Kathleen Lynch (Cork North Central, Labour)

I thank both Deputies for raising the issue. As they rightly said, it is very serious. I am responding on behalf of the Minister for Justice and Equality, Deputy Shatter.

There are a number of measures in place to prevent exploitation and forced labour in Ireland. The International Labour Organisation's definition of forced labour comprises two basic elements: the work or service is exacted under the menace of a penalty and it is undertaken involuntarily. Forced labour cannot be equated simply with low wages or poor working conditions.

In addition to the range of employment law enacted to protect workers from exploitation generally, the Criminal Law (Human Trafficking) Act 2008, which came into effect on 7 June 2008, criminalises the trafficking of persons for the purpose of labour exploitation, including forced labour. The term "traffics" is broadly defined in the Act. For instance, an offence may be committed under the Act by providing a person with accommodation or employment in order to exploit that person for forced labour if coercion or deception is used. An offence does not require cross-border movement or illegal entry into the State. The human trafficking investigation and co-ordination unit of An Garda Síochána works closely with labour inspectors attached to the National Employment Rights Authority on cases where there are allegations of labour exploitation. Since 7 June 2008, a number of cases of alleged human trafficking for labour exploitation have been investigated by An Garda Síochána - 19 cases in 2009, 19 cases in 2010 and 12 cases in 2011. To date, no proceedings for the offence of human trafficking for labour exploitation have been commenced in this jurisdiction. Three investigation files having been submitted to the law officers. Directions for no prosecution have been received in two of these cases. Additional information has been sought and provided in respect of the third investigation file.

An Garda Síochána works closely with other police forces. For example, an intensive investigation was conducted in Ireland and evidence was transferred to Romania, where three Romanian men were sentenced to imprisonment for seven years, five years and five years, respectively, in December 2009 for the trafficking of Romanian nationals into Ireland for labour exploitation on farms in Wexford.

There is a wide range of training and awareness-raising activities ongoing with personnel in the public and private sectors likely to encounter victims of human trafficking for labour exploitation. In addition, since 2010, my Department has sanctioned over €25,000 in funding to the Migrant Rights Centre Ireland to assist it in its work in assisting migrants who may be victims of trafficking for labour exploitation or forced labour.

The Criminal Law (Human Trafficking) 2008 Act is primarily an anti-trafficking measure and was never intended to address all the exploitative phenomena outside the context of human trafficking. In some cases that have been referred to An Garda Síochána as human trafficking for labour exploitation, prospective evidence of other offences including immigration offences, employment permits offences, false imprisonment and assault has been uncovered. These matters remain under investigation. An analysis of allegations of forced labour coming to the attention of An Garda Síochána since the Criminal Law (Human Trafficking) Act 2008 came into effect is currently being examined in my Department so that any legislative and administrative measures required to address deficiencies, if any, in the protections against forced labour can be identified. In the event that a need for additional legislative measures is established, proposals will be brought to Government in the usual manner and as quickly as possible.

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