John Curran (Dublin Mid West, Fianna Fail)

I believe this example gives some indication of the complexities in the work done by the Garda Síochána in the context of trafficking.

In order to address issues such as these, I have been informed by the Garda Síochána that a thorough and internationally recognised system of victim identification is in place. All information that is available to the Garda Síochána at the time the case is being considered is taken into account. To enable the Garda Síochána to establish what indicators of trafficking are present, it is necessary for the person alleging trafficking to be interviewed. The outcome of this interview assists the Garda Síochána in being satisfied that there are reasonable grounds for believing that the person is a suspected victim of human trafficking. Ultimately, to make a decision and to progress any investigation into such allegations of a criminal offence, possibly contrary to the Criminal Law (Human Trafficking) Act 2008, the Garda Síochána seeks to document the allegations in a statement. While "reasonable grounds" are not the same as evidence, the Garda Síochána must be in possession of sufficient information to afford reasonable grounds for that belief. Where there is insufficient information for the detective superintendent to have reasonable grounds for believing that a person is a victim of suspected trafficking, the case remains open and every effort is made to gather additional information from the potential victim or other sources. The National Action Plan to Prevent and Combat Trafficking of Human Beings in Ireland 2009-12 provides for the development of a memorandum of understanding between key stakeholders to take place over the lifetime of the plan. Identification may be one issue for which a memorandum of understanding could be considered.

I will now move to investigations. In 2008, 96 investigations were commenced where human trafficking was alleged or suspected. Sixty investigations relate to suspected breaches of the provisions of the Illegal Immigrants (Trafficking) Act 2000, while 36 investigations relate to suspected breaches of the provisions of the Criminal Law (Human Trafficking) Act 2008. Provisional figures for 2009 indicated that up to 9 November, 57 incidents have been recorded by the Garda Síochána under the category of human trafficking offences, 37 of which relate to possible offences under the Criminal Law (Human Trafficking) Act 2008, 18 to possible offences under the Illegal Immigrants (Trafficking) Act 2000 and the remaining two to possible offences under the Child Trafficking and Pornography Act 1998. In the cases in question, 31 of the persons involved have made a claim of asylum and as a part of their claim have alleged that they were the victims of human trafficking.

A small number of files are with the Director of Public Prosecutions for a decision on whether to prosecute. At present one case is before the courts in which a person is charged with a human trafficking offence under the Criminal Law (Human Trafficking) Act 2008 in respect of the trafficking of a child for sexual exploitation. A total of 11 persons have been identified as suspected victims of human trafficking on the basis that there is reasonable grounds for believing that he or she was a victim of an offence under sections 2 or 4 of the Criminal Law (Human Trafficking) Act 2008. Five persons have been granted a temporary residence permission, which is valid for a period of six months from the date of grant. Two of these have been granted a second six-month temporary residence permission and three are in their first six month period of a temporary residence permission. Six persons have been granted the 60-days recovery and reflection period to which the Minister referred previously.

Account must be also taken of international co-operation undertaken by the Garda Síochána. While in many cases, due to the international nature of this issue, the Garda Síochána will engage in investigations, sometimes of a comprehensive nature, but the arresting, charging and convicting of suspects will take place in another jurisdiction. Three persons have been transferred under the European arrest warrant system to other EU states, including one who is a suspected international child trafficker who is due to stand trial in the Netherlands this month. The Garda National Immigration Bureau has forwarded significant bodies of evidence gathered in the course of investigations to the law enforcement authorities in other jurisdictions that has directly contributed to the initiation of trafficking related proceedings. In particular, it has supplied such evidence to Romania, the UK, Italy and the Netherlands. I hope my contribution to this debate has provided some insight into the complexity of the work of the dedicated team in the Garda National Immigration Bureau in the area of human trafficking.

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