Seanad debates

Wednesday, 24 April 2013

Criminal Law (Human Trafficking) (Amendment) Bill 2013: Second Stage

 

2:55 pm

Photo of Mary MoranMary Moran (Labour) | Oireachtas source

I welcome the Minister of State, Deputy Lynch, to the House. I add my support to the Bill and I welcome the visitors in the Gallery and thank them for coming. The phrase "human trafficking" evokes a feeling of horror and revulsion in most people and trafficking causes unimaginable misery and suffering for those who are dehumanised and forced to become commodities that are bought, sold, used and abused. The idea that human beings can be exploited and used for financial gain or kept in virtual slavery sounds like it should belong in another era but unfortunately that is not the case.

It is difficult to estimate with accuracy the numbers of people being trafficked into and within Ireland for the purposes of labour or sexual exploitation as, unfortunately, the majority of cases do not come to the attention of authorities. However, from the reports of the Migrant Rights Centre, it would appear that forced labour is a growing problem, as Senator Keane noted, with the centre dealing with over 180 cases in the past six years. This Bill defines what is meant by forced labour, with the definition based on the International Labour Organisation's definition of forced labour as all work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself or herself voluntarily.

This Bill is necessary to copperfasten the measures already in place to combat and prevent trafficking in human beings and to bring us in line with the EU directive adopted in April 2011. As it stands, Ireland far exceeds the terms of the directive regarding the level of sanctions that can be imposed on a person found guilty of human trafficking for the purposes of sexual exploitation, labour exploitation or exploitation for the removal of organs.

Such a person is liable to life imprisonment. This Bill extends the scope of our human trafficking legislation to include exploitation for forced begging and exploitation for criminal activities. The problem of forced begging is widespread throughout the EU with figures for 2010 stating that some 14% of those trafficked in the EU were forced into labour while 3% were made to beg on the streets and 1% were in domestic servitude. We have all many times witnessed the scene on our streets where very often we see a young woman with a baby in her arms sitting in the cold begging. The awful truth is that this woman may be in the control of a person who is forcing her to beg and hand up any money she gets or face the consequences. The amendment will provide that anyone who forces a person to beg is subjecting them to forced labour and will be penalised for this. This is very welcome.

The definition of exploitation in the EU directive also includes exploitation for criminal activities. This could include pickpocketing, shoplifting or drug trafficking. There had been widespread coverage in the media recently of the rise of so-called cannabis grow houses, where large volumes of cannabis have been found in various locations, often in isolated houses or sheds which have been set up with heating and irrigation systems to produce huge amounts of cannabis plants. It has emerged that often these grow houses are being worked by people who have been trafficked into Ireland by criminal gangs and forced to work in appalling conditions. The Migrant Rights Centre has reported that children and adults are trafficked across Europe for forced labour in these cannabis factories. They are moved usually by criminal networks across borders or within countries, often being forced to live as well as work in the grow houses. The use of physical violence or threats of violence is common to ensure compliance and prevent the victim from trying to escape.

Apart from addressing these issues through legislation, there is also a need to raise awareness among the public of the problem of human trafficking. People have to realise that suspicions of human trafficking should be reported to the authorities or else the victims may continue to be exploited in the most inhumane way, powerless to extricate themselves from lives of misery and danger. The Blue Blindfold anti-human-trafficking campaign, which was launched in 2008 in conjunction with the Department of Justice, the Garda Síochána and Crimestoppers, has an excellent website with advice and help for anyone with concerns about human trafficking.

I again welcome the Bill, but like my colleagues, I feel there are areas that must be examined further. Senator van Turnhout mentioned people with special needs. The Immigrant Council of Ireland has sent details to us, which the Minister also has. Secondary victimisation needs to be examined, where people are constantly made relate and tell their stories repeatedly. We need to ensure people are not subjected to the ordeal of relating their tale repeatedly.

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