Máire Hoctor (Tipperary North, Fianna Fail)

On behalf of the Minister for Justice, Equality and Law Reform, I thank the Deputy for raising this matter on the Adjournment. I assure him that I share his concern and that of all right thinking people that the heinous crime of human trafficking should be tackled effectively and that suspected victims of human trafficking should be helped and treated appropriately.

The Criminal Law (Human Trafficking) Act 2008 has been fully operational since 7 June 2008. This legislation criminalises the trafficking in children and adults for the purposes of their sexual or labour exploitation, or the removal of their organs. It also makes it an offence to sell or offer for sale, or to purchase or offer to purchase, any person for any purpose. Penalties of up to life imprisonment apply in respect of these offences. It is not a defence for the trafficker to argue that the person consented to the commission of any of the acts.

It is also an offence under this Act for a person to solicit a trafficked person for the purposes of prostitution where the person soliciting knows, or has reasonable grounds for believing, that the person has been trafficked. The soliciting can take place anywhere, in public or in private. Any person who accepts or agrees to accept any kind of payment in exchange for the prostitution of the trafficked person will also commit an offence. Fines of up to €5,000 and 12 months' imprisonment apply on summary conviction, and an unlimited fine and up to five years' imprisonment if a person is convicted on indictment.

In addition to this comprehensive criminal legislation and also with effect from 7 June 2008, recovery and reflection periods of 45 days — which were recently increased to 60 days — were introduced for potential victims of trafficking. Where the victim is willing to assist the Garda Síochána with an investigation or prosecution concerning the alleged trafficking, periods of temporary residency permission of up to six months renewable were introduced. The recovery and reflection and temporary residence provisions were introduced on an administrative basis, pending the enactment of the Immigration, Residence and Protection Bill later this year, when such provisions will be put on a statutory basis.

As well as these legislative measures, the Government has introduced a number of administrative measures to ensure an effective and comprehensive response to human trafficking. An interdepartmental high level group with representatives from key Departments has been established to recommend the most appropriate and effective policy responses to human trafficking to the Minister. An anti-human trafficking unit has been established in the Department to ensure that the State response to trafficking in human beings is co-ordinated, comprehensive and holistic. A key element of this strategy is the development of a national action plan to prevent and tackle trafficking in human beings to be approved by the high level group and submitted to the Minister.

From the beginning, the Government has adopted a multidisciplinary partnership approach to tackling human trafficking in Ireland. Representatives from the interdepartmental high level group and the anti-human trafficking unit engage with NGOs and international organisations in a round table forum held about every four months. In addition, five interdisciplinary working groups — made up of representatives from the relevant Government agencies, NGOs and international organisations — are working to progress matters on a range of issues. These include the development of a national referral mechanism, awareness raising and training, child trafficking, labour exploitation issues and sexual exploitation issues, and in turn to report to the high level group. In total, 34 different State, international and non-governmental organisations are involved in this process.

The Garda Síochána has placed particular importance on ensuring that its members receive training which will equip them to tackle the phenomenon of human trafficking. Some 250 members of the Garda Síochána, including members from each Garda division, have completed a continuous professional development training course entitled "Tackling Trafficking in Human Beings: Prevention, Protection and Prosecution". In addition, 520 probationer gardaí have received awareness training as part of their final phase of training.

It is not appropriate for the Minister to comment on the outcome of a court case in which the person referred to by the Deputy was involved.

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