Joe Costello (Dublin Central, Labour)
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The matter I raise relates to the need for the Minister for Justice, Equality and Law Reform to sign or ratify the United Nations Protocol on Trafficking which dates to 2000 and the Council on European Convention on Action against Trafficking in Human Beings which dates to 2005.

In his capacity as Minister of State in the Department of Foreign Affairs, Deputy Conor Lenihan is probably aware that Ireland is in clear breach of its international obligations for failing to sign or ratify these two international instruments. It is entirely unacceptable that Ireland has no specific, domestic legislation to outlaw trafficking in human beings within this country or into this country.

The Tánaiste and Minister for Justice, Equality and Law Reform has contributed his usual lip service but nothing has been done during his four and a half years in office. The inter-congregational group of religious orders has now taken up the cudgel. I hope the Minister will lend it a more sympathetic ear than he has done to the Members of this House. No doubt we will have copious promises of future action from the Minister but it is unlikely that anything will be done before the election takes place in six months time.

The stark reality is that trafficking in human beings is one of the biggest and most appalling multinational industries in the world. The startling statistics demonstrate that more people were traded into slavery in one decade of the 1980s, from Asia alone, than all the people sold into slavery from Africa in the 400 years in which slavery legally existed. Sixteen years later, the incidence of trafficking has increased substantially. It is estimated that approximately 1.5 million people are trafficked annually, more than 50% of whom come through various European countries. The industry is estimated to be worth a whopping €36 billion in Europe alone. Almost every city, town, or village in eastern and central Europe has girls and young women, in particular, victimised by the traffickers who force them into the human exploitation industry. With the opening up of the European Union borders, the movement of traffickers and their prey is largely invisible. The risks are few and the profits are enormous. Trafficking is now the third largest money making venture in the world after illegal weapons and illegal drugs.

Clearly, we can no longer turn a blind eye to what is becoming increasingly an Irish phenomenon. Experience on the ground in Ireland and research conducted at the Johns Hopkins University confirm that the trafficking Mafia are now targeting Ireland as a growing lucrative market and a port of entry. The Garda Síochána and the Department of Justice, Equality and Law Reform are well aware of the growing incidence of trafficking of women for the sex industry. It is essential that we take urgent action now before trafficking in humans goes the deadly way of illegal weapons and illegal drugs. The Government failed to act when the warning signs were there. Now gangland killings are widespread and there are illegal drugs distribution networks throughout the country.

The Government must ratify international conventions and protocols, which it has not done to date. The Minister for Justice, Equality and Law Reform must introduce legislation to target the traffickers with heavy penalties and give the Garda the necessary powers to track them down, seize their assets and put them out of business as well as putting them behind bars. He must establish a special rapid reaction team of gardaí who can link up quickly and effectively with Europol and Interpol to monitor the activities of the international trafficking gangs and pursue them anywhere in the world.

The Minister must acknowledge that trafficking in humans is a grave violation of human rights. He must, therefore, put in place a public awareness programme to inform the public and encourage victims to come forward. That will require legislation that not only targets the traffickers but also incorporates protective and support measures for the victims so that they do not end up being further victimised. A victim-centred approach is required.

Conor Lenihan (Dublin South West, Fianna Fail)
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I thank Deputy Costello for raising this very important issue and for giving me the opportunity of updating the House on this matter on behalf of the Tánaiste and Minister for Justice, Equality and Law Reform.

Human trafficking, by its very nature, is a clandestine activity. It is a crime which can have very deep and lasting effects on its victims. The use of force or intimidation by those who engage in the activity of trafficking may cause victims to be reluctant to come forward to the authorities. In spite of whatever reluctance there may be to come forward with information, it is in the best interests of all concerned, as with all other forms of crime, that any acts of criminality, or suspected criminality, are brought to the attention of the Garda Síochána. It is important to note that those people who come forward to the Garda Síochána are treated at all times with respect, dignity and sympathy.

When victims of trafficking come to the attention of the authorities, they are provided with all assistance possible. Assistance may be provided through the services of the Health Services Executive in this respect. Victims of trafficking can also be assisted to return and reintegrate in their countries of origin with the assistance of the International Organisation for Migration. As I am sure the Deputy is aware, in the recent UN Trafficking in Persons Global Patterns report, Ireland was ranked at the low end of destination or transit target countries in Western Europe. The Garda assessment of the situation concurs with the UN report. In common with other EU countries, all the indications to date are that in Ireland trafficking in human beings takes place on a much smaller scale than illegal immigration. Many more people are brought here on a voluntary basis than are brought here against their will. That said, the Garda Síochána remains very active in this area in terms of its intelligence gathering, surveillance and investigations.

A number of specific Garda operations have been put in place to assess the extent to which Ireland may have been targeted by persons suspected of being engaged in trafficking in persons, to prevent such activity and, where such activity is disclosed, to gather evidence to be used in any prosecution. Operation Quest, for example, was established to investigate allegations of trafficking of non-nationals into this country for the purpose of employment in the sex industry. Operation Pentameter was set up with the objective of disrupting the activities of organised criminal gangs suspected of involvement in trafficking of persons. To date, there is no evidence to suggest that trafficking of persons into Ireland for the purposes of sexual exploitation is widespread. The Garda has encountered only a small number of trafficking cases and these are being fully investigated.

However, there is no room for complacency on this serious issue. The Garda continues to fully engage with other international law enforcement agencies on an ongoing basis to ensure that a comprehensive and effective response to the issue of trafficking is in place. In October 2005, an anti-trafficking working group was set up comprising officials from the Department of Justice, Equality and Law Reform and members of the Garda Síochána. The report of this working group was published in May 2006 and is available on the Department's website. This document sets out clearly the situation in Ireland and the State's response on a number of fronts including immigration controls, law enforcement activity, protection of victims and the legislative framework. NGOs reported to that working group on the excellent co-operation that they have with the Garda, particularly at an operational level. The publication of this report is clear evidence that the Department of Justice, Equality and Law Reform and the Garda Síochána are committed to tackling trafficking in human beings at a national level and to working with our European Union and other countries to tackle it on an international basis.

Under current Irish criminal law it is an offence, punishable by up to life imprisonment, to traffic a person under 17 years of age, male or female, into, through or out of Ireland for the purpose of that person's sexual exploitation. This is provided for in the Child Trafficking and Pornography Act 1998. The Government has approved amendments to the legislation that will change the age from 17 to 18 years to allow Ireland to comply with the various international obligations. Under the Illegal Immigrants (Trafficking) Act 2000, it is an offence to organise or knowingly facilitate the entry into Ireland of a person who is reasonably believed to be an illegal immigrant or a person who intends to claim asylum. In this case the maximum prison sentence on conviction is ten years.

Legislation creating an offence of trafficking in persons for the specific purpose of sexual or labour exploitation is contained in the draft Criminal Justice (Trafficking in Persons and Sexual Offences) Bill. This Bill will comply with the EU Framework Decision on combating trafficking in persons for the purpose of their sexual and labour exploitation. It will also fully comply with the criminal law requirements of the protocol to prevent, suppress and punish trafficking in persons, especially women and children, which supplements the UN Convention Against Transnational Organised Crime and the Council of Europe Convention on Action Against Trafficking in Human Beings.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Minister's time is up.

Conor Lenihan (Dublin South West, Fianna Fail)
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I will give the Deputy the remainder of the statement.