I welcome the Minister of State, Deputy Browne, back to the House yet again.
Criminal Offences (Sexual Offences and Human Trafficking) Bill 2023: Committee Stage
Sections 1 to 3, inclusive, agreed to.
SECTION 4
Amendment No. 1, in the name of Senator Keogan, has been ruled out of order owing to a potential charge on the Exchequer.
Is it out of order?
The Senator cannot talk about it; it is out of order.
I did not get any notification that it was out of order.
I do not know. I am just reading what is in front of me.
I got no notification.
That is the information I have. I am not allowed to let the Senator speak about it. This is not about me-----
I did not get any notification that it was out of order.
I am sorry if the Senator did not, but I am just telling her what is in front of me. She may not speak about amendment No. 1.
I should have been notified.
Yes, the Senator should have been. It is not in my gift to notify her or not. All I can say is that amendment No. 1 is out of order and I am not permitted to let her speak on it.
I am not the only person who tabled amendments.
We will deal with the others when we get to them.
That is fine.
Amendment No. 1 not moved.
Section 4 agreed to.
Sections 5 to 19, inclusive, agreed to
SECTION 20
Amendments Nos. 2 to 4, inclusive, and 6 to 13, inclusive, are related and may be discussed together, by agreement.
Government amendment No. 2:
In page 14, between lines 2 and 3, to insert the following:
""relevant person" means a person who has—
(a) a physical disability,
(b) a mental or intellectual disability, or
(c) a mental illness,
which is of such a nature or degree as to severely restrict the person to guard himself or herself against serious exploitation;".
The grouped amendments are technical amendments to the Bill that substitute the words "relevant" and "vulnerable" in a number of places. "Vulnerable person" was defined in the Bill as a person with capacity issues; however, "position of vulnerability" is also used in the legislation in relation to a trafficked person. Vulnerability in the latter context is interpreted more broadly and can include multiple factors, depending on the victim's personal circumstances. The Office of the Director of Public Prosecutions raised concerns that these concepts can be completed, which risks narrowing the interpretation of "position of vulnerability". To address these issues, the amendments seek to define a person with capacity issues as "a relevant person" and provide for the associated changes in terminology.
Amendment agreed to.
Government amendment No. 3:
In page 14, line 29, to delete "exploitation;" and substitute "exploitation.".
Amendment agreed to.
Government amendment No. 4:
In page 14, to delete lines 30 to 35.
Amendment agreed to.
Section 20, as amended, agreed to.
Sections 21 to 26, inclusive, agreed to
SECTION 27
I move amendment No. 5:
In page 18, to delete lines 30 to 35 and substitute following:
"27. (1) A person who is believed, or may be, a victim of human trafficking can obtain consideration to obtain support and recognition offered under the EU Directive by reporting their human trafficking to the state of any of the trusted partners. Where An Garda Síochána or the DPP determine a crime reported amounts to human trafficking, whether or not the person requests support under the EU Directive, the crime against them will be recorded. In all cases reported to the State, an investigation will occur.".
The proposed wording for section 27 is countered in the first US TIP report recommendations and creates an unacceptable barrier for victims of human trafficking. The TIP report highlights the need for the proactive identification of victims. This follows the international framework of the EU directive and the Council of Europe Convention on Human Trafficking. In these frameworks, it is made clear that an investigation should be conducted even without a victim's co-operation. This is due to the serious nature of the crimes, the link to the ECHR and the duty placed on states under international instruments. The European Court of Human Rights ruled on the serious nature of human trafficking in the case of Rantsev v. Cyprus and Russia, application No. 25965/04, 10 October 2010:
General Principles and Considerations
In the first place, the Court held that trafficking in human beings as internationally defined falls within the scope of art. 4 of the Convention, although the latter explicitly prohibits only slavery, servitude and forced labour.
In this respect, the Court reiterated that it has never considered the provisions of the Convention as the sole framework of reference for the interpretation of the rights and freedoms enshrined therein (Demir and Baykara v. Turkey), and that due consideration must be given to the whole international legal framework, as provided by the Vienna Convention rules of interpretation.
In addition, the Court emphasised that the object and purpose of the Convention to protect human rights, requires it to be interpreted in a practical and effective way … in the light of present-day conditions.
Finally, the Court observed that trafficking in human beings by its very nature threatens human dignity and the fundamental freedoms of its victims, and cannot be considered compatible [with] the values expounded in the Convention.
In light of the foregoing, the Court concluded that trafficking is per se prohibited by art. 4 of the Convention.
Section 27(1) states:
A person who believes that he or she is, or may be, a victim of human trafficking may make an application (in this Part referred to as an "application") in accordance with this section to be identified, in accordance with this Part, as a victim of human trafficking to—
Taking the court's ruling and the international instruments into account, it is abundantly clear from section 27(1) that international instruments and the court expect states to introduce legislation that proactively identifies victims and provides support measures irrespective of their co-operation with the state. In addition, an investigation should be conducted even if the victim does not co-operate with the authorities. While this may limit the ability to investigate, there still remain duties. In many cases, there will be evidential leads and opportunities to investigate without the victim co-operating. This is a model adopted for gangland shootings or assaults, domestic abuse and other crimes where victims may be reluctant or so traumatised that their co-operation, especially in the initial stages, is unlikely. The current position on a victim making an application is morally wrong and contrary to legislation and the European Court's determination.
The question this raises is what happens if the Garda, the HSE or any statutory agency, or a trusted partner, identified a case of human trafficking. Under the proposed legislation, an adult victim will need to make an application. There are some exceptions where a third party can assist. The process of being recognised as a victim of human trafficking is legislated in a way that other international protections are offered, primarily associated with migration. Human trafficking involves a victim of serious crime and while many people are foreign nationals, people of all nations, including EU and Irish nationals, can be trafficked.
I thank the Senator for putting down this amendment.
This section of the legislation provides that a person may apply to be recognised as a victim of human trafficking by making an application under the national referral mechanism.
I assure Senator Keogan that this Bill and the existing human trafficking legislation are in line with the EU directive on preventing and combating trafficking in human beings. Indeed, the existing EU directive is currently being updated and a key component of this revised directive is the establishment of a national referral mechanism for victims of human trafficking.
As Senators will be aware, this Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 will put a newly revised national referral mechanism on a statutory footing and this will make it easier for victims of trafficking to come forward, be identified and access support. The national referral mechanism provides a way for all agencies, both State and civil society, to co-operate, share information about potential victims, and identify those victims and facilitate access to advice, accommodation and support. Once victims are more familiar with the supports offered and gain greater trust in public authorities, this should also help the relevant State bodies gather more information and evidence on the traffickers who prey on vulnerable people with no regard for their lives and safety.
We are determined to bring the perpetrators and facilitators of this crime to justice and a specialist unit within An Garda Síochána conducts investigations into human trafficking. The unit engages with a number of agencies and also provides advice, support and operational assistance to investigations undertaken at the local level. Last year, 53 persons were identified by An Garda Síochána as victims of human trafficking which marked a 26% increase in the number of victims identified compared to the previous year.
As reported in the media this week, An Garda Síochána has been carrying out days of action in collaboration with other State agencies aimed at identifying foreign nationals trafficked into Ireland for the purpose of labour exploitation. The Garda National Protective Services Bureau is collaborating under Europol and with law enforcement agencies in other countries to combat organised crime gangs engaged in trafficking, to investigate cases and to share relevant information.
Combating and preventing trafficking in human beings is a priority for my Department and for this Government as evident in the actions set out in the third national action plan to combat human trafficking 2023-2027, which was published at the end of last year. Under this and previous action plans, there has been significant progress and measures to combat trafficking in human beings, to create a more victim-centred approach to identifying and supporting victims, and to raise awareness and to provide training. There has been a strong emphasis on training of border management and airport personnel, healthcare professionals and social workers coming into contact with potential victims of trafficking which facilitates increased reporting and investigation by law enforcement.
These ongoing efforts reflect the State's commitment to supporting victims of human trafficking and investing cases where they occur in line with our international and, indeed, EU obligations. Therefore, I do not agree with the amendment as proposed.
The criminal law Bill is proposed as a legal instrument to improve the national response to the identification of victims of human trafficking.
Ireland's response to human trafficking and the identification of victims has been subject to negative reporting in the US Department of State's annual trafficking in persons report and the Council of Europe expert group evaluation on compliance with the CoE convention on human trafficking.
In the US TIP report, three of the 18 priority recommendations relate to victim identification:
Increase efforts to proactively identify and protect all victims, especially Irish citizens, victims of labor trafficking and forced criminality, and vulnerable populations like children, sea fishers, and asylum-seekers.
Improve victim identification and referral by issuing a revised NRM in coordination with NGOs; providing victim identification training for all front-line officials, including for labor inspectors; and offering formal identification, a recovery and reflection period, and services to all victims.
Allow formal victim identification by entities other than the police, including civil society, labor inspectors, social workers, and health care professionals.
Ireland is a two-tier country on the human trafficking watch list and the Government of Ireland does not fully meet the minimum standards for the elimination of trafficking. This was also Ireland's ranking last year.
A new report by the US State Department claims that Ireland did not convict any human traffickers for at least seven years in a row despite identifying more than 500 trafficking victims during that time. According to the report, the State failed to convict any traffickers for the crime of trafficking last year. The Government did not convict any traffickers for trafficking and instead relied on non-trafficking statutes that may have at times resulted in inadequate penalties, and has very convicted a trafficker for labour trafficking under its anti-trafficking law, it reads.
Systemic deficiencies in victim identification, referral and assistance persist. The Government did not yet amend its national referral mechanism and consequently did not identify any Irish nationals as victims.
The Government did not overhaul its framework for providing accommodation to trafficking victims, which continues to leave victims with inadequate and unsafe accommodation. The Government did not report providing trafficking-specific training to any judges and has never award restitution or compensation to victims.
As a matter of priority, the report urges Ireland to improve victim identification and to specifically identify "Irish citizens, victims of labor trafficking and forced criminality, and vulnerable populations like children, sea fishers, and asylum-seekers."
However, despite these shortfalls, the report added that the Irish State is making significant efforts to rectify the situation. Specifically, it pointed out to a variety of measures that had been implemented such as the special accommodation for female trafficking victims which was introduced last year, general awareness raised about the victims' prevalence and increased funding to support victims of the practice.
On the US Trafficking in Persons report, human trafficking, as I have said, is an exploitative and a particularly heinous crime that preys on some of the most vulnerable people. There is no question that combating it is an absolute priority for this Government.
While acknowledging the lead taken by the US in producing this report, I regret that recent progress we have made has not merited an upgrade. We have introduced a number of significant measures to combat trafficking, to create a more victim-centred approach to identify and support victims, and to raise awareness and provide training. A core element of this, of course, is the revised national referral mechanism that is before the House here today. This will make it easier for victims of trafficking to come forward, be identified and access support.
We also published a new national action plan on human trafficking last November and key actions include the delivery of training through NGOs targeting front-line staff in industry such as hospitality, airlines, shipping and security who may have come into contact with trafficked persons, and the opening of accommodation for female victims of human trafficking and increased funding for supporting victims of crime generally. A significant amount of work is happening and more will be done.
We are satisfied that the amendment is not appropriate in the circumstances. We believe the legislation is in compliance with the European Union directive.
Amendment agreed to.
Amendment, by leave, withdrawn.
Government amendment No. 6:
In page 19, line 19, to delete "vulnerable" and substitute "relevant".
Amendment agreed to.
Section 27, as amended, agreed to.
SECTION 28
Government amendment No. 7:
In page 19, line 38, to delete "vulnerable" and substitute "relevant".
Section 28, as amended, agreed to.
SECTION 29
Government amendment No. 8:
In page 21, line 4, to delete "vulnerable" and substitute "relevant".
Amendment agreed to.
Section 29, as amended, agreed to.
SECTION 30
Government amendment No. 9:
In page 23, line 8, to delete “vulnerable” and substitute “relevant”.
Amendment agreed to.
Section 30, as amended, agreed to.
Sections 31 and 32 agreed to.
SECTION 33
Government amendment No. 10:
In page 26, line 20, to delete “vulnerable” and substitute “relevant”.
Amendment agreed to.
Section 33, as amended, agreed to.
Sections 34 and 35 agreed to.
SECTION 36
Government amendment No. 11:
In page 28, line 14, to delete “vulnerable” and substitute “relevant”.
Amendment agreed to.
Government amendment No. 12:
In page 28, line 15, to delete “vulnerable” and substitute “relevant”.
Amendment agreed to.
Government amendment No. 13:
In page 28, line 18, to delete “vulnerable” and substitute “relevant”.
Amendment agreed to.
Section 36, as amended, agreed to.
Sections 37 to 40, inclusive, agreed to.
Amendment No. 40 in the name of Senator Keogan has unfortunately also been ruled out of order. I have been informed that an email was sent.
I have been in this Chamber since 11.30 a.m. I have not been out of the Chamber because I was here for the previous Bill. I only got notice there. I got an email at 1.28 p.m. Nothing was sent in the post. This section is really important and I really-----
I am not permitted to let the Senator speak on her amendment. They are not my rules but those of the House. I cannot let her speak on something that is out of order. It was ruled out of order by the Cathaoirleach's office and not by me. Amendment No. 14 in the Senator's name is out of order as it is not relevant to the subject matter of the Bill and represents a potential charge on the Revenue.
Of course it is relevant.
I am not allowed to let the Senator speak on it because it has been ruled out of order. I am sorry that I cannot but I cannot.
I ask the Minister of State to look at the amendment. If he could look at it and take that-----
Unfortunately, I am not permitted to let the Senator speak on it.
Amendment No. 14 not moved.
Schedule agreed to.
Title agreed to.
Bill reported with amendment.
When is it proposed to take Report Stage?
Next Tuesday.
Is that agreed? Agreed.
Report Stage ordered for Tuesday, 2 July 2024.
Cuireadh an Seanad ar fionraí ar 4.53 p.m. agus cuireadh tús leis arís ar 6 p.m.
Sitting suspended at 4.53 p.m. and resumed at 6 p.m.