I move amendment No. 3: In the fourth paragraph under “acknowledges:”, to delete “to effect change in habits” and substitute “for carbon pricing to better reflect the social and environmental cost of carbon emissions and to reduce public subsidisation of the fossil fuel industry”.

I am glad to welcome all the MEPs, and some of them back to the Seanad. We are here at a key moment for Europe. Much of the connection that Ireland has - much of the pride that people have for the European Union - is in its history in driving forward workers' rights, women's rights, environmental progress and disability rights. However, much ground and trust was lost during austerity because it seemed that those social solidarity principles and that idea of progressing rights and progressing bigger, better ideas of…

On energy and the energy crisis, I will come later to the question of supply and demand but also the question of costs. It is really important we begin by acknowledging fossil fuels have been costing us the Earth, quite literally, already. The fact the costs on fossil fuels are high now is in some ways only a reflection of the fact fossil fuels are literally costing lives and costing billions for the developing world. That has been so for a long, sustained period of time and we have known it for a long period of ti…

The date has been extended beyond the scheduled closing date.

I move amendment No. 1: In page 7, between lines 10 and 11, to insert the following: “Report on the rights and protections of the smuggled person 5. The Minister shall, within 12 months of the passing of this Act and on a bi-annual basis thereafter, lay a report before both Houses of the Oireachtas outlining— (a) the steps which have been taken to ensure that the State has reflected the 1951 Convention relating to the Status of Refugees, including the principle of non-refoulement in all aspects of the operation of …

We could have separated this grouping of amendments, but I am conscious we are constrained by the 90-minute time limit. I agreed to the grouping in that context. The amendments relate to three separate issues. As we discussed at length on Committee Stage, these are the potentially negative consequences of the legislation, which I believe are unintended on the part of the Minister of State and his office. In addition, we are questioning how effective the legislation is in addressing the problem of smuggling it is de…

I am glad that there is engagement on this area with civil society organisations. There was a lot of disappointment that so many of the recommendations made by the Irish Human Rights and Equality Commission, IHREC, were not reflected in the Bill. I hope there will also be engagement with it on the human rights obligations outlined. The Minister of State may not be able to come back to the post-enactment report, but I hope he will. Post-enactment reports can be blunt and refer to the number of prosecutions full stop…

I move amendment No. 2: In page 8, line 10, after “profession,” to insert “whether for profit or otherwise,”.

Amendments Nos. 2 and 3 are a different approach but build on the discussions we had on Committee Stage. I also want to recognise the engagement of officials in the interim period between Committee and Report Stages. That has been very constructive. Amendments Nos. 2 and 3 relate to a core aspect of the Bill. Saying that a person can have a defence is very different from saying that a person will not be prosecuted or is not committing an offence. We have spoken about the potential chilling effect of the signal that…

I am pleased. It will certainly give some support or assurance to some of those working in the voluntary sector. I thank the Minister of State, and I thank him for the engagement of his officials on this matter. On amendment No. 3, I accept some of the concerns. I note that amendments Nos. 7, 8 and 9, which are forthcoming, explicitly do not include section 8. I recognise that there is a different quality to the actions taken under sections 6 and 7 versus section 8. If that is the core issue, perhaps actions could …

This relates to this amendment. I am saying-----

We are discussing amendments Nos. 2 and 3. I am saying that this is in response to-----

I will move ahead. It is fine. I am simply saying, in response to the question of the discretion, that if we are to leave so much to discretion, it is appropriate we monitor how that discretion is used. That is my simple concluding point. I think it is a relevant one. Again, I thank the Minister of State for accepting amendment No. 2.

I move amendment No. 3: In page 8, between lines 11 and 12, to insert the following: “(3) For the purposes of section 6 , 7 and 8 assisting the entry into or transit across a state does not include the provision by another person, in the ordinary course of his or her business, trade or profession, of a good or service to the person.”.

I move amendment No. 4: In page 11, between lines 6 and 7, to insert the following: “(8) Where a person who produces, possesses or controls a fraudulent travel or identity document does so in respect of a family member, and that person is themselves the object of people smuggling, they shall not commit an offence.”.

Amendments Nos. 4 to 6, inclusive, relate to a core issue. On Second Stage the Minister of State was extremely clear that his intention was certainly not that a smuggled person would end up potentially facing prosecution under this Act, and I know that that is not the intent. I highlighted on Committee Stage the inadvertent risk that, as the Bill was phrased, a smuggled person - specifically, I have highlighted the issue of traveller identity documents, though I know there may be some wider concerns - who has, for …

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 internatio…

I move amendment No. 5: In page 11, between lines 6 and 7, to insert the following: “(8) Where a person who produces, procures, provides, possesses or controls a fraudulent travel or identity document does so in respect of a family member, and that person is themselves the object of people smuggling, they shall not commit an offence.”.

I move amendment No. 6: In page 11, between lines 6 and 7, to insert the following: “(8) It shall not be an offence where a person who produces, procures, provides, possesses or controls a fraudulent travel or identity document does so in respect of a family member under 18, and where that person is themselves the object of people smuggling.”.

I second the amendment.