Michael McDowell (Dublin South East, Progressive Democrats)

Action is being taken to combat this crime which my Department and the Garda Síochána take very seriously. The Garda Síochána is proactive in this area and from its intelligence gathering, surveillance and investigations to date, there is no evidence to suggest that trafficking of persons into Ireland for the purposes of sexual exploitation is widespread. To date, Garda operations have uncovered relatively few trafficking cases. The examples cited by Deputy Cuffe show that the gardaí deal properly and appropriately with the cases in question.

In the recently published United Nations report Trafficking in Persons: Global Patterns, Ireland ranks at the low end of destination or transit countries in western Europe. We are, however, still at risk.

Last Friday I published the report of a working group on human trafficking comprising representatives of my Department and the Garda Síochána with regard to the situation in Ireland and the State's response to this issue on a number of fronts, including immigration controls, law enforcement activity, protection of victims and legislation. Last Friday I also launched a poster campaign to assist in addressing trafficking, which is facilitated by Crimestoppers and will help raise awareness of trafficking among the public. It will provide an important point of contact for those who may be victims of, or vulnerable to, this insidious crime.

Members of the Garda Síochána attend relevant international meetings to facilitate the exchange of information and best practice between EU member states, Europol and Interpol and to devise strategies capable of combating immigration-related criminality, including trafficking in human beings. The Garda Síochána has built up a network of bilateral contacts and participates in operations to combat trafficking activity. The Garda also participates in the Interpol working group on trafficking in women and children.

A training programme has been prepared for delivery to key Garda personnel throughout the State to ensure members fully understand the complexity of this phenomenon and ensure victims receive appropriate assistance from all the relevant agencies.

As regards prosecutions, I am glad to be able to clear up some misunderstandings about the ability of the criminal law to deal with trafficking for the purpose of sexual exploitation. An impression may have been given over recent days that a legislative vacuum existed in this country which gives traffickers carte blanche to pursue their evil trade here. Nothing could be further from the truth. We do not as yet have a tailor-made specific offence of trafficking in adults for the purpose of sexual exploitation but we have extensive criminal law provisions which can be used depending on the circumstances of each case that comes to the notice of the Garda Síochána. I wish to clarify that there is no crime that is not prosecutable under our law as it stands.

The Child Trafficking and Pornography Act 1998 creates an offence of trafficking persons under 17 years of age into, through or out of the State for the purpose of sexual exploitation. The maximum sentence on conviction is life imprisonment. Under the Illegal Immigrants (Trafficking) Act 2000 it is an offence to organise or knowingly facilitate the entry into Ireland of a person who is reasonably believed to be an illegal immigrant or a person who intends to claim asylum. In this case the maximum prison sentence is ten years. As the "Prime Time Investigates" programme demonstrated, in all cases of trafficking other offences will be committed, such as rape, sexual assault, assault and false imprisonment. A person cannot be trafficked into Ireland for the purposes of prostitution without the commission of an offence. Successful prosecutions, no matter what legislation is in operation, will depend on the existence of evidence that will stand up in court and for that to happen, persons must be willing to co-operate with Garda investigations.

Legislation creating an offence of trafficking in persons for the specific purpose of sexual or labour exploitation is contained in the draft criminal justice (trafficking in persons and sexual offences) Bill which is at an advanced stage of preparation in my Department and will be published later this year. This Bill will comply with the EU framework decision on combating trafficking in persons for the purpose of their sexual and labour exploitation, to which Deputy Cuffe referred, and will also fulfil the criminal law requirements of two other international trafficking instruments to which he referred. The immigration and residence Bill being prepared in my Department will also contain a number of proposals which will assist in the fight against trafficking.

I recognise that victims of trafficking, who are often highly traumatised by their experiences, require care and protection. The current immigration system in Ireland allows the authorities to deal with these victims in a sympathetic and pragmatic way and they are so dealt with. It is recognised that it is in the interests of both the victims of trafficking and the authorities to co-operate with a view to ensuring the protection of victims and the prosecution of perpetrators. Any necessary assistance is provided to victims, including through the services of the Health Service Executive. Victims of trafficking can also be assisted to return and re-integrate in their countries of origin with the assistance of the International Organisation for Migration.

The issue of Ireland's non-participation in the European Council directive on residence permits for victims of trafficking has been raised. In practice this directive will not require us to do anything which we cannot already do under our existing immigration legislation and practice. I am keeping an open mind on future participation in this directive which will not give us any new powers.

I am equally aware of the recommendations made by CEDAW in July 2005 on the increased levels of trafficking of women across the world. These recommendations are being taken into consideration in the further development of Irish policy and legislation on the prevention of trafficking to which I referred.

As for signing and ratifying the Council of Europe Convention against Trafficking in Human Beings, as I outlined earlier I am taking the necessary steps to bring Irish criminal law into line with the requirements of the convention. I thank the Deputy for raising the issue.

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