Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I do regularly. Of course, the range of debate in this instance is far outside the scope of the Bill. Nevertheless, it is still worth listening to because, like everything else that we are trying to do in government and like everything else that every Government tries to do, nothing stands still. One must continually ensure not alone that one is keeping up to date with the possible need for amendments to legislation and new legislation, but also that one is trying to foresee at all stages the need for additional legislation. Whether it is in terms of organ donation, sale or whatever, or the taking and holding of documents and all of that area, it is important that we have debates like this. It is nice to see that one can have a debate that is as wide-ranging as this, even through it is far outside the scope of the Bill.

On trafficking in human beings, I would have to concur with Senator O'Keeffe's conclusion. I have always believed that language is incredibly important and powerful. Somehow trafficking gives us the impression that it is something that happens to others, it is a particular subset and it is for a particular reason. We really need to name it for what it is - slavery. I am not even inclined to say "modern-day slavery" because that assumes that it is a different type of activity whereas, in fact, if one was to take a look at slavery as we assumed it originally existed and as it has continued, it is for exactly the same purposes. It is exactly the same. There is no difference.

Trafficking in human beings should not be tolerated and everything possible should be done to ensure the protection of those vulnerable to trafficking and to bring the perpetrators to justice. The EU directive is one element of regional and global action against human trafficking. That is a good aspect of Ireland's membership of the EU. Senator Bradford referred to this. Even though I am conscious that persons suffer from forced labour and are being blackmailed and incarcerated within the State as well and that we cannot dismiss anything, the fact that Ireland is a member of the European Union gives us greater clout on the transnational or cross-border issues and gives us greater scope for action.

On global action against human trafficking, we must do everything in our power to address the issue at national level and to assist regional and international efforts directed at preventing and combating this crime, protecting victims and prosecuting traffickers. In order to tackle recent developments in the phenomenon of trafficking in human beings, the EU directive adopts a broader concept of what should be considered human trafficking. To comply fully with the directive's minimum detention definition of exploitation, the Bill criminalises trafficking for the purposes of forced begging and criminal activities. Human trafficking is an abhorrent abuse of human rights and our legislation must keep pace with global developments in this heinous crime.

The Minister is grateful for the opportunity the Bill presents to define forced labour. Senator van Turnhout was concerned about this. The International Labour Organization definition is the international standard and the Bill follows that standard. In addition to bringing clarity to the meaning of the term, the Minister believes the definition will send out a strong message that those who extract labour from persons, without those persons' freely given and informed consent, can be held accountable under the law. That is part and parcel of what we are trying to do.

I will try to address some of the issues that arose. Although outside the scope of the Bill and even though the debate must take place, the Joint Committee on Justice, Defence and Equality is looking at the issue of prostitution, in particular, and a report will be prepared. It is a matter of significant interest to the Department and the Minister. I am not certain yet where it will fall but, nevertheless, it will be responded to.

In response to Senators Power and van Turnhout, legal aid is available to all victims of trafficking from the Legal Aid Board which has a dedicated unit in this regard. A care plan for every victim of trafficking is drawn up by the anti-human trafficking team in the HSE. It covers all needs that may arise, including those with special needs. I take on board that it is a spectrum and that we need to be conscious of having an early detection system. I also take on board the importance of being committed to ensuring that victims are both protected and cared for.

Senator van Turnhout asked whether there is a recommendation by the European Council that EU states set up a national rapporteur on trafficking and whether Ireland have this as an office or similar function. The EU directorate provides for the establishment of a national rapporteur or equivalent mechanism, and the tasks of such a mechanism can include the carrying out of assessments of trends in trafficking in human beings and the measuring and reporting of results of anti-trafficking actions, including the gathering of statistics in close co-operation with relevant civil society organisations active in this field. I think that, as a small country, we are well served by these organisations, and I do not say that merely because there are representatives of one or two organisations in the Visitors Gallery today. Their ability to communicate their message to those of us who are in a position to act is hugely important. I think they understand - perhaps later on they will tell me they do not - that they have an open door when it comes to accessibility to politicians who have an interest in the area. The national rapporteur role is currently being carried out by the anti-human trafficking unit of the Department of Justice and Equality. Independent evaluation is provided by a number of international organisations, such as the Council of Europe and the OSCE. Both organisations visited Ireland in 2012 and their reports will feed in to the policy.

Senator Hayden and others commented on prosecutions. There were seven prosecutions last year under the 2008 Act. They have not been concluded and that is probably why they do not appear. We all are conscious of the position of the man referred to and the fact that we could not prosecute because it was not considered to be a crime. This amending legislation will have a significant impact on where we are going. Of course, how it is implemented must be kept under close review.

In terms of Garda resources, the Garda Commissioner is the person who comes to the Minister for Justice and Equality to state he needs additional resources, and that has not happened so far. I am sure the Commissioner would know when additional resources are needed. It is not as if he and the Minister do not meet regularly; they do.

I was asked whether the State offers victims of trafficking alternatives to fully satisfy the requirement of voluntary returns. We are all conscious that when someone is taken from their own place and brought to a different country by way of trafficking or slavery - perhaps the language around that will change soon - and wishes to return, we need to be careful how that return is put in place.

The alternatives to voluntary repatriation for victims of human trafficking are set out in the administrative immigration arrangements for the protection of victims of human trafficking, which outlines the procedures for suspected victims of trafficking in human beings, and immigration status is required to be considered. These outline that such a person may be granted a period of recovery and reflection in the State and may also be granted one or more periods of temporary residency in the State. It also outlines how such a person may apply for a change of status allowing him or her a more enduring permission to remain in the State.

I thank the Senators. I am sure any issues which have not been answered will be raised again with the Minister, who looks forward to the passage of the Bill through both Houses.