Seanad debates

Thursday, 23 May 2013

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

 

1:20 pm

Photo of Trevor Ó ClochartaighTrevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

I accept the Minister of State's explanation on the reason she has not acceded to the issues we have raised but at the same time I reserve the right to bring forward amendments on Report Stage that would reflect our thoughts.

We have discussed the financial impact that might accrue from the potential amendments we put forward but are there any repercussions that might come home to roost if we do not fully ratify EU Directive 2011/36 as quickly as possible? We have seen from other EU directives that are not fully complied within a certain time period, that we have been taken to court in Europe as a result. There have been serious implications for the State.

As regards Directive 2011/36/EU will there be repercussions if the opportunity is not taken to take on board the full measures that are in question?

My next point probably strays into the Minister of State's area of competency and responsibility. The Minister of State states the Bill is focusing in particular on the criminal law aspects of the issue. Will the Minister of State outline if she is comfortable with the legislation that is available in the other areas, particularly for supporting people who have been trafficked here and have serious special needs by way of disabilities, or mental or physical disorders?

I think I have asked this question before. A number of people who are trafficked end up in the direct provision system. Is the Minister of State concerned with the system of direct provision as it is currently constituted? The system houses many of these victims and is dealing with people who are trafficked but does not take account of the issues we have raised about people being allowed to work and their mental stability and so on. Is the Minister of State concerned as the Minister of State with responsibility for the area of mental health that the direct provision actually compounds their situation in many ways, as has been flagged in report by the Irish Refugee Council, the Immigrant Council of Ireland and so on?

Why is the Government stalling on ratifying the international convention on the protection of the rights of all migrant workers and members of their families? Why is the Government not taking the opportunity to fully ratify it at this stage with this Bill or another piece of amending legislation?

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