Bernard Allen (Cork North Central, Fine Gael)
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Question 4: To ask the Minister for Foreign Affairs the steps he has taken to date to work with other countries in order to combat human trafficking; the talks that he has held with his counterpart European Union Foreign Ministers on this issue; and if he will make a statement on the matter. [25455/06]

Noel Treacy (Galway East, Fianna Fail)
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Human trafficking, which is an important issue for Ireland and the European Union, featured in the conclusions of this month's meeting of the European Council. It was listed as one of the areas in which the EU can deliver concrete results to benefit the citizens of the EU. The Council's conclusions express its determination to pursue the fight against human trafficking by fully utilising the resources of Eurojust, Europol and the task force of police chiefs. The issue of human trafficking was also considered at the most recent meeting of the General Affairs and External Relations Council, which examined the draft conclusions of the European Council. Article 5 of the EU Charter of Fundamental Rights prohibits trafficking in human beings. In 2004, the EU adopted a Council framework decision on combating trafficking in persons. My colleague, the Minister for Justice, Equality and Law Reform, who has primary responsibility for what is first and foremost a criminal justice matter, is preparing legislation to criminalise trafficking for the purpose of sexual and labour exploitation.

A specific action plan to deal with trafficking in human beings was adopted by the European Council last December. The plan, which is wide-ranging, covers areas such as the co-ordination of EU action, the prevention of trafficking and the prosecution of offences linked to trafficking. The implementation of the plan has been actively pursued by the Justice and Home Affairs Council, in which Ireland is represented by the Minister for Justice, Equality and Law Reform. Under this country's existing criminal law, it is an offence to traffic a male or female person under 17 years of age for the purpose of sexual exploitation. The offence is punishable by up to life imprisonment.

I would like to refer to the work being done in this regard in international fora other than the EU. Human trafficking has been dealt with by the Council of Europe. That organisation's negotiations on the Convention on Action against Trafficking in Human Beings concluded last year. The convention, which was opened for signature in Warsaw on 16 May 2005, aims to prevent and combat trafficking in people in all its forms. A similar action plan was endorsed by the Organisation for Security and Co-operation in Europe in December 2003. Ireland is a signatory to the UN Convention on Transnational Organised Crime and its two accompanying protocols on smuggling and on the prevention, suppression and punishment of human trafficking. The Department of Foreign Affairs has provided over €1.7 million, through Irish Aid, for anti-trafficking projects carried out by the International Labour Organisation and a respected non-governmental organisation, under the leadership of the Minister of State, Deputy Conor Lenihan.

Human trafficking is receiving considerable attention at EU and international levels. My colleague, the Minister for Foreign Affairs, has raised it in bilateral contacts with his EU counterparts. He and I will continue to use relevant bilateral meetings to highlight our concerns in respect of this serious matter.

Bernard Allen (Cork North Central, Fine Gael)
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I do not understand why the Department of Foreign Affairs refused to answer this question when I tabled it as a priority question the last time the House took foreign affairs questions. Does the Minister of State agree that the recent "Prime Time Investigates" documentary exposed the conditions of slavery, rape and violence which are endured by trafficked women and children? Does he agree the programme also exposed that this country's controls in this regard are very lax and that our passport control system is porous? The Minister of State's reply confirmed that we are continuing to classify human trafficking as an immigration issue rather than as a human rights issue.

Michael D Higgins (Galway West, Labour)
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That is important.

Bernard Allen (Cork North Central, Fine Gael)
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Will the Minister of State explain how 14 and 15 year old Romanian children are getting visas, presenting themselves at passport controls and being allowed to enter this country without giving any real explanation of what they intend to do here or where they are going here? Does the Minister of State agree we have failed miserably to protect minors who come from states inside and outside the EU?

Michael D Higgins (Galway West, Labour)
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Yes.

Bernard Allen (Cork North Central, Fine Gael)
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Will the Minister of State tell me how he intends to deal with this problem as a human rights issue?

Noel Treacy (Galway East, Fianna Fail)
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If the Deputy had listened to my earlier answer, the position would be very clear to him.

Bernard Allen (Cork North Central, Fine Gael)
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I was listening.

Noel Treacy (Galway East, Fianna Fail)
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He asked why I did not answer this question the last time we dealt with such matters. This was and is a matter for the Department of Justice, Equality and Law Reform and the Minister, Deputy McDowell. At that time, it was proper for that Department to answer the question. Since then, this matter has been on the agenda of a meeting of the General Affairs and External Relations Council in Brussels. The Minister for Foreign Affairs and I attended the meeting at which the matter was discussed. We are now reporting to the House and answering Deputy Allen's questions on foot of those discussions. The Deputy is getting two bites of the cherry. He got an answer from the Department of Justice, Equality and Law Reform some weeks ago and he is now getting a direct response from the Department of Foreign Affairs. I also want to say that we have one of the most——

Bernard Allen (Cork North Central, Fine Gael)
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Why did the Minister of State answer a question on 24 May and refuse my question?

Séamus Kirk (Louth, Fianna Fail)
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The Minister of State to continue without interruption.

Noel Treacy (Galway East, Fianna Fail)
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I would like to be allowed to respond. We have spent millions of euro on our impregnable passport system, which is the most outstanding system in the world.

John Gormley (Dublin South East, Green Party)
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The Minister of State is not given to exaggeration.

Noel Treacy (Galway East, Fianna Fail)
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Not likely. I know what I am talking about. I have seen the investment, the technology and the quality of the staff. I have seen the system in operation. I am proud of all the people who operate it. An outstanding service is being delivered to the people of this country in Dublin and Cork.

Bernard Allen (Cork North Central, Fine Gael)
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I asked about passport controls.

Noel Treacy (Galway East, Fianna Fail)
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I am coming to that point. The Deputy spoke about young people who came to Ireland after people from their own countries applied on their behalf for visas for them. When such people were taken into this country, they were checked to ensure all their paperwork and documentation was in order. Nobody was aware that the children in question were to be exploited at a later stage. Such behaviour is a criminal offence under our laws. As we speak, the Minister for Justice, Equality and Law Reform, who responded to Deputy Allen when this matter was raised previously, is preparing legislation to deal with these issues. He intends to ensure that no loophole can be utilised in future and that people cannot be exploited in future. The European Union is at one on this issue. We are totally committed to ensuring that human trafficking does not take place here. The House can be assured that this country's system of passport control is very tight. The problems which have been mentioned tend to develop after the passport control stage. The issues in question are not related to the operation of our passport control system.

Bernard Allen (Cork North Central, Fine Gael)
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I would like to say——

Séamus Kirk (Louth, Fianna Fail)
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Deputy Allen, please.

Bernard Allen (Cork North Central, Fine Gael)
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——that the Minister of State is tending to mislead the House, although perhaps unintentionally.

Séamus Kirk (Louth, Fianna Fail)
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We have lost a great deal of time.

Bernard Allen (Cork North Central, Fine Gael)
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I would like to inform the Minister of State that human trafficking is not a crime under our laws. Unlike other countries, Ireland tends to treat the girls who are apprehended here, rather than the traffickers, as the criminals.

Michael D Higgins (Galway West, Labour)
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That is correct.

Bernard Allen (Cork North Central, Fine Gael)
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We do not have any systems in place to deal with such girls, who are the victims of human trafficking, in an effective manner. The traffickers are getting away scot free. I ask the Minister of State not to say that human trafficking is a crime under our law because it is not.

Noel Treacy (Galway East, Fianna Fail)
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Human trafficking is a crime. The exploitation of any individual is a crime. Our laws are being updated. The Minister for Justice, Equality and Law Reform has responded to the issues which have arisen. Ireland is ensuring, in co-operation with its EU partners, that the various regulations are being tightened at EU level——

Bernard Allen (Cork North Central, Fine Gael)
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Nothing will happen before the summer break.

Noel Treacy (Galway East, Fianna Fail)
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——in order that people committing crimes of this nature are not allowed to get through the net at any time.

Bernard Allen (Cork North Central, Fine Gael)
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That is rubbish.

Michael D Higgins (Galway West, Labour)
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That is not the position.

Bernard Allen (Cork North Central, Fine Gael)
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It is not true.