Terence Flanagan (Dublin North East, Fine Gael)

I welcome the publication of this badly-needed legislation. It is hard to believe that Ireland is the only country in the European Union which has not yet legislated for human trafficking but this Bill represents a move in the right direction. The primary purpose of the Bill is to create offences criminalising trafficking in persons for the specific purposes of their sexual or labour exploitation or the removal of their organs.

Human trafficking is a modern day form of slavery, as other speakers have argued and is the third largest source of income for organised crime, after trafficking in drugs and arms. Given the secret nature of the crime, the amount of trafficking known about may only be a fraction of the real amount taking place. Some 100,000 people are trafficked into Europe every year and forced to work as prostitutes, which is a serious and deplorable situation. If people see a young girl or boy hanging around a hotel lobby and their intuition tells them something is wrong, they should report it immediately to the local police station. I would be grateful if the Minister will clarify whether those reporting suspected human trafficking can be assured of confidentiality. Will they be able to report incidents by dialling a dedicated telephone number rather than a Garda number or by logging onto a specific website?

Ruhama is an Irish non-profit organisation involved in the provision of outreach services to women engaged in prostitution and other forms of commercial sexual exploitation. It operates in a spirit of empathy, respect and compassion. Ruhama also offers development services for women including computer training, employment training support, personal support and counselling. Awareness training and advocacy is a growing component of its work. Ruhama reported that up to the year 2006 it was aware of 200 women who had been trafficked into Ireland for the purposes of prostitution, 132 of whom were assisted by the organisation. Of that group, 73% were originally from eastern Europe, 21% from Africa, 4% from south America and 2% from Asia. There were 23 new cases of assistance to trafficked women in 2005 and 18 in 2006. It would be remiss of me not to state my appreciation of those volunteers who do such great work for Ruhama. Will the Minister look on that organisation favourably regarding funding for its future needs?

Kathleen Fahy, a director of Ruhama, said in a recent press release that Ireland must face up to the reality that women are being trafficked into the country for the purposes of prostitution and that effective legislation must be put in place to deal with this horrific crime. She also said that trafficking is well organised, subtle and brutal and requires a national vice squad to deal with the issues effectively. Are there plans to establish such a squad?

The problem of trafficking is not confined to Dublin. In 2005, 25% of trafficked women who were assisted by Ruhama were located outside Dublin. By 2006, this had increased to 40%. All of 16 women assisted to date this year have been referred to Ruhama from outside Dublin. Neither the Illegal Immigrants (Trafficking) Act 2000 nor the Child Trafficking and Pornography Act 1998 have resulted in a single prosecution for the crime of trafficking, even though individuals have been arrested and charged. This is in contrast to other countries where there have been up to 7,000 prosecutions in 20 countries with 3,000 convictions. Unfortunately, Ireland does not have strong legislation in place to allow for successful convictions. Hopefully, the publication of this Bill will address all the issues involved.

In 2004, Italy led Europe in recognising the need to protect victims of trafficking. Some 1,940 victims, including 118 children, received assistance under social programmes. In Ireland, the system for protecting victims is ad hoc, sometimes it is offered by non-governmental organisations such as Ruhama. The Garda National Immigration Bureau also assists on a case-by-case basis. There is, however, no co-ordinated multi-agency response to assist victims of trafficking.

Ireland has signed but not yet ratified the UN trafficking protocol which was opened for signature in 2000. It urges states to protect and assist victims of trafficking with full respect for their human rights. Ireland has not ratified the UN optional protocol for the Convention on the Rights of the Child. The Irish Refugee Council believes Ireland should sign and ratify the Council of Europe Convention on Action against Trafficking in Human Beings. While Ireland has not even signed this convention, ratifying it would place an obligation on the State to address the issues relating to trafficking.

As recognised in this convention, trafficking is a violation of human rights and an offence against human dignity and integrity. The convention requires those states that become parties to take measures individually and collectively to prevent trafficking, to prosecute those responsible for trafficking and to take specific measures to protect and respect the rights of trafficked persons.

It is estimated that between 700,000 and 4 million women and children are moved across international borders each year. The profits to be made are similar to those in the illegal drugs and arms trade. The International Organization for Migration estimates that trafficking in humans is worth $8 billion annually.

Ireland is not immune to international trends and should be proactive in addressing this relatively new phenomenon. Some recent examples as reported in the media are disturbing. In May 2004, The Irish Times reported the case of an 18 year old eastern European woman who had come to the attention of gardaí when they were called to a house in Dublin. She was admitted to hospital as she had been beaten by a man who had held her at the house. He had forced her to have sex with 200 men and it subsequently emerged she was six months pregnant by him. She informed the Garda she had been taken by bus to Spain to be given a false Italian passport and trafficked to Ireland.

In September 2005, The Irish Times reported the case of a 16 year old east African woman who came to the attention of gardaí in County Louth after she was held captive in a house and abused. She had been taken from her home village in Africa at 12 years of age and inducted into sex slavery in different countries before being trafficked into Ireland. The girl recollected being trafficked through at least two airports. In April 2006, The Sligo Champion carried a report of a 17 year old west African girl who came to the attention of gardaí while working as a prostitute in the Sligo area. It subsequently came to light she was a minor and had been trafficked to a country specifically for the intention of being exploited by an organised prostitution ring.

In September 2006, the Irish Examiner carried a report about a north African minor who had been rescued from a brothel by gardaí and was put into the care of the HSE. Without adequate supervisory staffing, she unfortunately went missing from the centre in days.

One of the Irish Refugee Council's recommendations is that Ireland should sign the Council of Europe Convention on Action against Trafficking in Human Beings and the protocol to prevent, suppress and punish trafficking in persons. The council also recommends that Ireland should ratify the optional protocol to the Convention on the Rights of the Child and the sale of children, child prostitution and child pornography. The upcoming immigration, residence and protection Bill must include the provision for the immediate granting of visas to victims of trafficking on humanitarian grounds. Legislation which is being drafted to prosecute traffickers must be enacted as soon as possible.

Victims of trafficking should be advised of the asylum process and the Office of the Refugee Applications Commissioner should adhere to recent UNHCR guidelines when determining the status of a victim of trafficking as gender persecution. Immigration and refugee status should not be based on the victim assisting investigations by the Garda National Immigration Bureau. The Department of Justice, Equality and Law Reform must fund assistance programmes and safe accommodation centres for victims of trafficking. Ireland must take measures to address the disappearance of trafficked and exploited children from accommodation centres. A social worker must be based at points of entry to identify vulnerable children entering the country.

The offences set out in sections 3 to 5, inclusive, will be punishable by a maximum prison sentence of life, which is to be commended. Sections 10 and 11 provide a power to exclude persons from the courts during proceedings in trafficking cases and to guarantee anonymity. An amendment to section 12 of the Criminal Evidence Act 1992 provides that an alleged trafficking victim will be able to give evidence via a live television link either from Ireland or abroad.

Poverty and lack of economic opportunity make women and children potential victims of traffickers associated with international criminal organisations. They are vulnerable people who are given false promises of job opportunities in other countries. Many of those who accept such offers from what appear to be bona fide sources find themselves in situations where their documents are destroyed, both they and their families are threatened with harm and if they are bonded in debt they have no chance of repaying. While women and children are particularly vulnerable to sex trafficking, human trafficking is not limited to sexual exploitation. It also includes persons who are trafficked into forced marriages or into bonded labour markets such as sweatshops, agricultural plantations or domestic service.

The prevention of human trafficking requires several types of intervention. Some are of low to moderate cost and have immediate impact, such as awareness campaigns that allow high risk individuals to make informed decisions. Strong laws need to be enforced as an immediate deterrent, however, although serious law enforcement is expensive. Nonetheless, as the saying goes, an ounce of prevention is worth a pound of cure. According to Family Health International, FHI, in 1999 a number of programmes in Asia had begun to address the causes of trafficking in women. One of Thailand's responses was to focus on the source of demand for trafficked services such as the clients of underage sex workers. Through the impetus and lobbying of its National Commission on Women's Affairs, NCWA, Thailand was the first country in the region to pass laws that imposed greater penalties on customers rather than sellers involved in commercial sex with underage partners. Application of the law has been light, but it is the basis for future enforcement. The NCWA is also trying to change male sexual norms through a national poster campaign, with messages showing a child saying, "My father does not visit prostitutes".

In China the State Council, local party commissions and government agencies attach importance to combating human trafficking. In provinces infested with crime leading functionaries from the police, the office of the procurator, the courts, civil departments, media, schools, women's federations, trade unions and the Communist Youth League each play a role in combating trafficking. Women's organisations help government agencies by creating awareness among illiterate women who are most vulnerable as regards trafficking. Seminars and training courses are sponsored by those organisations to raise awareness as regards laws and policies against trafficking. Printed materials such as the anti-trafficking manual prepared by the All-China Women's Federation and the Ministry of Justice are also distributed to women.

Awareness campaigns are used to advise citizens in America of the threat of human trafficking. Perhaps the Minister might consider such initiatives for Ireland. The "Be Smart, Be Safe" brochures describe the tactics criminal gangs use to coerce and traffic women, the risks of trafficking, what women can do to protect themselves against illegitimate groups, victims' rights and how women can get help in the United States. Through its global television campaign on human trafficking, the United Nations Office for Drug Control and Crime Prevention warns millions of potential victims about the dangers of trafficking.

I agree with Amnesty International, which welcomed the publication of this Bill, but expressed concerns about the lack of measures to support and protect the victims of trafficking. I welcome, too, the fact the Minister is recognising victims of human trafficking for the first time and offering them anonymity in court, which is certainly unprecedented in Ireland. The Bill, however, must deal with the fact that those who are trafficked can still be jailed or deported. Last week an NUI Galway report highlighted the case of a trafficked woman being picked up by gardaí and sent to Mountjoy jail. That is completely wrong and the Minister should not be criminalising victims. I read in the media recently about a joint policing initiative between Ireland and Britain to combat human trafficking. It will involve co-operation and the sharing of information and intelligence as well as shared initiatives for the training of officers. This is obviously in response to growing evidence that people are being trafficked into the UK via Irish ports such as Rosslare. Recently, a Welsh Assembly report on trafficking referred to Ireland being used as an access route into Wales. This is very disturbing. That accusation follows a BBC interview with a Bulgarian criminal who openly admitted that gangs frequently use Ireland as the easy access route into Britain to avoid security checks in British ports. We need to close that loophole and not be seen by international traffickers as an easy target.

In conclusion I very much welcome the Bill and look forward to the imminent prosecution of those involved in trafficking people into our country. They are not being sufficiently prosecuted at present and while the legislation is going in the right direction, much more will have to be done as well, particularly as regards awareness campaigns, a Garda vice squad etc.

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