Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 1:

To delete all words after "Dáil Éireann" and substitute the following:

"— welcomes the establishment of a dedicated Anti-Human Trafficking Unit in the Department of Justice, Equality and Law Reform prior to the enactment of the Criminal Law (Human Trafficking) Act 2008, which involves wide-ranging consultation with governmental, non-governmental and international organisations and the establishment in 2009 of a dedicated Human Trafficking Investigation and Co-ordination Unit in the Garda National Immigration Bureau;

— welcomes the penalty provisions in the Criminal Law (Human Trafficking) Act 2008, which go beyond the minimum period provided for in international instruments;

— welcomes the Minister's decision to alter the Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking and the provisions in the Immigration, Residence and Protection Bill to increase the provision of a 45 day recovery and reflection period to a 60 day period for recovery and reflection as a precursor to a six months temporary period of residency in the State, which is renewable;

— notes that the 60 day recovery and reflection period goes beyond the minimum period of 30 days provided for in the Council of Europe Convention on Action Against Trafficking in Human Beings and is longer than that offered by many EU Member States;

— welcomes the publication in June 2009 of the comprehensive National Action Plan to Prevent and Combat Trafficking in Human Beings in Ireland 2009-2012 which was prepared under the auspices of a High Level Group and provides a blueprint for the State's response to human trafficking;

— acknowledges the range of legislative and administrative supports and services in terms of health care, legal services, anonymity, giving of evidence by video link etc. which have been put in place to assist potential and suspected victims of trafficking;

— recognises that the Reception and Integration Agency has a wide range of accommodation available in which the needs of victims can be addressed;

— acknowledges that the Garda Síochána is the sole authority within the State vested with the power to undertake an investigation into a claim that an offence of human trafficking has been perpetrated and having regard to such powers reaffirms that the Garda Síochána is the appropriate authority to consider if there are reasonable grounds for believing that an offence may have been committed;

— acknowledges the deployment of Garda resources is a matter for the Garda Commissioner based on his professional assessment of the operational requirements;

— commends the concerted efforts of the Garda Síochána in regard to the provision of training, the identification and protection of victims and in the determined fight against trafficking in human beings in Ireland and notes the progress being made in this regard;

— acknowledges the supporting role that organisations and individuals engaged in this area can provide to potential victims of human trafficking; recognising the importance of those organisations in encouraging and supporting such persons when engaging with the state authorities to assist in the fight against human trafficking and in supporting early identification of potential victims of human trafficking;

— recognises the provision in the Criminal Law (Human Trafficking) Act that made it an offence to solicit a trafficked person, in any place, public or private, for the purpose of prostitution;

— notes that the Report commissioned by the Immigrant Council of Ireland, entitled 'Globalisation, Sex Trafficking and Prostitution - The Experiences of Migrant Women in Ireland' has been referred by the Minister for Justice, Equality and Law Reform to the Anti-Human Trafficking Unit of his Department for examination; and

— welcomes the ongoing review by the Minister for Justice, Equality and Law Reform of the laws on prostitution including monitoring the operation of prostitution laws in other countries so that any changes to those laws which might be proposed in Ireland would be in the best interests of society."

I thank the proposers of the motion, which gives us a good opportunity to discuss an important issue. It also gives us an opportunity to take stock of our position in the aftermath of legislation that was passed by this House only 17 months ago. Reading the motion put forward by Fine Gael Deputies, there seems to be a lack of awareness regarding the measures which have been taken by the Government in the past 17 months, and before that when preparing the legislation.

The Government has taken a very firm stand against trafficking in human beings by putting in place a wide range of legislative and administrative measures in terms of prevention, protection and prosecution. The position that is being put forward is that the State is doing little to tackle this most serious of human rights abuses or that the measures being taken are not the correct ones. I can state emphatically that this is simply not the case.

A dedicated anti-human trafficking unit was established in my Department in February 2008, prior to the enactment and commencement in June 2008 of the Criminal Law (Human Trafficking) Act 2008 which provides for penalties of up to life imprisonment. The unit works closely with more than 50 governmental, non-governmental, international and other organisations nationally and internationally to co-ordinate a comprehensive, holistic and "whole of Government" response to the issue of human trafficking. A key element in assisting the unit in fulfilling its role is the work being done in the range of interdisciplinary consultative fora which are in place since mid 2008. These fora include State agencies, non-governmental and international organisations which make recommendations to a high level interdepartmental group, which reports to me.

In addition to a round-table group - I attended one of these round-table meetings last year to hear the issues first hand - there are five working groups made up of expert representatives from the state agencies, NGOs and international organisations which meet regularly to identify and address issues at a real and practical level. The groups deal with awareness raising and training, development of a national referral mechanism, child trafficking, sexual exploitation and labour exploitation.

I would like to give an idea of the extent of engagement that has taken place since the anti-human trafficking unit was established in February 2008 in an efforts to address this issue. In 2008 it had more than 150 meetings with relevant stakeholders,16 of which were with the groups to which I have just referred. To date in 2009 it has had about 110 meetings with relevant stakeholders, of which 19 have been with the groups to which I referred earlier.

On 10 June of this year, I published the National Action Plan to Prevent and Combat Trafficking of Human Beings in Ireland 2009-2012, which was prepared under the auspices of a high level interdepartmental group. This plan sets out in detail the measures which have been already undertaken across Departments and agencies to address the issue. It also identifies areas which require further action.

The plan is based on what is known as the three Ps in the area of trafficking: prevention, protection and prosecution. While I do not intend to list every measure being taken to address this issue, I will outline some of the more significant measures. In addition to those to which I have already referred, they include the establishment of a dedicated unit earlier this year in the Garda National Immigration Bureau and an awareness raising campaign aimed at the public and personnel likely to encounter victims of trafficking and training for law enforcement and other front-line personnel likely to encounter victims of trafficking. To date, 1,124 members of the Garda Síochána have received training in human trafficking and awareness-raising of this phenomenon, with a further 250 gardaí having received training on tackling trafficking in human beings, prevention and protection, including training in the investigation of this type of crime. Since last year more than 130 people from different Departments and agencies have participated in awareness training. There also has been provision of accommodation, health care and material assistance for potential and suspected victims by the Reception and Integration Agency and the HSE in the case of adults and by the HSE in the case of children. There also has been the provision of legal advice and assistance to potential and suspected victims of trafficking by the Legal Aid Board from the time of their first contact with GNIB all the way through to the end of the process for them.

As I have already stated I do not wish to elaborate on every initiative or development that has been undertaken but I would like to take this opportunity to refute any suggestion that the State is not doing enough to assist victims. In addition to the substantial grants made by my Department and the HSE to non-governmental organisations to support their work with potential victims of trafficking and women in prostitution, potential victims of trafficking can access a range of State services directly. Contrary to what is sometimes alleged, access to services is not contingent upon a person co-operating with the authorities; the opposite is the case.

Once a potential victim comes to the attention of the competent authority - which for cases of human trafficking is the Garda National Immigration Bureau - they are offered access to a range of services. These include accommodation, health services, both medical and psychological, through a care plan based on their individual needs, and legal services provided by the Legal Aid Board. All of this happens immediately the GNIB becomes aware of a potential victim and before a person has been identified by the gardaí as a suspected victim of trafficking and granted a 60 day recovery and reflection period. As Deputies are aware, the period was increased from 45 days to 60 days during debate on Committee Stage of the original Bill. We are the higher end of the scale internationally with a 60 day recovery and reflection period.

The Reception and Integration Agency accommodates potential victims and suspected victims of human trafficking referred by the Garda National Immigration Bureau both prior to and during the 60 day recovery and reflection period. Both non-EEA and EEA nationals are accommodated by RIA. A referral by GNIB is a sufficient basis for the RIA to accommodate the person.

The Government is anxious that potential and suspected victims of trafficking are offered suitable accommodation and I am satisfied that the standard of accommodation in the RIA system is suitable for suspected victims of trafficking in the same way as it is suitable for asylum seekers. RIA already has a package of supports in place for asylum seekers and is sufficiently experienced and flexible to meet the needs of potential and suspected victims of human trafficking. When necessary, appropriate translation and interpretation arrangements are available to RIA, the HSE and GNIB to assist communication with a potential victim. RIA reception centres also include a medical centre on-site managed by the Health Service Executive. The HSE develops an individual care plan for each potential or suspected victim of human trafficking.

There have been a number of concerns expressed from some quarters about the suitability of RIA accommodation. Alternative models, it is claimed, offer greater anonymity, support and privacy. However, the alternatives too may give rise to concerns, for example, that they might result in the isolation of victims. One of the strengths of the RIA system is that RIA has experience in accommodating many people from diverse nationalities, races and backgrounds, each with differing needs and experiences. I have consulted with both the Reception and Integration Agency and the Garda National Immigration Bureau who refer potential and suspected victims of trafficking to RIA and, to date, neither is aware of any substantial difficulties with this accommodation.

Furthermore, it should be noted that accommodation providers in RIA centres are required, under contract, to ensure that accommodation centres comply and operate in accordance with all statutory requirements of local authorities and State agencies in relation to bedroom capacity, food, food-hygiene, water supply, fire safety and general safety. All RIA centres are inspected unannounced at least once on an annual basis by independent inspectors and they are also subject to twice yearly examinations by RIA staff. Any diminution in standards which comes to the attention of RIA is immediately followed up and proprietors are instructed to make any changes and improvements deemed necessary. We will, of course, continue to work through the various consultative fora to which I referred earlier to develop and enhance services for victims in line with available resources.

I would also like to take the opportunity to address allegations made in certain fora on traffickers recruiting persons from RIA reception centres. It has been claimed that suspected victims of trafficking who are housed in RIA centres are being groomed and are open to being put back into the hands of the traffickers. I understand from the Garda Síochána that it has investigated an incident where specific rather than general allegations of this nature were made. It has informed me that following investigations there was no evidence to substantiate these allegations. Furthermore, no statements of complaint have been forthcoming from the complainant or any other parties. In the few situations where potential victims have expressed fears, whether well founded or not, they have been relocated to alternative RIA centres. I urge anyone who has any such information or evidence to bring it to the attention of the Garda Síochána for investigation as a matter of urgency. A crime prevention officer from the Garda Síochána also liaises with potential or suspected victims to assess any security risk and advise them on appropriate precautions.

In addition to the available health care services, there is an established link between RIA and the community welfare service - through the asylum seekers' new communities' unit of the HSE - which will assist potential and suspected victims in accessing necessary supports, particularly where suspected victims are moving out of RIA accommodation following the 60-day recovery and reflection period.

The Legal Aid Board provides legal advice and legal aid to potential and suspected victims in accordance with the terms of the Council of Europe Convention and the UN Protocol. Other protection includes the provisions in the Criminal Law (Human Trafficking) Act 2008 which provides for a guarantee of anonymity of alleged victims of trafficking unless the judge fully or partially waives this in the interests of justice. Under section 12 of the Act an alleged victim of trafficking, with the leave of the court, will be permitted to give evidence through a live television link, from either within the State or abroad.

I do not accept any suggestion that identified victims of human trafficking are primarily dealt with as illegal immigrants rather than victims. This is simply not the case. It is the State's policy not to remove any person from the country who may potentially be a victim of trafficking. While the deployment of personnel and the assignment of areas of responsibility is a matter for the Garda Commissioner, I take issue with any suggestion that gardaí in the national immigration bureau are unsuited to carrying out their mandate to protect victims of human trafficking because they also enforce Ireland's immigration laws. The Garda Síochána has a well deserved reputation for dealing with victims of all kinds of serious violence and trauma with sensitivity and understanding. The suggestion that members of the GNIB would act differently because a person is a victim of human trafficking or is an irregular migrant is unwarranted and shows a lack of appreciation of the work done on the ground.

On the trafficking in persons report, this contains many inaccuracies and does not take full account of the numerous measures that are in place, many of them being developed in consultation with the stakeholders, at the moment.

See this speech in context