Vincent P Martin (Green Party) | Oireachtas source

The timing of the Second Stage reading of this important legislation, which the Green Party is very pleased to support, is almost uncanny. Within the last 24 hours, as we probably all know, two women were jailed over human trafficking and organising prostitution. They became the first people convicted in Ireland of human trafficking for the prostitution ring they ran in the midlands. That followed a six-week jury trial over the summer. They were convicted by the jury and Judge Francis Comerford passed sentence yesterday, giving them both custodial sentences in excess of five years. It is reported:

Judge Comerford said the offences did not relate to trafficking the women into Ireland but the control exercised over them once they arrived here when the victims had become "indentured slaves." "They coerced the victims into a sustained and degrading period of prostitution which did great harm to all victims for financial gain," the judge remarked. He said the two accused had taken advantage of vulnerable women who had no real alternative but to accept their exploitation before finally summoning enough courage to break free.

If ever we wanted a live, real example to show this is not theoretical or about getting in line with Europe, European instruments and transposing laws from Europe, this is it. This is real, this happened and as Senator Mullen said, it is happening all the time. Sometimes it is visible but more often it can be invisible. We can comment on this because the sentencing process is complete. As Judge Comerford said, the victims had no real alternative but they tragically accepted direct exploitation before summoning the courage to break free. No doubt huge damage was done. I hope there are sufficient counselling and support services in this country to support the victims on the receiving end of such horrendous crimes. I note "breaking free" is the phrase used by the trial judge in that matter and I welcome the recently-approved plans for the national referral mechanism, NRA, to make it easier for victims of human trafficking to come forward and be supported. I look forward to seeing this put on a statutory footing. It will hopefully enable more victims to come forward because coming forward in such instances must take huge courage, I can only imagine. It can be a dark, lonely, isolating and nerve-wracking experience.

On Second Stage it is appropriate to flag matters. Is the Minister of State satisfied concerns raised by the Irish Human Rights and Equality Commission are adequately addressed?The Irish Human Rights and Equality Commission said that the proposed Bill to combat the trafficking of human beings is silent on the rights and protections of smuggled persons into Ireland. A number of months ago the IHREC chief commissioner, Ms Sinéad Gibney, was reported as saying that Ireland is both a destination and source country for human trafficking, including people trafficked for sexual exploitation, domestic work, fishing, agriculture, the hospitality sector, waste management, and car washing services among others.

As other speakers said, this is not some invisible economy at work. Perhaps prostitution is done in quiet places in the dark. In the case of many of these services, such as catering and car washing, for all we know, we are in a sense inadvertently - I emphasise the word "inadvertently" - assisting part of this ring. It is reassuring that the Oireachtas will tighten the grip but I am concerned by what Ms Gibney said. IHREC's recommendation made it clear that a more robust, consistent, and thoroughly documented response system to the smuggling of persons in Ireland is required for us to be able to take on this scourge.

The IHREC also said that the proposed law needs to take a vital step in putting in place a system that is victim-centred, gender sensitive and takes into account the experiences, support needs and, above all, the devastating impact of any related exploitation and abuse on the lives of those affected. We will have an opportunity on the later stages of the Bill to ensure that this legislation is tightened up and becomes more robust. However, I would like to know if the Minister of State can assure us that he can meet those concerns head on.

In its submission, the IHREC advised that the offence of people smuggling as currently drafted in the Bill must be revised to ensure legal certainty. Its positive, constructive proposal that aggravating factors, especially which come into play at a sentencing matter for a trial judge, should include a wide range of categories, including offences that involve children, women, or people with disabilities. Overall, this Bill is a step in the right direction and we welcome it.

In the week that is in it, and to stay topical, I welcome the recent announcement that 500 extra places will soon be made available in this country for Afghan families. As other speakers said, the Bill proposes to update the criminal justice aspects of the regime in respect of smuggling. It reflects the provisions of three international instruments against people smuggling. These are: the EU Council directive, the EU framework decision, and the United Nations protocol. These have been well ventilated today.

I think Senator Ward said that we are looking at a modernisation. The Green Party welcomes that modernisation and the Minister of State bringing this Bill before the House on Second Stage. However, I have flagged concerns and I have reservations about the Bill. I reserve the right to bring forward amendments at a later stage to make sure the Bill is more robust and that there is no room at all for ambiguity.