Amnesty International has welcomed new legislation aimed at tackling human trafficking but said it falls short in the protection and support of victims.
The Criminal Law Human Trafficking Bill, unveiled earlier today by the Minister for Justice, gives expanded powers to gardaí to investigate cases of human trafficking.
However, the new legislation does not contain detailed provisions to support and protect victims, apart from guaranteeing the right to anonymity for those who testify in court against the trafficker.
Questioned as to whether victims of the crime would automatically be considered immune from prosecution for other misdemeanours, such as entering the country illegally, Mr Lenihan said it would not be possible to guarantee immunity and that such matters would be at the discretion of the Director of Public Prosecutions.
Amnesty said it welcomed the anonymity provision of the legislation and the proposal to exclude members of the public from proceedings where publicity might place trafficking victims or their families at risk.
Fiona Crowley, research and legal manager for Amnesty International Irish Section, said: "At present, trafficking, other than of children under 16 years of age for the purposes of sexual exploitation, is still not specifically criminalised, and this situation is in urgent need of correction."
Amnesty also called for legislative protection for victims to include the right to remain in the State for a 30-day minimum reflection period, and short-term residency where necessary for a victim's safety or co-operation with criminal investigations.
"If the Government fails to legislate clearly and expressly for protective measures for victims, victims will not come forward to the authorities," she added.
"Unless the Government invests in a strategy to identify the scale and nature of the problem, it will remain hidden," said Ms Crowley.
Announcing the new legislation earlier today, Mr Lenihan acknowledged criticism of the Government's delay in introducing it.
But he said it was not the case that Ireland did not already have legislation to tackle trafficking offences, insisting that "contrary to comment, it is possible under existing law in many instances to prosecute persons for trafficking offences".
However, Mr Lenihan said he was anxious to ensure the legislation is enacted as soon as possible to expand the powers of the gardaí to investigate such cases and promised legislation aimed at helping victims would be introduced at a later stage.
Under the new law:
- powers to prosecute for child trafficking for the purpose of sexual exploitation have been greatly expanded,
- gardaí will have the power to prosecute child trafficking for the purposes of labour exploitation and organ removal,
- sale or purchase of humans of any age, regardless of type of exploitation, are covered, and
- victims of trafficking will be guaranteed anonymity during court proceedings.
The new legislation also changes the maximum jail sentence for human trafficking offences from 14 years to life imprisonment.
The Minister said there was no evidence of a substantial human trafficking problem in Ireland, and that reports of 200 cases of the offence last year were just "anecdotal".