Seanad debates

Wednesday, 20 October 2021

Criminal Justice (Smuggling of Persons) Bill 2021: Report and Final Stages

 

10:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

I am pleased. It will certainly give some support or assurance to some of those working in the voluntary sector. I thank the Minister of State, and I thank him for the engagement of his officials on this matter.

On amendment No. 3, I accept some of the concerns. I note that amendments Nos. 7, 8 and 9, which are forthcoming, explicitly do not include section 8. I recognise that there is a different quality to the actions taken under sections 6 and 7 versus section 8. If that is the core issue perhaps actions could be taken and an amendment even brought by the Government in the Dáil Stages of this legislation in ensuring that sections 6 and 7 might address the issue. Amendments No. 6 and 7 might be considered for protections. Again, there is a concern. This is really another way of coming at the humanitarian issue. It is not that we are removing discretion. As a whole, this Bill is inserting a very large amount of discretion. Previously, a burden of proof was on the prosecutor but now the prosecutor is being given a very wide swathe of discretion. While we will not come to it until later, I really believe that amendment No. 15-----

Comments

No comments

Log in or join to post a public comment.