Alice-Mary Higgins (Independent) | Oireachtas source

Amendments Nos. 16 and 17 relate to training. My colleague, Senator Ruane, is the person who first highlighted this issue on Committee Stage.

A lot of the rationale for this legislation being brought forward is the perception that Ireland has been rated as tier 2, so less than best practice levels, in terms of our reports on how we are doing with identifying trafficking, and dealing with smuggling and other issues. In terms of the issues that were identified as problems, to be honest, prosecutions and successful prosecutions were a small part of . A lot of the issues that were identified as concerns in Ireland concerned the failure to identify trafficked or smuggled persons - I have focused in these amendments on smuggled persons because this is Bill on smuggling - and that there was a lack of knowledge and understanding on the part of front-line staff who were engaging with these vulnerable persons, first in identification and then in following up . Also, there is a concern about ensuring the smuggled person is given the supports he or she needs to access his or her rights, including his or her rights under international protection and under the European convention. That is the area where Ireland has been marked as falling down and that is where we have got a poorer ranking. Therefore, this is an area that needs to be improved.

In amendments No. 16 and 17, we specify the "additional personnel, including independent civilian experts" and "the potential for human rights experts from non-governmental organisations to assist in identification and support of smuggled persons". This is an issue that was discussed at great length in the past and which was happening, in fact, coming up to about 2003 and 2004. There had been a practice whereby you had independent human rights and civilian experts who were in a position to be, which we cannot expect every front-line security officer will be, experts in international protection law and due process and who had an expertise when it came to legislation on smuggling. That was a really important resource and, crucially, as the Minister of State himself spoke about the fear a smuggled person will have when he or she encounters a person of authority or the fear he or she will have of both the smuggler and, potentially, a member of the police force or authority, especially if the smuggled person comes from an authoritarian situation, having those independent personnel as someone a smuggled person can talk to and engage with on how he or she accesses his or her rights is a very good idea which tends to lead to more honest communication which, as a result, also leads to better prosecution of smugglers. That is something we had in 2003 and 2004. It was being trialled, it was happening and then it stopped happening. It is something we should revisit and I hope the Minister of State can revisit it. It would make a huge difference if, for example, as well as having the security and officials we have, there was also an independent NGO, member of civil society or independent expert at the key points of entry at Ireland's ports and airports. It would be best practice. I believe it has been brought in in New Zealand and a few other places. I am happy to engage further with the Minister of State on it.

My colleague has other points about training, so I will pass on to her.