Fidelma Healy Eames (Fine Gael) | Oireachtas source

Cuirim fáilte ar ais roimh an Aire Stáit. I welcome the visitors in the public Gallery. It is always good to have an opportunity to reflect on issues such as this. Human trafficking at the very least implies that one human being is of lesser value than another, particularly the person engaged in the trafficking. It is great that there is cross-party agreement in the House and we stand together to say this is not right or acceptable. Clearly, it is a human rights issue and, therefore, we must ensure our laws punish this demeaning behaviour whenever it happens. I am delighted for that reason to welcome the legislation, which will prevent and combat trafficking in human beings and protect its victims, and which replaces the Council framework decision for those and other purposes to amend and extend the Criminal Law (Human Trafficking) Act 2008.

This is another step along the way. We have had many discussions in the House on this issue. The legislation builds on our earlier discussions about the need to prosecute and criminalise those who purchase sexual services rather than the victims or the women who are vulnerable and often in difficult circumstances such as dire poverty and do not have a choice but to become the victims of clients who are prepared to purchase their services. I acknowledge we are still not quite there on this issue and it is the subject of an investigation by the justice committee but I look forward to us developing a response to this because we must achieve equality in this regard. We must set out to achieve a position where no human being is of lesser worth or value than another.

It is welcome that for the first time a definition of "forced labour" is being inserted in legislation to ensure this offence can be prosecuted in the State. I spoke with MRCI representatives earlier and I learned that 180 cases of forced labour over the past six years could not be prosecuted because it was not deemed a crime in this jurisdiction. That was a clear reason for us to act. By explicitly defining "forced labour" in the Bill, it can be prosecuted, which is welcome. One concern, however, is the definition is based on that in the 1930 International Labour Organisation convention where work or a service is extracted from a person under the menace of a penalty and for which the person has not offered himself or herself voluntarily. Is the definition sufficiently clear to enable the Garda to prosecuted forced labour in this jurisdiction? That is the measure that would have to be used. Senator van Turnhout spoke eloquently about this issue earlier.

The profile of victims affected by this is they agree to work under certain conditions of employment but when they enter into the employment, they find themselves engaged in forced labour due to deception. We have to accept in the first instance that many of these people are vulnerable before they take up the work and this vulnerability is abused by the employer or the trafficker. I support Senator Moran's comment that it is critical that such behaviour be reported. While there is silence, abuse and bullying will continue and this is an extreme form of bullying and abuse.

The Bill will also address trafficking for forced begging and criminal activity. The cross-party agreement is very welcome. I agree with the Minister for Justice and Equality who said we have a duty to ensure vulnerable individuals are not exploited and a comprehensive approach is taken to tackling the evil of human trafficking. If there is one thing the Government is doing, we are coming together on this issue from many angles. Human trafficking is complex and difficult to pin down as it traverses jurisdictions. We are doing a good job with this legislation. The two new provisions in the legislation will offer crucial, additional protection for those at risk of trafficking. I support the comments regarding vulnerable groups such as people with special needs and learning difficulties, migrant workers, minors and au pairs because they can also be vulnerable. We do not want them to be trafficked as well.