Seanad debates

Wednesday, 29 September 2021

Criminal Justice (Smuggling of Persons) Bill 2021: Second Stage

 

10:30 am

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit, cosúil le mo chomhghleacaithe eile. Táim sásta go bhfuil an seal agam cúpla focal a rá ag an chéim seo den Bhille. Cé go bhfuil sé tábhachtach go bhfuil an díospóireacht agus an comhrá seo againn faoina leithéid de chúrsaí, tá sé fíor thábhachtach fosta go ndéanaimid rud éigin faoin ábhar seo. An rud is tábhachtaí faoin reachtaíocht atá os ár gcomhair inniu ná go bhfuil sé ag tabhairt seals don Rialtas agus don Stát rud éigin a dhéanamh faoin ábhar seo. Is é sin a rud is tábhachtaí agus is mó atá de dhíth.

In recent times we have witnessed our television screens the horror, heartbreak and misery caused to those desperate, poor, and often exploited people, who are lured into the world of human trafficking and people smuggling. Whether these are people who are risking their lives and, in many cases dying, in the Mediterranean, or who are suffocated on the backs of lorries in Europe, or, indeed, being rescued subsequently he held in detention centres, their lives unfortunately are miserable.

People do not place themselves, or in many cases their children, in such danger without good reason. They are often fleeing their own countries for a better way of life, whether as political, or indeed economic, refugees. Of course, rational and calm logic would tell those compelled to use the traffickers and smugglers that their lives in the hands of these criminals will generally speaking get much worse. However, as we know only too well from the story of immigration in this country, calm reflection on the choices one has to make is in most cases an unaffordable luxury. "Needs must", is what is driving these vulnerable people.

This Bill designed to assist those caught up in the dangerous world of people smuggling and it will align the legislation in the state with EU legislation. It also specifically allows for circumstances where a person is brought here by a designated organisation for the purpose of seeking asylum. This is new and has the potential to be helpful. The Bill will allow for designated organisations to bring asylum seekers to this State without fear of prosecution. It is with the utmost importance, because we are dealing with people who are at risk, adults and children, that designated organisations are rigorously vetted to reduce any possible risk of exploitation.

The Bill also allows for prosecution in cases where the offence did not take place in this State. However, that is a matter for the Director for Public Prosecutions, DPP, as there must be a connection to this State, either in the commission of the offence or indeed after it. While we discuss and, hopefully, ultimately get to a stage we can pass this legislation, there is need to reduce the time it takes to process asylum applications. To assist in overcoming this time delay, the Garda National Immigration Bureau, GNIB, and the Irish National Immigration Service, INIS, should be given additional resources.

Overall colleagues in the Chamber and my party are content with the aspirations of this Bill. We, like others, will support it on Second Stage. We have all heard some of the horrific and tragic stories, either through the media or through our privileged positions within this House. It is important that we have the opportunity to discuss legislation such as this in the broadest sense. Indeed, that is what Second Stage is for. However, there is also a real onus on us to act and to pass laws that will make a difference - laws that will have an impact and that will ultimately support those who are most vulnerable and who are facing such horror and such difficulty.

I, like other colleagues, not least Senator Vincent P. Martin, who spoke previously, support the Bill at this stage. However, I reserve the right to work with colleagues in the House, with the Minister of State and with his officials with a shared hope and aspiration to refine, strengthen and improve this legislation where it is required.

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