James Browne (Wexford, Fianna Fail) | Oireachtas source

These amendments would include financial and material benefit as an element of the offence to be proved by the prosecution. I have discussed this at some length in respect of the previous amendments and it is, of course, something which has been considered in-depth by officials in consultation with the Office of the Attorney General. I do acknowledge that there is a difference between the UN protocols and the EU instruments in their approach.It is not an option available under these instruments to require financial or material gain in respect of entry or transit. However, more broadly, as I set out in my contribution on the previous amendment, the approach of not requiring a financial material gain element of the offence but providing a comprehensive humanitarian assistance defence, complemented by the clarification in section 5(2), is the most effective and balanced one. Under the circumstances, I cannot accept the amendment.