Vol. 506 No. 2
40 Mr. McDowell asked the Minister for Justice, Equality and Law Reform when the promised legislation to deal with trafficking in illegal immigrants will be published; the main provisions of the legislation; and if he will make a statement on the matter. [15381/99]
I am pleased to be able to tell the House that I have today obtained Government approval to publish the text of the Illegal Immigrants (Trafficking) Bill, 1999, and to circulate it to Deputies.
As I have indicated previously, the Bill will be aimed at the activities of those who organise and engage in the trafficking of illegal immigrants and will provide a framework by which those who engage in the trafficking of illegal immigrants can be dealt with under the law. The Bill will provide for the creation of an offence of trafficking in illegal immigrants with appropriate penalties and in addition to fines and imprisonment will, in certain circumstances, give the court power to order the forfeiture of the means of transport used in illegal immigrant trafficking.
I expect that this important measure will be published within the next few days.
I thank the Minister for his reply and hope the tabling of this question might have prompted the decision of the Government today which is, by coincidence, the anniversary of the approval of this legislation by the Government. Will the Minister agree it is worrying that it has taken a full year from the announcement and approval by the Government of the legislation, for a decision to be taken on the actual text, which we have yet to see? Can he tell us whether the article published in January of this year stating that two international trafficking gangs were responsible for the bulk of the trafficking in illegal immigrants into this country through the port of Rosslare is a fact? Why is it that specific action to tackle that issue has been so long in coming?
I obtained Government approval for the drafting of this Bill last year. I regard it as an important measure, but developments outside the control of my Department inevitably caused delays in publishing the measure. This arose primarily because of the decision by the High Court in the Laurentu case which was subsequently upheld by the Supreme Court. The effect of that judgment was to hold as ultra vires the power of the Minister to make deportation orders. The House will be aware that the Immigration Bill which is currently before the House was introduced, inter alia, to address the implications of the Laurentu case. The trafficking Bill was being drafted on the basis of defining an illegal immigrant by reference to specific provisions in our existing emigration law. In as much as the decision in the Laurentu case called into question those provisions, clearly a difficulty arose in the drafting of the Bill dealing with trafficking. Initially it appeared that publication of the trafficking Bill would have to await enactment of the Immigration Bill currently before the House so that the definitions used in the trafficking Bill would tie in with the definitions used in the new immigration Act. However, I asked my Department to consult further the Attorney General's office about this and we are now satisfied that we can define “illegal immigrant” in a general way which would allow for publication of the trafficking legislation in advance of the enactment of the Immigration Bill. I put the text of a Bill incorporating those proposals before Government this morning and, as I have indicated, the Government has approved the text. With regard to the position of trafficking in illegal immigrants into the country, the measures proposed are in line with measures being taken in other EU states.
Does the Minister agree it is surprising that he cited the High Court decision about the absence of legislation as an excuse for not producing legislation? It was the deficiency of specific legislative powers which was struck down by the High Court in the Laurentu case. Has the Minister held discussions with the Irish Road Haulage Association concerning the measure which is about the be published? Has he received the association's consent on the measures about to be put in place?
Does the Minister agree the Garda Síochána has identified two criminal gangs as the principal culprits in smuggling illegal immigrants into this country in dreadful conditions through Rosslare port?
I cannot confirm or deny the Deputy's comment about two criminal gangs. However, there is no doubt international traffickers and organised crime have been involved in trafficking people into this country.
Risking their lives.
One of my main concerns is that there could have been loss of life. It is clear that someone could have died in any of the containers coming from Cherbourg and this gives rise to the deepest concern. The legalisation is in line with laws in place or being put in place in other EU states to deal with this crime.
The Laurentu case proceeded through the High Court and the Supreme Court and it was necessary for me to await the outcome. It is not ironic – the Supreme Court makes law and the Legislature makes law.
