminals will exploit any gap in any area they see as a soft option. It is important that throughout the 27 EU states we ensure we all work together and have the strongest possible cross-border co-operation on these issues.

The Minister of State pointed out that the legislation builds on the 2008 Act and serves to bring us up to standard in terms of the EU directive that must be transposed by the end of this month. This adds to the existing situation and makes improvements such as broadening the definition of trafficking and other matters that have been referred to by the Minister of State.

I have several concerns and several issues have been raised with me by the Immigrant Council of Ireland. I seek further clarification from the Minister of State on these matters. At present it is unclear in the legislation and more generally what the position is with regard to legal assistance for victims across the spectrum, from the first time they access services or when we realise that someone has possibly been trafficked through the process. I realise there are supports during criminal proceedings but the Immigrant Council of Ireland is concerned that there also be support after criminal proceedings.

The Immigrant Council of Ireland is concerned that there also be support after criminal proceedings. We are discussing vulnerable people and it is important that they be supported the entire way through. They should not just be seen as witnesses in criminal trials, but as individuals who have had horrific experiences and who need every possible support to get their lives back on track.

It is also important that we ensure that people dealing with these issues have the best possible accommodation and a supportive environment. The directive stresses appropriate and safe accommodation. I have concerns about the system of direct provision. Senators Ó Clochartaigh, van Turnhout and I attended a briefing and have been doing some work through a Seanad ad hocgroup on direct provision. This horrific matter has been in the headlines this week with former Supreme Court judge, Mrs. Justice Catherine McGuinness, speaking out about it. The situation in which people find themselves, particularly children, is unacceptable in this day and age. When dealing with vulnerable people who have been trafficked into the country, it is important that they be in proper accommodation rather than somewhere they are exposed to further risks or do not receive the supports they need.

The Immigrant Council of Ireland also referred to the need to ensure that all victims of trafficking have access to legal representation. It is concerned that not everyone will qualify for free legal aid. Perhaps the Minister of State will clarify the matter. It is also concerned about the need to ensure proper protocols across Departments for dealing with people who have been trafficked. Currently, someone provides an account of his or her traumatic experience to the Garda, but must then recount it to other agencies, for example, the Refugee Applications Commissioner or the Refugee Appeals Tribunal. It is important that we minimise the number of personal accounts delivered.

I understand that we have not opted into related directives. This directive refers to two of them, those being, EU Directives 2004/81/EC and 2009/52/EC. These urge member states to adopt an integrated, holistic and human rights approach to the fight against trafficking. It is important that we not selectively opt into only some directives, but that we take the entire picture on board and ensure that we do everything possible to have an integrated approach.

While I welcome this important Bill, the majority of human trafficking in the EU is done for sexual exploitation. Some 80% of those who are trafficked in the EU are women and girls and 62% are trafficked for sexual exploitation. Work is being done and the Department is considering further laws on prostitution. I strongly believe that we must criminalise the purchasers of sex. I feel sorry for the women involved. Statistics show that they typically get involved in prostitution in their mid-teens and have had horrific experiences. There are significant levels of drug misuse. It is not the glamorised face that is put on the profession by people who are making millions of euro from the exploitation of women and girls. These factors must form part of the picture.

It is important that we introduce legislation like this Bill and co-operate at a European level to catch and prosecute those involved. Ireland's record of prosecutions is dreadful in this regard. We must have effective services to catch people and bring them through the courts. We can have whatever legal framework we like, but people will continue uninhibited if they do not believe they will be caught. Ireland has one of the worst prosecution rates.

Having services after the fact is all very well, but we need to deal with the reason for human trafficking, that being, the demand for sex. I urge the Minister of State to push ahead in this regard. On behalf of our parliamentary party, our justice spokesperson made a submission as part of the public consultation process to the effect that we supported a move towards the Swedish approach. It is the right way to go. We also want to ensure that concerns about driving women underground are addressed. We must work as smartly as we can. The Swedish approach seems to work best. In the past year, Swedish prosecutors have briefed Members and the Garda. I listened carefully to what they had to say. The public consultation process has been completed and the matter will be discussed by the committee, but sexual exploitation is the bigger picture. The process outlined in the Bill will only assist the minority of victims who escape, are spotted by services and are in a position to be helped into better lives. Given the fact that the main reason for human trafficking is sexual exploitation, it is only when we have proper procedures, laws, prosecution services and supports to crack down on prostitution that we will have assisted those who need help.