Seanad debates

Wednesday, 29 September 2021

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

 

10:30 am

Photo of Mary Seery KearneyMary Seery Kearney (Fine Gael) | Oireachtas source

I completely support this legislation and welcome the Minister of State's explanation of it. The hard work that went into consultation in the lead-up to the Bill was excellent. I appreciate the distinction being made between trafficking and smuggling. However, in recent weeks, I have received emails from people living in Afghanistan who are desperate to get out and people living in Dublin who have family members, spouses and otherwise, in Afghanistan and are desperate to get them out. It has given me the slightest sliver of insight into how desperate people must be to call upon the services of smugglers or if they find themselves being trafficked. There is a possibility of coercion and a desperation in that. It is very good, therefore, that at the heart of this Bill are provisions ensuring the individual is not criminalised. It is good and humanitarian legislation and I appreciate that very much.

Like others, I welcome the convictions for human trafficking secured this week. They send an important signal. I am glad the Government sent out press releases to ensure the case in Mullingar court was highlighted and nobody missed it. There is a disbelief among ordinary people living in Ireland that they are encountering people daily who have been trafficked into the country. Ordinary individuals can now employe people to provide domestic, gardening or hospitality services, especially via platforms. If people need somebody to clean their house, they can book an hour or several hours on a platform, which provides ease of access. Someone will be sent who may or may not speak English and the person will not know anything about the individual's legal status or anything else. People are relying on the bona fides of the platform. There is an increasing gap there, in which people in the hospitality industry and other areas may have encountered people who have been trafficked. I was contacted over a year ago by a person who had someone in to clean their house and became suspicious because the individual was extremely nervous. The person could have been suffering from some sort of nervous disorder, may have had a meek personality or may have been trafficked. I connected the individual who contacted me with Ruhama which gave fantastic advice. It is an amazing, fantastic organisation.

We need an information campaign on how we can recognise trafficking and identify if a person we encounter has been trafficked into the country. The stereotypes we have in our heads are of sex workers in brothels and people who are being sexually exploited. That image comes from movies and so on but there are also everyday services. Given the demand and pressure on childcare services, people looking for childcare could come across trafficking more and more. I say that recognising the distinction between the two.

The national action plan on trafficking and the national referral mechanism to allow victims to come forward are excellent developments. What is the status of the review of the Criminal Law (Sexual Offences) Act 2017 that began in September last year? The 2017 legislation, which criminalised those who pay for sex and for sexual activities with trafficked persons, was a fantastic step forward but there is the unintended consequence that where two legitimate sex workers work together, they may find themselves liable for an offence. I would appreciate a comment on that. Obviously, I support the legislation.

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