Exploitation and visa abuse case
Michael McNamara raised a case involving a man allegedly defrauded by an agency promising Irish work permission, and then criticised delays after a High Court judgment on the matter. The Taoiseach said the Government was reviewing the case, that rules must be enforced, and that the Minister would respond after considering the judgment.
I thank the Ceann Comhairle. I wish to bring to the attention of the Taoiseach a worrying trend that has come to my attention and give one example of it.
It concerns a young man from the Indian subcontinent who travelled to the United Kingdom on a valid student visa issued by the UK Government. That visa allows him to work for ten hours a week only. He obviously hoped to work much more. He went to an agency in the UK which told him it could get him full employment permission in Ireland and arrange travel and a work permit. The agent took £1,500 sterling from him and retained his passport in order that he would pay an additional £1,000 when he started to work. It arranged his travel to Liverpool and from there a ferry to Belfast. He travelled from there to Dublin. He was given the Eircode and postal address of his employer. He turned up there to find it was the International Protection Office, IPO, in Dublin.
He obviously did not know that he was being sent to the IPO. He was one of five travelling in a similar way organised by the same agents on the same day. He knows of 30 more people sent to Ireland by that agency in the same way. He is now in Ireland. He is trying to get out of the asylum system and return to the United Kingdom. He does not have his passport.
It is clear that vulnerable people in a precarious position are being horribly exploited by bad actors. However, it is equally clear that our State is being exploited by those bad actors. While the Punch and Judy show the Government is engaging in with the UK authorities is all well and good, I want to know what the Taoiseach can do and what hope there is of international co-operation to resolve this. If I know anything of the underworld in which these agents, these people traffickers - let us call them what they are - operate, it is that it if there is one agency doing it in London, there are many doing it in London.
The Taoiseach often talks of a rules-based system. Last week the judgment of 22 March came to light. It came to light that none of the rules around the sex offenders' register was applied. The Department of Justice was informed by UK authorities of a sex offender and effectively did nothing until the matter was about to come to trial. We accept there are rules but the rules are simply not being applied. The Department of Justice is the lead agency for the security of this State and for public safety but it seems unable to apply its own rules. We can talk about a rules-based system all we want. If those rules are not being applied, they are essentially irrelevant. The public at large, not just in this State but unfortunately bad actors in other states, are cottoning on to that. We have a problem.
Comment on this
I thank Deputy McNamara for raising two important matters and giving me an opportunity to respond. In relation to the first one, which is a very serious matter, the Government's response to this is to pass the Criminal Law (Sexual Offences and Human Trafficking) Bill. Of course, not knowing the specifics of the individual case raised, but taking it as an example of a broader issue, we saw the Criminal Law (Sexual Offences and Human Trafficking) Bill passed in the Dáil in recent days. It is now moving forward into the Seanad. As the Deputy knows, as a person who participated here, this will put a revised national referral mechanism on a statutory footing, making it easier for victims of trafficking to come forward to be identified and to access supports. This shows how serious this country, on a legislative basis, wants to take the issue of human trafficking because the issue highlighted is indeed extremely important. We saw some progress in relation to Ireland's rating in the Trafficking in Persons report. It is nothing to write home about. We have a lot of work to do in relation to this situation. However, in 2022 we saw some positive progress made in relation to that between the legislation being brought forward by the Minister, Deputy McEntee, which will go through the Seanad, and also the human trafficking strategy. I want the Deputy, the individual he mentioned and anybody seeking to exploit Ireland to know that this is an issue we will and do take extraordinarily seriously. There is also very significant collaboration between An Garda Síochána and Europol and Interpol and, of course, police forces in the UK as well. If the Deputy wants to give me any more specifics in relation to that case, I will be happy to pursue that as well. We have seen some examples of convictions that show signs of progress.
In regard to the second part of the question, I have noted the Deputy's comments and I have read some of his questions in relation to this in public media in recent days. I accept his bona fides in raising an important issue on which the Minister wants, and indeed has sought, answers.
I need to slightly push back on the assertion with regard to the Department of Justice because I am informed that what we do know is that the details of an individual's criminal record were transmitted from the International Protection Office, IPO, of the Department to An Garda Síochána at the time of its original receipt from the UK authorities.
I am happy to allow the review to do its business. It is quite appropriate that the Minister wants to ensure the loop is closed with regard to this because we do actually have a strong legislative basis. It is very clear that anyone who comes to Ireland who has been convicted of a sex offence abroad must register.
I should also be cautious in what I say because there could potentially be criminal proceedings with regard to any hypothetical case. The law of the land is very clear regarding the obligation on any individual who is convicted of a sex offence to register and there are criminal sanctions should that person choose not to do so.
Therefore, what the Minister is seeking, and I fully support her in this regard, is clarity on this case and, indeed, any other cases like this. I know the Deputy tabled some questions today and the Minister will respond to him in that regard. However, I am satisfied that this matter is being taken seriously and that we have a firm rules-based system. We always have to keep on striving to do better. We all share that view right across government. Rules are in place. Rules need to be enforced and need to be seen to be enforced. Every person who enters this State does go through the Schengen information system, SIS, check. The SIS check is a centralised secure database used by European countries for maintaining information on what they call alerts.
Comment on this
I transmitted those questions this morning, having previously transmitted them yesterday morning and I am awaiting a response. I, too, am satisfied that we have lots of rules and legislation and even more legislation all the time. However, I am not happy that they are being applied because they are not. This is an instance in which they were not.
When it was raised in the public media last week, we were told there was a review. However, the judgment was handed down. It is not me raising a concern. The High Court stated:
It cannot be overlooked that information relating to ... [the] conviction for a sexual offence was in the possession of the Minister's agents since October, 2021 without steps being taken [...] I am troubled that this fact has not come to light sooner given the purpose of maintaining a sex offenders register as a safety and control measure ...
That judgment was handed down and was delivered to the Minister on 22 March. When was that review requested? When did that review commence? Who was appointed to carry out that review? Can we see the terms of reference of that review or was that review something that was just rustled up? I hope it was not. Was it just rustled up last week in response to press queries?
Comment on this
That would be entirely unacceptable.
Comment on this
We do have rules. Rules are enforced and need to be seen to be enforced. On occasions where there are any questions with regard to that, it is important that we can quickly move to clarify that situation.
Comment on this
There was a judgment given. Having been a Minister in Departments, I know that when judgments come in, they are generally considered and then advice is given, and the next steps are taken. My understanding is that the review was sought by the Minister last week. The Minister will respond-----
Comment on this
Last week after it appeared in the media-----
Comment on this
That is two months after the judgment was handed down. The Taoiseach is not serious about this at all.
Comment on this
The Deputy was late turning up for his question and now he is shouting me down. He might just give me a moment here because these are serious matters.
Comment on this
I thank the Deputy. I was here to answer his question. When the High Court makes comments, Government Departments take them very seriously. Government Departments then appraise what action needs to be taken and advise the Minister. The Minister made the decision quite rightly to seek a review into this matter. She wants that review to provide clarity with regard to this specific case. That is important because I do not believe some of the information the Deputy mentioned in good faith is accurate. I believe that information was transmitted from the IPO to the Garda. Therefore, the review regarding the case is important. However, the Deputy's secondary point is one I think we would share.
Comment on this
A review with regard to learning and making sure this has not happened in any other cases is also important.
Comment on this
Only after it appeared in the media.