James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senators for their important contribution, general welcome for the Bill and making constructive comments and information. Several Senators referenced submissions by IHREC and a number of other bodies in regard to the pre-legislative scrutiny. There was significant criticism at the time. In drafting the Bill versus the scheme, we tried to address as many of those as possible within the narrow confines of this Bill. It is a relatively narrow Bill, particularly focused on the criminal element of the legislation in regard to smuggling. We will have an opportunity again on Committee Stage to look at a number of matters in terms of what the Bill does or does not cover and deal with.

A number of Senators raised important points. Senator Horkan and others referred to the stresses and pressures on people who seek to be smuggled into this or any other country. No one undertakes it lightly so we have been very clear within the Bill to ensure that the smuggled person cannot face any criminal charges under this legislation. There are serious difficulties in getting prosecutions under the current law in regard to the for gain element and that is one of the key reasons for reversing the burden under this legislation and instead creating defences, which was acknowledged by Senator Mullen.

Senator Barry Ward recognised the important modernisation of this law in regard to smuggling, but he also raised an issue around section 1 and the issue of intent and whether there was room to bring in recklessness as well as intent. I will certainly engage with Senator Ward on that matter prior to the Bill coming to Committee Stage. That can be looked at in terms of whether it can be expanded to include the issue of recklessness.

Senator Vincent P. Martin mentioned the issue of the first trafficking convictions that were secured yesterday in Mullingar. Senators Ardagh, Conway and others brought up those historic prosecutions. It was very welcome to see those prosecutions. Hopefully, we will see many more prosecutions of those who are trafficking in human beings.

Senator Niall Ó Donnghaile recognised that this would make a difference and that we must focus on legislation that will make a real difference to people in their lives. Senator Mark Wall also welcomed this but highlighted, and he is correct, that we need to keep the lines open with those people being smuggled so that they can provide information and that they are protected.We need to keep the lines open with those people who are being smuggled in order that they can provide information and to ensure that they are protected.

Senator Black again raised the issue of ensuring that smuggled persons are not committing an offence. We are quite satisfied that this legislation is clear that those who are being smuggled are not committing an offence by virtue of being smuggled. Senator Black also raised the issue of humanitarian efforts and that piece around the issue of it being a defence versus an exemption. Senator Higgins also raised that issue. It is certainly something we will examine more closely going into Committee Stage.

Senator Ardagh highlighted the issues around those first convictions in Mullingar yesterday under human trafficking. I appreciate that trafficking and smuggling are different but there is much crossover and they can be closely related, especially where the smuggled person is a vulnerable person. Senators Ardagh and Conway brought up the issue around the undocumented scheme. I agree with the Senators that when the undocumented scheme is published, it will be very important that it is highlighted to those who can benefit from it. We certainly want to ensure that everybody who cannot benefit under that scheme will be able to do so and we have been engaging with the NGOs quite extensively on this scheme to ensure that it is very simple and clear, a bit like the student scheme was a few years ago. We will ensure that it is written in plain, simple language, that it is accessible and understandable and that it will be highlighted. There will be no need for recourse for legal advice in terms of being able to apply for this scheme. It will be simple, clear and straightforward. They were the various issues. As I said, we will have an opportunity on Committee Stage to go through some of the concerns raised by Senators in more detail and try to address those where we can.

I am glad to bring this legislation before this House, in conjunction with other legislation on which we are working in the Department of Justice to really try to bring a victim-centred approach right across everything we are doing and all the legislation we are bringing in. I look forward to further engagement.