Seanad debates

Thursday, 7 October 2021

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

 

10:30 am

Photo of Lynn RuaneLynn Ruane (Independent) | Oireachtas source

I move amendment No. 2:

In page 6, between lines 26 and 27, to insert the following: " "smuggling of people" means the procurement, in order to obtain, directly or indirectly a financial or other material benefit, of the illegal entry of a person into a state party of which the person is not a national or a permanent resident;".

This also relates to the definitions in the Bill. One of the key issues of the Bill is the lack of precision in its use of language. This lack of precision ultimately leads to vulnerable people falling between gaps in the legislation.

There is no definition provided for the smuggling of people, despite the fact that this is the central tenet of the Bill. The definition provided is transposed from the EU protocol against the smuggling of migrants by land, sea and air, which the legislation is seeking to implement.

One of the key issues of the Bill is the lack of precision in its use of language. This lack of precision ultimately leads, as I said, to vulnerable people falling through the gaps of the legislation. By adopting this amendment and accepting this working definition of who constitutes a smuggled person, it will ultimately help officials in the practical reality of identifying who is and who is not a smuggled person.

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