Criminal Justice (Smuggling of Persons) Bill 2021: Committee Stage
Seanad Éireann — 2021-10-07
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Lynn Ruane (IND), University of Dublin

I move amendment No. 10:
In page 11, between lines 6 and 7, to insert the following:
“ Protection from prosecution
9. A person shall not be considered to have committed an offence under section 6, 7 or 8 , where the person engaged in conduct alleged to constitute an offence under section 6, 7 or 8 —
(a) in order to provide, in the course of his or her work on behalf of a bona fide humanitarian organisation, assistance to a person seeking international protection in the State or equivalent status in another state if the purposes of that organisation include giving assistance without charge to persons seeking such protection or status, or
(b) for the purpose of providing humanitarian assistance, otherwise than for the purpose of obtaining, directly or indirectly, a financial or material benefit.”.
Each of amendments Nos. 10, 11 and 12 relates to the protection from prosecution. Again, this set of amendments was written on the back of the recommendations made by IHREC that those who smuggle for humanitarian purposes should be entitled to use this as an exemption from criminal prosecution. Once again, if the purpose of the Bill is to bring Ireland in line with the legal instruments for the prosecution of traffickers and smugglers, then to add such an exemption to the Bill would only bring Ireland further in line with the 2002 European Council directive on smuggling. The current provision within section 5 of the Bill is cast as a defence rather than an exemption or an exclusion, which is not in line with the European provision. To continue to not explicitly state that smuggling for humanitarian purposes is an exemption rather than a defence puts the good work of the likes of Médecins Sans Frontières, MSF, at risk. I therefore ask the Minister of State to accept these provisions.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/seanad/2021-10-07/debate/main
Retrieved: 2026-08-14T04:49:40+00:00
Sitting date: 2021-10-07