Dáil debates

Thursday, 18 December 2008

2:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 6: To ask the Minister for Justice, Equality and Law Reform the action being taken to prevent the trafficking of foreign women for sexual purposes; the estimated number of women trafficked in this way in 2007 and to date in 2008; the number of trafficked women who have availed of the 60 day recovery and reflection period; and if he will make a statement on the matter. [46779/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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Legislative, administrative and operational measures have been put in place to prevent trafficking in persons for both sexual and labour exploitation purposes. The Criminal Law (Human Trafficking) Act 2008, with penalties of up to life imprisonment, has been operational since 7 June 2008.

An anti-human trafficking unit was set up in my Department earlier this year to co-ordinate the level of Government response to this issue. An interdepartmental high level group will submit a national action plan to me in 2009 which will map out a strategy to prevent and tackle trafficking in human beings for the coming years. Awareness campaigns and training programmes in relation to trafficking are under way.

The Garda National Immigration Bureau maintains border controls and liaison with organisations which represent exploited foreign nationals. Liaison at an international level between the Garda Síochána and the international law enforcement community and international organisations also forms part of the approach taken by An Garda Síochána to human trafficking.

It is difficult to provide an accurate estimate of the scale of human trafficking for sexual exploitation in Ireland, as it is in many other countries, given the underground nature of the activity, the different definitions of trafficking and that data from different organisations is fragmented. A data collection strategy which aims at collating data on trafficking in human beings from a variety of organisations is currently being developed in my Department.

One person has been identified by the Garda authorities as a suspected victim of trafficking since the commencement of the Criminal Law (Human Trafficking) Act in June 2008. An application for a 60 day recovery and reflection period for the suspected victim has been granted. As suspected victims are identified they will be referred to my Department for a grant of permission to lawfully remain in the State for the 60 day period of recovery and reflection. The administrative framework for recovery and reflection periods will be put on a statutory basis following the enactment of the Immigration, Residence and Protection Bill.

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Is it not the case that this phenomenon of human trafficking affects this jurisdiction more than was contemplated until very recently and the legislation put in place is deemed by organisations at the coalface to be inadequate? Is the Minister prepared, even at this stage, to amend the immigration Bill to specify the services available to suspected victims of trafficking? Do I understand from the Minister's reply that there has been only one case where the 60-day permit was granted? Does he acknowledge that this is the area focused on by organisations like Ruhama? Such organisations have indicated that women who were believed to have been working recently in the sex industry in this country, and who may have been trafficked here, tend to be immediately relocated to their country of origin. The organisations point out that in those circumstances women require the benefit of a reflection period, as well as the support and services that this country can provide.

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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It is fair to say that our legislation on human trafficking is probably the most advanced and modern, as it was only passed in June this year.

As the Deputy will know, when the Immigration Bill was originally published it provided for a 45-day period for recovery and reflection. At the exhortation of the Deputy and others in Opposition, and because of my own feelings on the matter, I agreed it should be a longer period of 60 days. That compares favourably with a number of other EU countries.

As regards what resources and responses are available to people who are subject to human trafficking, an anti-trafficking unit was established in my Department on foot of the legislation. The unit works with State agencies, including the Garda Síochána and the HSE, as well as Ruhama and other groups. I attended one of the regular meetings to witness the co-operation that is going on between all concerned. This ensures that when somebody is the subject of trafficking they are dealt with immediately by an holistic response across the system.

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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I wish to allow a couple of other Deputies to contribute.

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Does the Minister really accept that there has only been one case concerning the trafficking of foreign women for sexual purposes? Having heard this debate and from listening to my contacts, there seem to be more underground cases of this nature. In addition to a national response, an international response is required to deal with human trafficking, particularly for sexual exploitation. The Minister should ensure this is provided. Is there a negative attitude within the Department of Justice, Equality and Law reform to such cases, as well as to the broader issue of immigration?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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There certainly is not a negative attitude as far as the Department is concerned. We sponsored the Bill to put in place the most modern legislative response and we now have to establish the structures. To be fair, there is a separate, dedicated unit in my Department which is fully staffed by very committed people. Information at my disposal from the Garda Síochána indicates that a sizeable proportion of those suspected of being subject to trafficking are trafficked for labour rather than sex purposes. That is not to say that sex trafficking is not going on. Ruhama has recently referred 13 people to the Garda Síochána, one of whom has been given a 60-day period. Three of them went home voluntarily and had airline tickets on them. At the end of the day, they are adults and cannot be detained against their will.

I totally disagree with the Deputy's point about people not being sympathetic. I know for a fact that the Garda Síochána conducts significant training to ensure that every garda is fully trained, particularly concerning the legislative requirements of the recent Act. That training is being carried out by the International Organisation for Migration.

Together with the Garda Commissioner, I recently launched the new blindfold awareness campaign. My Department has provided significant funding to Ruhama to allow it to run advertising in recent times. This area is evolving and we are learning from the experience. A number of cases were dealt with under the previous immigration legislation. Following the enactment of the new legislation in June, I recall the Garda Commissioner stating two or three months ago that the gardaí are investigating approximately 17 cases. Quite a number of those cases related to one instance in which people were suspected of being trafficked for labour purposes.