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 thank the Minister of State for his engagement and welcome the fact that he is looking to ensure that that clarification, if it is inserted, will be a little wider than the issue I have addressed of documentation but will look also at sections 6 and 7. That is positive. I again emphasise that I do not believe the humanitarian defence is appropriate in respect of a smuggled person because we are talking about people who, by their nature, are probably entering a different legal process - for example, the international protection process. Even the question of there being a potential prosecution, whether or not there may be a successful defence, could jeopardise the well-being and the access to rights for an entire family unit. I think that that is how the Minister of State is minded but I urge him to be very robust in being clear that the smuggled person is not the object of prosecution. I know he wants to clarify where that smuggled person is himself or herself. I think that that clarification should be able to be teased out because we are quite clear. I almost have two safety nets in some of these amendments, whereby reference is made to people who are the object of smuggling themselves and where it is done in respect of a family member. That should be clear because if a smuggler is engaging in these actions in respect of other persons who are not the smuggler's family members, that would count as an exemption in respect of the actions taken for the family member. However, that same extension would not extend to other actions the smuggler may have carried out for those who are not his or her family members. I think that can be addressed. I urge the Minister of State to make this very clear in the definitions, which is I think what he is trying to address, rather than placing people in a position of having to try to exercise a defence, especially given the likely vulnerability of those persons and their access.

Again, I thank the Minister of State for his engagement on this. I will be watching the Dáil very closely and I hope we have the Minister of State back in the Seanad with amendments that address this issue.

Comments

No comments

Log in or join to post a public comment.