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

I commend those who contributed to the wide-ranging debate we have had. It is always very interesting. I take up Senator Norris's points, although it is not a case that the last shall be first, because I do not go along with that. This Bill does outlaw trafficking in human organs.

Italso outlaws forced labour. This technical wide-ranging Bill is to be welcomed. I acknowledge that the majority have welcomed it. We must put in place a mechanism to ensure we are in compliance with the EU directive.

In response to Senator van Turnhout's question, I do not have an answer but I will ensure that the Senator gets it.

In relation to a national rapporteur or equivalent, the EU provides for the establishment of a national rapporteur or an equivalent mechanism and according to the directive it does not have to be independent of government. The anti-human trafficking unit of the Department of Justice and Equality currently carries out the relevant tasks provided for in the directive and it is proposed that the anti-human trafficking unit, for the time being at least, will be designated the equivalent mechanism in this regard. This provision is in line with the practice of the majority of member states. It is an interesting point and I am sure that in the future it will morph into something else.

I am pleased to be in the Chamber in place of the Minister for Justice and Equality, Deputy Shatter, who cannot be present today. When I was here on behalf of the Minister, we had a very interesting Second Stage debate and that is the reason I am familiar with the Bill. I was a bit surprised to hear Senator Norris asking that trafficking in human organs be outlawed. However, I know he was present during the Second Stage debate and is interested in this legislation.

I wish to remind Members that the Criminal Law (Human Trafficking) (Amendment) Bill 2013 is a criminal law measure only. To go to the heart of the amendments tabled by the Senator, this directive does not address measures concerning, for example, the identification of victims or assistance and support for victims. These measures are already in place and Members will appreciate that responsibility for assisting and supporting victims stretches beyond the remit of the Minister for Justice and Equality. The HSE, in particular, plays a significant role in assisting victims, including victims who are particularly vulnerable. I take cognisance of the points made, however, as the person is not yet at the centre of the process, our interaction is not yet at the point it should be but I think we are getting there.

The Bill amends the Criminal Law (Human Trafficking) Act 2008 to address outstanding criminal law measures in the 2011 EU directive - the directive updated and repealed a framework decision adopted in 2002. Most of the criminal law measures in the directive have already been implemented by the 2008 Act, which transposed the relevant provisions in the framework decision. As I mentioned on Second Stage, and it is worth repeating, a small number of matters are still being considered, in particular, issues relating to the video recording of child interviews. The use of child interviews as evidence in criminal proceedings is being examined and it was not possible to table the official amendment today. However, these amendments will be brought forward as soon as possible in either the Seanad or the Dáil. I hope it will come forward in this Chamber but I will have no control over it. It will be a matter for the Chair in both Houses. I think these issues can be dealt with at that stage.