I recognise this is complex. I am not seeking to create a hierarchy of rights but I am concerned that we have sometimes built in assumptions as to what constitutes non- refoulement . That is really the core of it. That is why I am trying to tease this out. The matter is probably a little wider and relates to the Dublin Protocol. I might seek to engage with the Minister of State on that. It is an issue on which I engaged with the Minister for Justice, Deputy McEntee, when she was responsible for this area. The key c…

No, but I reserve the right to re-introduce it.

I move amendment No. 17: 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 appreciate the Minister of State's engagement and I understand there is separate trafficking legislation. I thank the Minister of State for indicating he will look at the question of outcomes for smuggled persons. The international protection process is one piece but I think it would be appropriate, since we have specific legislation targeting smuggling, that we would be looking to what are the outcomes for smuggled persons. It is important for us to know that and to track that. On a wider level, I will reserve t…

I move amendment No. 18: 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) for smuggled persons identified under this Act, …

I move amendment No. 19: In page 11, after line 40, to insert the following: “ Report on compliance with human rights obligations 11. 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 which steps have been taken to ensure 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 this Act.”. This amendment is…

The amendment refers specifically to “this Act”, so it is not wider and it is only in regard to the aspects of “this Act”. I take the Minister of State's point in regard to amendments Nos. 17 and 18 but amendment No. 19 is specifically on how the Convention Relating to the Status of Refugees is being reflected in the operation of this Act, so it is quite targeted in that it only functions under this Act in regard to smuggling. We discussed further the relationship when power is ceded and when there is an intersecti…

I will press the amendment and I may bring a revised version of it forward on Report Stage.

Yes, I will move and withdraw.

I move amendment No. 21: In page 12, between lines 22 and 23, to insert the following: “(3) Where an enforcement officer exercises functions under subsection (2) , a written report outlining the reasonable grounds upon which such functions were exercised must be submitted to An Garda Síochána or the Minister and a copy of the report must be provided to any court with jurisdiction which hears proceedings in respect of the ship searched under that subsection.”.” This is in regard to amendments Nos. 21 and 23. Very wi…

My concern is that while the laws of evidence may apply in terms of an actual prosecution, we have already stated that cases may arise where there will not be prosecution, particularly in relation to humanitarian actions, actors and search and rescue. The Government has expressed the view and hope that it will not proceed to prosecute in these cases. However, we may have situations where goods are confiscated. In those cases, the question of evidence may not come through in court. My concern is that there could be …

I will press the amendment. Even leaving aside the question of abuse, in general, when we have discretion we should have accountability. It is a thing of trust. Wherever we give discretion, discretionary power or interpretative power, it is good practice to have accountability around how that interpretation and discretion is used. Even in general, we should be aiming higher in this area.

I move amendment No. 22: In page 15, line 11, to delete “or recklessly makes a statement which is false in a material particular”. I know there is concern and Senator Ward is rightly concerned about recklessness in relation to human life. I would support that. We should penalise those who take actions which are reckless in terms of the safety of human life. My concern with this phrasing is that potentially criminalises somebody. The section is outside sections 6, 7 and 8 but it potentially criminalises somebody who…

My concern in this area is particularly strong because the defence, as stated previously, in terms of humanitarian assistance or humanitarian action does not apply to this section. The defence in any proceedings only applies to offences under sections 6 to 8, inclusive, and does not apply to actions taken under this section. This not only concerns making a mistake. Is it regarded as being reckless if a person does not and cannot know people's ages? A mistake is if I misspeak when saying something I know to be true …

I move amendment No. 23: In page 16, between lines 15 and 16, to insert the following: “(17) Where an enforcement officer relies on reasonable grounds as a basis for the exercise of any functions under this section, that officer must submit a written report outlining the reasonable grounds upon which such functions were exercised to An Garda Síochána or the Minister and a copy of the report must be provided to the legal counsel of and to any court with jurisdiction which hears proceedings in respect of the individu…

I move amendment No. 24: In page 19, between lines 15 and 16, to insert the following: “Report on the gathering of data in respect of smuggling 17 . The Minister shall, within 12 months of the passing of this Act and on an annual basis thereafter, lay a report before both Houses of the Oireachtas outlining emerging patterns in respect of the smuggling of persons and what steps have been taken to establish safe passage routes to reduce reliance on or vulnerability to people smuggling.”. This amendment seeks to ensur…

I am of the view that this is particularly relevant. If the intention behind the Bill is to address smuggling, then the drivers of smuggling and the creation of vulnerability to smuggling are relevant. I will press the amendment.

I move amendment No. 25: In page 19, between lines 15 and 16, to insert the following: "Report on search and rescue operations 17. The Minister shall, within six months of the passing of this Act, lay a report before both Houses of the Oireachtas outlining the State’s record and current practice in respect of humanitarian search and rescue in the Mediterranean, including the number of individuals which the Irish Navy rescued in the years 2018 to 2020, future plans or strategies to restore and increase humanitarian …

I accept the point made by the Minister of State. In my earlier contributions I recognised that this area cuts across the Departments of Defence and Foreign Affairs, as well as the Department of Justice, but they do intersect. We have seen a great increase in judicial measures relating to preventing illegal entry. Much attention has been focused on the security aspect. There is a related neglect, and a consequent withdrawal on a European basis, from the humanitarian work which is linked. The Departments are closely…

This Bill had a great deal of scrutiny in the previous Oireachtas. The proposed legislation was championed by former Senator, Terry Leyden. It is an example of good faith legislation and an attempt to improve the lives and deaths of people, and to make those processes better. It has been subject to detailed debate and scrutiny. I have no doubt that it will be subject to further debate and scrutiny, including in the other House. There are provisions that could be tweaked slightly such as the re-registering of new an…