Simon Coveney (Cork South Central, Fine Gael)
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The case I want to raise can best be outlined by the summary provided by Ruhama. Anyone who knows about victims of the sex industry is aware of the work of Ruhama. The organisation has outlined in summary the case of Edith Orumwenes and its concerns about whether basic minimum standards of protection and assistance to presumed victims of human trafficking are being adhered to in Ireland:

In early November, Edith Orumwenes was arrested in Castlebar for not having identification papers. We first met Edith in early December in the Dóchas Centre in Dublin, we assessed her under the UN Protocol on Human Trafficking and we identified her as a presumed victim of human trafficking.

The indicators of human trafficking found in this woman's case were clear: the country of origin and particular state (Edo, where 80% victims of sex trafficking victims in Nigeria come according to UN statistics). Her account of how she was recruited was credible — her position of vulnerability, poverty, lack of education, she had never travelled abroad before and she was fleeing a forced marriage. The signs of trauma — high level of anxiety, emotionally upset, difficulty sleeping and no documentation — were all present.

Ruhama is very much aware of the modus operandi of the sex trade in Ireland and how traffickers are supplying the sex industry with women. Edith's version of what happened her was consistent; she told us about how her original trafficker handed her over to pimps, how she was photographed for the Internet, given a mobile phone, and told what prices to charge.

Following our identification of her as a presumed victim of trafficking, we referred her to the superintendent in GNIB for consideration under the recovery and reflection period. We also asked that the liaison officer from GNIB would come and meet with Edith in the Dóchas Centre as we believed they had more knowledge and experience of assessing victims of trafficking than the local gardaí in Mayo. However after two requests the GNIB liaison officer was not sent to meet with Edith and the assessment of Edith as a presumed victim of sex trafficking was left to the gardaí in Castlebar.

From my understanding, they had no idea what to look for in a trafficking case.

From our first-hand experience of attending the court hearings, we could see that when this woman presented as irritable or unable to meet the demands of the criminal justice system she was labelled "uncooperative" and was penalised for this. In our opinion she was clearly viewed as a criminal and not as a potential victim.

Edith was expected to cooperate with gardaí in Castlebar after she had spent long hours travelling from Dublin and attending the court hearing; she was often physically and emotionally exhausted. On one occasion she spent up to 20 hours from the time she left the Dóchas Centre until her return, placing further strain on her already fragile emotional state. This does not suggest a concern for her welfare. We are concerned to have since been told that on all occasions Edith received very little food or drink.

It is well established that when people are in trauma they suffer from memory loss and disorientation. I quote from the IOM manual on dealing with victims of human trafficking which is used by the Garda training: "Even if an individual lies about or refuses to disclose certain information on occasions, or forgets or changes parts of her/his story, this is not a reason to discredit other information they have provided or to determine the individual is untrustworthy." This accepted norm was clearly not applied in this case. At Ruhama we found Edith to be cooperative, polite and forthcoming with information.

Best practice recommends the importance of helping the presumed victim to feel safe and that she is approached in a manner that builds trust. This is where the reflection and recovery stage is important in the process. This did not happen in Edith's case; she was incarcerated despite disclosing early in the investigation that she was forced into prostitution. This did not inspire confidence or trust on her side, or create an environment conducive to cooperation.

However she was cooperative with the gardaí. She provided an account of her movements in Ireland, she surrendered her mobile phone, which was not used in the court case against her, she provided information on her movements in Ireland during numerous interviews, she pointed out the house in which she alleges she was held captive and she watched CCTV and made positive identification.

We believe the screening of a presumed victim of human trafficking was not adequately carried out by the gardaí in Mayo because of their lack of experience and knowledge on the issue. Ruhama workers tried talking to local gardaí about the best practice guidelines for working with victims of sex trafficking but they told her that they had been advised by GNIB that they could keep her in prison for months while trying to establish her true identity.

This is no way to treat a victim who has more than likely been trafficked by a gang for profit from a poor region of Nigeria into Ireland to feed the sex industry, where she was probably abused. She has been treated as an illegal immigrant, without identification and put in prison for months.

There was a debate on human trafficking in this House when the Minister for Finance was Minister for Justice, Equality and Law Reform. We passed important legislation in this area but, if anything, our attitude to likely victims of human trafficking is moving in the wrong direction.

Máire Hoctor (Tipperary North, Fianna Fail)
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On behalf of the Minister for Justice, Equality and Law Reform, I thank the Deputy for raising this matter on the Adjournment. I assure him that I share his concern and that of all right thinking people that the heinous crime of human trafficking should be tackled effectively and that suspected victims of human trafficking should be helped and treated appropriately.

The Criminal Law (Human Trafficking) Act 2008 has been fully operational since 7 June 2008. This legislation criminalises the trafficking in children and adults for the purposes of their sexual or labour exploitation, or the removal of their organs. It also makes it an offence to sell or offer for sale, or to purchase or offer to purchase, any person for any purpose. Penalties of up to life imprisonment apply in respect of these offences. It is not a defence for the trafficker to argue that the person consented to the commission of any of the acts.

It is also an offence under this Act for a person to solicit a trafficked person for the purposes of prostitution where the person soliciting knows, or has reasonable grounds for believing, that the person has been trafficked. The soliciting can take place anywhere, in public or in private. Any person who accepts or agrees to accept any kind of payment in exchange for the prostitution of the trafficked person will also commit an offence. Fines of up to €5,000 and 12 months' imprisonment apply on summary conviction, and an unlimited fine and up to five years' imprisonment if a person is convicted on indictment.

In addition to this comprehensive criminal legislation and also with effect from 7 June 2008, recovery and reflection periods of 45 days — which were recently increased to 60 days — were introduced for potential victims of trafficking. Where the victim is willing to assist the Garda Síochána with an investigation or prosecution concerning the alleged trafficking, periods of temporary residency permission of up to six months renewable were introduced. The recovery and reflection and temporary residence provisions were introduced on an administrative basis, pending the enactment of the Immigration, Residence and Protection Bill later this year, when such provisions will be put on a statutory basis.

As well as these legislative measures, the Government has introduced a number of administrative measures to ensure an effective and comprehensive response to human trafficking. An interdepartmental high level group with representatives from key Departments has been established to recommend the most appropriate and effective policy responses to human trafficking to the Minister. An anti-human trafficking unit has been established in the Department to ensure that the State response to trafficking in human beings is co-ordinated, comprehensive and holistic. A key element of this strategy is the development of a national action plan to prevent and tackle trafficking in human beings to be approved by the high level group and submitted to the Minister.

From the beginning, the Government has adopted a multidisciplinary partnership approach to tackling human trafficking in Ireland. Representatives from the interdepartmental high level group and the anti-human trafficking unit engage with NGOs and international organisations in a round table forum held about every four months. In addition, five interdisciplinary working groups — made up of representatives from the relevant Government agencies, NGOs and international organisations — are working to progress matters on a range of issues. These include the development of a national referral mechanism, awareness raising and training, child trafficking, labour exploitation issues and sexual exploitation issues, and in turn to report to the high level group. In total, 34 different State, international and non-governmental organisations are involved in this process.

The Garda Síochána has placed particular importance on ensuring that its members receive training which will equip them to tackle the phenomenon of human trafficking. Some 250 members of the Garda Síochána, including members from each Garda division, have completed a continuous professional development training course entitled "Tackling Trafficking in Human Beings: Prevention, Protection and Prosecution". In addition, 520 probationer gardaí have received awareness training as part of their final phase of training.

It is not appropriate for the Minister to comment on the outcome of a court case in which the person referred to by the Deputy was involved.

Simon Coveney (Cork South Central, Fine Gael)
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It certainly is.

Máire Hoctor (Tipperary North, Fianna Fail)
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Equally it is not appropriate to comment in detail on the facts of any individual case, involving as it would disclosing sensitive personal information. I can say that the Minister has been informed by the Garda Síochána that in this case, as in every case of potential human trafficking made known to them, all the information was carefully assessed in determining if there were reasonable grounds for believing the woman in question was a victim of human trafficking under sections 2 or 4 of the Criminal Law (Human Trafficking) Act. As with any case, the Garda Síochána will examine any new information that comes to light.

To date, two persons have been granted the 60-day recovery and reflection period and one of these has been granted a six-month temporary residence. The Garda Síochána is also actively investigating a number of other cases. It is the Minister's policy and that of the Garda Síochána that no person who is potentially a victim of human trafficking will be removed from the State before that investigation is complete.

Simon Coveney (Cork South Central, Fine Gael)
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They will be put in prison instead.

Máire Hoctor (Tipperary North, Fianna Fail)
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The Department will continue to develop and adapt procedures in light of experience in dealing with such cases. The Department recognises the valuable contribution being made by both State and non-governmental organisations in tackling, together, the scourge of human trafficking.