Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 75: To ask the Minister for Justice, Equality and Law Reform the number of investigations into alleged human trafficking since the introduction of the Criminal Law (Human Trafficking) Act 2008; the number of potential victims of trafficking identified; the number of prosecutions that have commenced; the number of victims of trafficking who have received the period of recovery and reflection as defined in the 2008 Act; and if he will make a statement on the matter. [40407/09]

Dermot Ahern (Louth, Fianna Fail)
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I am informed by the Garda Síochána that in 2008, some 96 investigations were commenced where human trafficking was alleged or suspected. Of these, 60 investigations relate to suspected breaches of the provisions of the Illegal Immigrants (Trafficking) Act 2000, while 36 investigations relate to suspected breaches of the provisions of the Criminal Law (Human Trafficking) Act 2008.

Provisional figures for 2009 indicate that, up to 9 November, some 57 incidents have been recorded by the Garda Síochána under the category of human trafficking offences. Of these, 37 relate to possible offences under the Criminal Law (Human Trafficking) Act 2008, some 18 relate to possible offences under the Illegal Immigrants (Trafficking) Act 2000 and the remaining two relate to possible offences under the Child Pornography Act 1998. In the cases in question, 31 of the persons involved have made a claim of asylum and as part of their claim have alleged they were the victims of human trafficking.

A number of files are with the Director of Public Prosecutions for a decision on whether to prosecute. One case is before the courts where a person is charged with a human trafficking offence under the Criminal Law (Human Trafficking) Act 2008 in relation to the trafficking of a child for sexual exploitation. A total of 11 persons have been identified as suspected victims of human trafficking on the basis that there are reasonable grounds for believing that he or she was a victim of an offence under section 2 or 4 of the Criminal Law (Human Trafficking) Act 2008.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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How many files are with the Director of Public Prosecutions for consideration? Will the Minister comment on the report produced by the US State Department which states the Government of Ireland does not fully comply with minimum standards for the elimination of human trafficking? The report focuses on two issues. It refers to the lack of any prosecution or conviction in the reporting period, although I note the Minister indicated that one prosecution is pending, and is critical of the identification of victims and protection afforded to them.

Under the Government's anti-human trafficking plan, the Reception and Integration Agency, RIA, will house suspected victims of human trafficking. Given that 70% of suspected victims are residents of asylum or Health Service Executive hostels and, according to a report produced by a Galway rape crisis centre, 20% or one in five of the women who reported rape or abuse were asylum seekers, a group which makes up only 1% of the population of Galway, is the Minister satisfied that RIA is the appropriate agency to deal with this matter?

Dermot Ahern (Louth, Fianna Fail)
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Yes, I am satisfied RIA is the appropriate agency. During discussions on this issue with the Garda and other agencies, no major issues were raised regarding the use of RIA accommodation.

On the Deputy's question on the number of cases with the Director of Public Prosecutions, the figure is not provided on the file. Since the passing of the Act in June 2008, some 73 investigations have commenced.

On the criticisms in the US report, I raised this issue with a representative of the United States Embassy when I had an opportunity to do so. The report was somewhat unfair in that it was published shortly after the passing of the Act. To state there were no prosecutions under the Act when one must give the legislation-----

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I refer to the 2009 rather than 2008 report.

Dermot Ahern (Louth, Fianna Fail)
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If a respected international agency makes criticisms, we will examine them.

I noted that 11 persons have been granted temporary permission to reside here for six months. Of these, two were granted a second period of six months and six were given the recovery and reflection period of 60 days.

To return to the Reception and Integration Agency, those entering the RIA system are given full medical screening, including a medical card, and access to a full range of services. They are looked after well, as they should be, in order that their case can be investigated. Recently, a Deputy raised a case which may have involved human trafficking. On investigation, no evidence of human trafficking was found.

The Department is worried about this issue and will continue to monitor it. I have also raised it with my Northern counterparts because the Border is used in some cases. Of the 73 investigations, 10% relate to labour while the balance relates to potential sexual exploitation.

Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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I thank the Minister for the figures he presented to the House. On those figures, 11 out of the 73 cases being investigated by the Garda have been defined as suspected victims of trafficking. We are now 15 or 16 months into the enactment of the legislation. Is the Minister satisfied with the period of time it takes An Garda Síochána to decide that someone is a suspected victim? At that stage, and only at that stage, a full investigation into the case takes place. Surely the Minister is risking a situation arising whereby some of the victims may be coerced back into the industry before we give them the 60 day or 90 day notice period required.

Dermot Ahern (Louth, Fianna Fail)
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These investigations are very complex and time consuming. The Garda have to go through procedures in regard to identification and assessment but it is not true to say that there has not been action. There have been three European arrest warrants granted in regard to people who were trafficking into this country. Major prosecutions are taking place in a number of European countries, including Romania, in regard to events which happened in Ireland. We have worked very closely with Romania, the UK and the Netherlands on this issue. We have a specially designated human trafficking unit in the Department, where a number of officials work with State agencies and NGOs in order to try and address this problem. It is working very well and they are pushing out the boundaries on what more can be done to assist in this area. As the Deputy is aware I propose in the Immigration, Residence and Protection Bill to extend the period of recovery and reflection to a higher level to give people an opportunity to be looked after and to co-operate in order that we can ground a prosecution in this respect.