Seán Power (Kildare South, Fianna Fail)

I thank the many Deputies who contributed to this debate for their generally positive comments. It is clear that we all share an abhorrence of the evil trade of trafficking in human beings and wish not only to tackle it in Ireland but to contribute to tackling it internationally through police co-operation and heightened awareness.

The provisions of the Bill were generally well received and the debate centred largely on what is not in the Bill. Deputy Clune and a number of others concentrated on that area in their contributions. Their chief concern was the protection of victims. The Minister for Justice, Equality and Law Reform, Deputy Brian Lenihan, mentioned in his opening address that he was adopting a holistic approach to the challenge of dealing with trafficking. I will not repeat in detail how he is giving effect to that policy as it is on the record of the House. This Bill represents one of four strands of a comprehensive strategy to tackle trafficking in human beings. All four strands will develop side by side so that, for example, the establishment of criminal offences, the creation of a more structured scheme of victim protection, and the provision of services to victims will take place contemporaneously.

Our goals in the field of trafficking are to ensure that the criminal gangs involved in this evil trade are put out of business and that victims will have no fear in giving evidence in court, and to ratify the relevant international instruments, particularly the Council of Europe Convention on Action against Trafficking in Human Beings. Before this can be done, the proper structures will have to be in place. Chapter VII of the convention establishes a strict monitoring mechanism for the implementation of the convention by GRETA, the group of experts on action against trafficking in human beings. The evaluation procedure for the parties to the convention may include country visits. That is, as the Minister explained in his opening address, why this legislation alone is not sufficient for ratification of the convention. For this reason he has established a high-level group to recommend the most appropriate and effective response to protecting victims in line with the requirements of the Council of Europe convention. Where legislation is needed, such as in criminal and immigration law, it is being provided, and where administrative measures are required they will also be provided. Deputies can be assured that victims of trafficking will receive all the necessary protection and services that are provided for in the United Nations and Council of Europe instruments on trafficking. If we cannot do that, we cannot ratify these instruments.

Ireland's participation in the police co-operation provisions of the new reform treaty was mentioned by Deputies Naughten, Creighton and Coveney. Ireland has always been positive in terms of building up practical police co-operation between the member states and we have strongly supported the adoption of EU initiatives in this field. These have covered, in particular, improved sharing of information and other operational measures to prevent and detect serious cross-border crime. There will be no change in Ireland's general approach to police co-operation under the arrangements made for Ireland under the new treaty and we will actively pursue our policy of strengthening such co-operation.

The Government attached particular importance to police co-operation when it considered the arrangements to be made for justice and home affairs matters under the reform treaty. This is reflected in the declaration the Government has submitted in connection with the treaty, which specifically states: "Ireland will, in particular, participate to the maximum possible extent in measures in the field of police co-operation". The declaration confirms the importance of police co-operation for Ireland and when it comes to the practical aspects of improving co-operation there will not be any difficulty with Irish participation. The Minister outlined in his opening speech the level of Garda involvement at present in international co-operation to tackle the trade in trafficking in human beings and this will, if anything, intensify over the coming years.

Deputies Rabbitte, Enright and Coveney raised the question of rebalancing the law with regard to supply of and demand for the services of prostitutes, which has also been discussed widely outside the House. Some countries have created an offence of paying for sex. Opinion is divided on whether that policy has been successful. It is accepted by many experts that it reduces street prostitution but that there is a corresponding increase in prostitution via the Internet and mobile phone. The simple truth is that a change in the law does not in itself reduce demand. It re-emerges in other ways. Some reports indicate that demand increases in neighbouring countries, and there are also reports of the phenomenon of "sex ships" or floating brothels in international waters.

A change in law for the purpose of reducing the level of street prostitution would have little impact in Ireland. Public soliciting is already an offence. The offence can be committed by the client or by a third party such as a pimp as well as by the prostitute. Prostitution and being a prostitute are not offences in this country. The offence, as I said, is one of publicly soliciting. In other words, the law makes no moral judgment but simply protects communities from the nuisance caused by public soliciting. We should not assume other countries have better policies than ours.

An allied question raised by Deputy Coveney is whether we should create an offence of having sex with a trafficked person. Such an offence would be impossible to prosecute and could be counter-productive. As mentioned by a number of speakers during the debate, trafficked women are usually kept in circumstances in which they have little contact with persons other than their clients. In such cases a person's best hope of being discovered and freed from the control of traffickers is for a client who suspects that the person has been trafficked to tip off the authorities. However, the client is less likely to do so if he leaves himself open to prosecution. The answer lies in greater public awareness of the sad plight of trafficked persons. The G6 initiative to which the Minister made reference in his opening speech will have four strands of activity. Ireland will lead the strand on awareness and will host an international meeting in Dublin next January.

Finally on this point, any person who has sex with a child, whether trafficked or not, commits a serious offence. Also, if a person has sex with an adult against her will, the crime of rape may have been committed.

I will deal with a number of the other questions and issues raised by Deputies in the course of the debate. Deputy Naughten questioned excluding the press from court proceedings in trafficking cases. The press is not being specifically excluded. Section 10 removes an automatic right of the press to be present which is found in some analogous legislation such as the Rape Acts. The judge will have the power to allow members of the press to be present; it will be at the judge's discretion. The reason the press is not being given an automatic right to be present is that some members of the press from, say, the victim's home country, may wish to be present but their bona fides may be difficult to establish. The significant difference between alleged rape victims and alleged victims of trafficking is that the life of the trafficking victim and possibly that of her family and relatives in the home country may be at risk from persons who would stop at nothing to prevent evidence being given in court.

Deputy Naughten also referred to the operation of the sex offenders register. The register has operated quite successfully since its introduction over six years ago. Unfortunately, there are now over 1,000 names on it. However, after six years it is due for a complete appraisal of its operation and this is now well under way in the Department of Justice, Equality and Law Reform. A new sex offences Bill will almost certainly include several changes to what is more accurately called the notification system.

Deputies Rabbitte and O'Rourke asked if the periods of reflection and recovery would be placed on a statutory basis and the answer is yes, in the forthcoming immigration, residence and protection Bill. Subject to Government approval, Deputies will have an opportunity to examine and debate the Minister's proposals once the Bill is published.

Deputy Naughten said there had been no convictions under the Child Trafficking and Pornography Act 1998 and the Illegal Immigrants (Trafficking) Act 2000. While he is correct that there have been no trafficking convictions under the 1998 Act, there has been a recent conviction under the 2000 Act.

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