When we started this debate last week, reference was made to 39 Vietnamese men, women and children who died horrifically in trucks in Essex two years ago. Reference was made, going back further, to the tragedy in Wexford. On the night of last week's debate, the Minister of State delicately told us about the tragedy unfolding in the English Channel. I was somewhat flummoxed by that and I was also rushing, so I am glad to have a chance to come back to the debate tonight. I referred to figures from the migrant project…

I think it has to be done because the Minister of State is under pressure and he has to have it completed by the end of the year. That is why it has to be done. I do not think five to eleven at night time is an appropriate time to tease out the nuances of this legislation. It should have been done at the relevant committee, with submissions from the various organisations involved to help in tease the matter out. I am left with no choice but to press an amendment. If the Minister of State tells me it is imperfect, I…

We have no experts before us to tease out these matters.

The Minister of State said that apart from 19 countries only seven countries have brought in the exemption. The Minister of State has not brought in an exemption; he has brought in a defence. That is the whole issue. I mentioned France but France has not brought in this measure in a perfect way at all. There are issues around it, but it has brought it in. Some parts of it are good. I agree with what Deputy McNamara said. I am aware of the Minister of State's bona fides on this, and I am not attacking him personally…

No, that is not correct. If we take-----

It is far from that. I did not quote France as a wonderful example. I quoted it as a limited example, referred to in different documents that I have read as one case where they allowed for an exemption in certain circumstances. A question has been raised and I will go back to what the Irish Human Rights and Equality Commission said, as opposed to the European Commission. In its submission the Irish Human Rights and Equality Commission said, "The Commission recommends that further consideration should be given to re…

I move amendment No. 2: 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…

I move amendment No. 3: 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. 4: 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. 5: 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 in…

Okay.

This is a very basic amendment and I would think the Minister of State would accept it. It is a factual amendment and we are asking that on an annual basis, the Minister would lay a report before both Houses of the Oireachtas detailing "(a) the number of prosecutions not pursued due to a humanitarian defence". I will come back to this, as it speaks to the matter that the Minister of State has spoken to. The report would also detail: (b) the number of prosecutions pursued where a humanitarian defence was employed, a…

I am not alone in being tired because it is late at night but I am speechless at the idea that the Minister of State cannot accept this amendment, given his bona fides and the arguments put by him that humanitarian organisations would not be prosecuted. He has argued that no Director of Public Prosecutions, either a he or a she, would ever see fit to have a prosecution in the case of a person acting for humanitarian reasons. That relates to paragraph (a) of the amendment, which specifies those who are not prosecute…

I must now deal with a postponed division relating to the motion on the Horse and Greyhound Racing Fund Regulations 2021. On Tuesday, 30 November 2021, on the question, "That the amendment to the motion be agreed to", a division was claimed and in accordance with Standing Order 80(2), that division must be taken now.

Seanad Éireann has passed the Criminal Justice (Amendment) Bill 2021 without amendment.

The Select Committee on Social Protection, Community and Rural Development and the Islands has completed its consideration of Vote 37 for the year ending 31 December 2021.

Before we begin, I will read out the note on health and safety for all Members. Members and all in attendance are asked to exercise personal responsibility to protect themselves and others from the risk of contracting Covid-19. Members are strongly advised to practise good hand hygiene and to observe the chequerboard seating arrangement. They should also maintain an appropriate level of social distancing during and after the sitting. Masks, preferably of a medical grade, should be worn at all times during the sitti…

We are moving on.

Go raibh maith agat, Taoiseach.

We are over time and I am moving on. The next speaker is Deputy Pringle of the Independent Group.