Seanad debates

Wednesday, 29 September 2021

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

 

10:30 am

Photo of Gerry HorkanGerry Horkan (Fianna Fail) | Oireachtas source

Looking around the Chamber, I note that the Minister of State is a barrister, as are four of my colleagues. We are dealing with a justice matter, but this is technical legislation that we are bringing forward. We are trying to transpose legislation and recommendations from the EU and the UN into Irish law. Regarding research on this Bill, and the concept, I welcome the briefing note that we got from the Department last week. We also have the Minister of State’s speech today. I thank the Oireachtas Library and Research Service as well for an excellent Bill digest with some useful information on this legislation.

None of us can properly appreciate what it takes for people to get involved in this activity - I do not mean on the commercial side - and to subject themselves to being smuggled. I refer to people who go to someone and say that they need to be smuggled because of the pressure they are under in the countries they would like to leave. It is not generally because people feel like they would like to go to a certain country. People are leaving countries such as Syria and I am sure Afghanistan now. They cannot get out of those countries via the regular routes and into other countries. People in those situations will do anything.

Other people are exploiting those vulnerable people. Human trafficking is worse again. Unless people are experts in this field, they may not appreciate the difference between people smuggling, which is where payment is made to be smuggled and people are then, in theory, free once they reach the far side, assuming that they manage to get to the far side. The Minister of State alluded to those awful tragedies where people do not make it on these journeys. Human trafficking then is where people are being smuggled and incarcerated at the far end. The victims are then exploited for long-term or permanent economic gain by those people who have trafficked them.

Either way, these are people who have found themselves in situations where they feel that they have to get out of their own jurisdictions and countries. They may have had to borrow or spend their life savings to do that. They may have had to give those savings to some of these people smugglers, who are exploiting these fears and also putting their victims in enormous danger in many cases, such as in refrigerated lorries, etc. They also transport people into countries where there is no guarantee that they will necessarily be safe, either on the journey or when they arrive. The victims may not be free when they do reach their destination and they may even end up in a trafficking situation.

This Bill is welcome. I note in the Bill digest that we are one of two countries in Europe that has the worst status. I think it is tier 2 or under watch status, as it is called. It is a survey from the United States. We must ensure that we are not any less proactive in banning, discouraging and enforcing rules against people smuggling. It is a vile, horrible and evil activity, which preys on the most vulnerable. I happened to be in Budapest in the summer of 2015, I think it was, when many people arrived and were trying to get into Europe. They were mainly trying to get to Germany. People could be seen around train stations because they are warm, there is surveillance and they do not close at night. However, those people were just so vulnerable. One could see the fear in their eyes. They were not aggressive. They were just fleeing. They were leaving behind their entire lives, existences, properties, families and any assets they may have had just to get out of where they were. None of us can really appreciate that experience. Our grandfathers and great-grandfathers might have emigrated from Ireland, for various reasons, but they would not have felt the need to be smuggled. Therefore, we all feel for people in these types of situations, but we probably do not really appreciate the absolute pressure that they are under to escape possible arrest and killing in their own countries. These people are trying to get out and they are doing anything they can to achieve that goal.

However, we must discourage the people smugglers. I heard the Minister of State on the radio discussing this issue and stating that people from Afghanistan would be allowed in and would be able to bring family members with them into the country. We all appreciate trying to provide refuge for people who are under pressure. However, there are people who are making commercial gains from this situation and often putting the people they are gaining their money from into very dangerous situations. It is vital, therefore, that this legislation is passed quickly. I certainly do not wish to delay its passage. I do not doubt that the entire Chamber will be in favour of this legislation. It was useful that the Minister of State referred to having spoken to representatives from organisations such as Ruhama, the MRCI and IHREC and that he had, where possible and appropriate, taken on board their thoughts on this Bill. From a Fianna Fáil and a personal perspective, I welcome this legislation. We must always be trying to ensure that we do not criminalise the people who are the victims in these situations. It is the perpetrators, those making economic gain from exploiting vulnerable people, that we are targeting. I appreciate the difficulty in apprehending those perpetrators. The Minister of State alluded to some of the issues. Cash is used and other countries are involved. We must, however, make this a punitive regime where we can prove cases and make it as difficult as possible for people to engage in people smuggling. It is a despicable activity. No one in this House would say otherwise.

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