Ireland was better than Operation Sophia because we saved 17,000 lives when we were operating bilaterally with our own ship. When we joined Operation Sophia that figure was reduced but there was still search and rescue carried out. All of this relates to a European directive so it is not us on our own. It is exactly as was said on the question of prosecutions and of a chilling effect. All of those are speaking not simply to what might happen in Ireland but also to how this directive and law is being interpreted acr…

This comes down to a very large transfer of responsibility for the policy outcome that we wish to achieve towards the discretion of prosecution. If we believe that as an outcome, persons engaged in humanitarian actions should not be prosecuted for an offence, and if that is what we are hoping will happen, we should reflect that in the legislation rather than hoping that will come out from the process. If, even having removed the for-profit piece, the burden of proof is now to be placed on those being potentially ch…

Can I-----

It was my oversight. I forgot that I had not proposed in this instance.

I move amendment No. 8: 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 14 where the person engaged in conduct alleged to constitute an offence under section 6, 7 or 14 — (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 t…

I move amendment No. 9: 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 th…

I move amendment No. 10: In page 11, between lines 6 and 7, to insert the following: “Protection from prosecution 9. Where a person can demonstrate to a level of reasonable satisfaction that they have engaged in conduct alleged to constitute an offence under section 6 or 7 for humanitarian purposes, that person shall not be liable for prosecution for said conduct.”.

I move amendment No. 11: In page 11, to delete lines 8 to 11 and substitute the following: “9. (1) It shall not be an offence under sections 6, 7 or 8 where a person engaged in behaviour alleged to constitute an offence under those sections—”.

I move amendment No. 12: In page 11, after line 40, to insert the following: “Protection of smuggled persons from prosecution 11. A person who has been the object of people smuggling and derives no financial benefit from people smuggling shall not be liable for prosecution under any provision of this Act.”.

I feel terrible because we did not get to tease out some really important points on the last amendment. This amendment again relates to the protection of smuggled persons. These two issues are constantly entwined because we are coming to the protection of the humanitarian worker and the protection of the smuggled person. The purpose is to ensure that we do not have wrongful prosecution - a prosecution which creates a chilling effect on the humanitarian actor or creates a further damage or harm to the smuggled perso…

Some tightening may be needed here because there is vulnerability. As I said, the impact is not simply on the person who might face prosecution but on his or her whole family unit, and that is what needs to be protected here. Again, as my colleague articulated it very clearly, the rationale originally for having the criteria of for profit or for financial benefit was that the original legislation and directives were seeking to create a balance. This balance the Minister of State is speaking about now is tilting it …

I move amendment No. 13: In page 11, after line 40, to insert the following: "Protection of smuggled persons from prosecution 11. A person who has been the object of people smuggling and derives no financial benefit from people smuggling shall not be considered to have committed an offence under any provision of this Act.".

I move amendment No. 14: In page 11, after line 40, to insert the following: "Report on operation of the Act 11. The Minister shall, on an annual basis following the passing of this Act, lay a report before both Houses of the Oireachtas detailing— (a) the estimated number of victims of human trafficking identified under this Act, the methodology used to produce the estimate and potential alternative methods of estimation which may produce a more accurate result, (b) a summary of the outcomes for smuggled persons id…

I move amendment No. 15: In page 11, after line 40, to insert the following: "Report on operation of the Act 11. The Minister shall, on an annual basis following the passing of this Act, lay a report before both Houses of the Oireachtas detailing— (a) the number of prosecutions not pursued due to a humanitarian defence, (b) the number of prosecutions pursued where a humanitarian defence was employed, and (c) any impact which this Act may have had in respect of the level of engagement of humanitarian organisations i…

I move amendment No. 16: In page 11, after line 40, to insert the following: "Report on training 11. The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining— (a) the training provided to frontline staff involved in the identification of smuggled persons, (b) measures which may be taken to improve such training in particular in relation to the provision of supports that a smuggled person may need in order to exercise their rights under internationa…

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, dealing with smuggling and other issues. In terms of the issues that were identified as problems, to be honest, prosecutions and successful prosec…

The review the Minister of State has mentioned may be an opportunity for engagement on these issues. This is something that needs to be looked at. As my colleague outlined, we know that things are not working as they should at the moment. I look forward to engaging with the Minister of State on that review. The training component is pressing, as we know, and we need that, regardless of the review. It would be good to see that happening and to know it would be happening. As the Minister of State mentioned, there are…

I move amendment No. 17: In page 11, after line 40, to insert the following: “ Report on identification of smuggled persons 11 . The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas setting out proposals to strengthen the identification of smuggled persons and the potential for human rights experts from non-governmental organisations to assist in identification and support of smuggled persons.”.

I move amendment No. 18: In page 11, after line 40, to insert the following: “ Review of operation of Act 11 . The Minister shall, within 12 months of the passing of this Act, lay a report before both Houses of the Oireachtas reviewing the operation of this Act, with such a review to include— (a) outcomes for smuggled persons, including the number of smuggled persons identified and the number who have sought and the number who have been granted international protection, (b) an examination and any evidence of whethe…

I thank the Minister of State for his engagement. I urge him to reflect further on where the balance might be. If we are going with what I regard as the risky strategy of relying on prosecutorial discretion, I suggest that we put measures in place to track how that pans out. I also recommend a review. The review we proposed had a number of caveats but there is nothing to stop the Minster of State from putting in an amendment providing for a review with those factors considered. I know there will be a post-enactment…