Dáil debates
Tuesday, 5 November 2019
Saincheisteanna Tráthúla - Topical Issue Debate
Human Trafficking
6:40 pm
Declan Breathnach (Louth, Fianna Fail)
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The shocking discovery of 39 bodies in a truck recently is testament to the need to look at what measures Ireland will implement to take the scourge of human trafficking more seriously. The treatment of human trafficking victims in Ireland falls well short of humanitarian protection and the measures described in the legal instruments of the UN, the EU and the Council of Europe. I expect the Minister will tell me that human rights are at the heart of Irish foreign policy and that the report, Global Ireland - Ireland's Foreign Policy for a Changing World, contains a commitment to combat and prevent human trafficking. This is not what I see on the ground. The failure to secure convictions since the law was amended in 2013 and the failure of authorities to initiate any prosecutions in 2018 demonstrates the chronic deficiencies in victim identification, referral and assistance. We need to wake up to this scourge and start making progress against an abhorrent crime that is happening under our noses.
Many of these people are being severely exploited, whether they are women in nail bars, men in the fishing industry, horticultural workers or, indeed, personnel in car washes. It is modern-day slavery and in many instances people's travel documents are taken from them, they are hoodwinked and they do not realise they are being trafficked. They are promised jobs and accommodation but work for a minimum, and after expenses and accommodation are deducted, they are left with practically nothing. Currently when a woman who has been trafficked or who has been involved in exploitation and has been subjected to rape, being beaten or being threatened bravely steps out of those shadows, the response is often to provide accommodation in direct provision. Trafficking should not be confused with immigration. It is a crime and these people are the victims. Direct provision centres are not a place of refuge or comfort for them. They need our rescue and care.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I welcome the Minister's presence to deal with this very important issue concerning human trafficking. Slavery was abolished throughout the world many years ago, but unfortunately it still operates through the crime of human trafficking. Many people living in disadvantaged parts of the world are desperate to escape from their economic situation. As a result, they put themselves in the hands of individuals who promise to take them from those developing countries into countries in Europe and America. We must recognise the extent of the problem. Many women avail of the opportunities to be transported from one country to Europe, sometimes Ireland, in the belief that they are coming here to work in jobs that will be profitable for them. As Deputy Breathnach noted, unfortunately, many of these women find themselves in a sex industry that is fuelled by the pursuit of money. It is not only women who are the victims of these crimes. Men are also coming from impoverished countries in the belief that they will gain normal employment. They end up being exploited by unmeritorious and unfair employers who decide that they want to use them to avoid meeting their obligations under employment law. There are also horrific examples of people being trafficked for organ harvesting. I do not believe that it is an issue that has arisen in Ireland, but it is part of the international problem posed by human trafficking. It is crucial, in light of what happened tragically in Essex and the Irish association with that, that we are not complacent about our obligations under international law. We must ensure that Ireland is at the forefront of standing up for our obligations to fight human trafficking so that these vulnerable people can be protected.
Charles Flanagan (Laois, Fine Gael)
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The events in Essex are a tragedy for all those concerned and their families and friends, to whom I would express my deepest sympathies and condolences. I am conscious that that incident is the subject of an ongoing investigation in the United Kingdom, and in relation to which An Garda Síochána is assisting at a high level. I do not wish to say anything that could prejudice those investigations.
On the broader issues raised by the Deputies, it is important to differentiate between human trafficking and migrant smuggling. While both are criminal activities frequently involving criminal networks seeking to make a profit, there are important distinctions. The Government is fully committed to addressing human trafficking and migrant smuggling under Irish and EU legislation and the principal international conventions. However, as the Deputies have raised questions specifically on anti-human trafficking, I will focus on that topic in this response.
The second national action plan to prevent and combat human trafficking in Ireland was launched in 2016, and core to this is a victim-centred and human rights-based approach with the ultimate aims of preventing human trafficking, ensuring an effective criminal justice response, and delivery of supports to victims. Deputy Breathnach raised in particular the question of support for victims. Ireland endeavours to achieve best practice in its victim-centred approach to combating human trafficking. When suspected victims of human trafficking are either encountered by or referred to An Garda Síochána, they are provided with a wide range of services by both the Government and NGOs through the national referral mechanism. These include health services, that is, mental, emotional and physical care, immigration permission, legal services, accommodation, material assistance, including supplementary welfare allowance or rent, access to the labour market, vocational training and education, police services, repatriation, translation and interpretation services, and access to education for dependent children.
Identification of victims is a key component in the process of tackling human trafficking and accordingly the relevant authorities in Ireland fund and deliver a variety of specialised anti-human trafficking training to State officials. Particular emphasis in this training is placed on the identification and provision of appropriate assistance to suspected victims of human trafficking. The Garda Síochána plays a leading role in this process.
Action is also being taken to raise public awareness in this country and help members of the public identify the signs of human trafficking. More information is available on the Blue Blindfold website maintained by the Department of Justice and Equality. It may also be noted that EU Anti-Trafficking Day is marked annually on 18 October. To mark that, the Department of Justice and Equality partnered with 23 other European states in a campaign to raise awareness to the issue of human trafficking. Ireland is also active at the international level in fighting human trafficking, in particular through co-operation with partners in the European Crime Prevention Network and Europol.
An Garda Síochána has committed significant resources to the investigation and prosecution of human trafficking. A specialised Garda unit, the human trafficking investigation and co-ordination unit, has been in place for ten years, conducting investigations into human trafficking and providing advice, support and where necessary, operational assistance to investigations at district level. Members of An Garda Síochána have this year undertaken human trafficking training courses delivered by the Federal Bureau of Investigation and the PSNI.
The Deputy referred to prosecutions in this field. These are complex cases and Deputies will appreciate that it can be challenging to secure convictions in human trafficking cases for a range of reasons, including difficulties in securing sufficient evidence to prove beyond a reasonable doubt the existence of coercion or deception of the victim. For example, last year a prosecution the State brought against three suspected traffickers was withdrawn due to the victims choosing to return to their home countries and declining to co-operate with Garda requests for testimony. I met the Garda Commissioner earlier this year on this matter and he outlined an anti-organised crime strategy against trafficking gangs, targeting their finances and their use of the Internet, and by working closely with other jurisdictions.
The annual report of the anti-human trafficking unit of the Department of Justice and Equality indicates that in 2018 there were 64 victims of human trafficking. Of the 64 recorded incidents of human trafficking in Ireland last year, 13 are recorded as having occurred outside the jurisdiction and 51 are recorded as having occurred within the jurisdiction.
6:50 pm
Declan Breathnach (Louth, Fianna Fail)
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I express my support of and co-operation with any efforts to alleviate suffering or combat wrong-doing in what might have started as a tragic case arising from the greed of criminals involved with human trafficking. Vietnamese families are currently trying to make a provision in order to bring their loved ones home. I express my deep shock and offer our condolences, as the Minister has done.
We must reassess our response to this issue and six points should be immediately implemented. These include a review of the criminal justice response, a national referral mechanism where victim care would be distinct from direct provision and a new strategy for human trafficking incorporating European Union and Council of Europe requirements to be annually presented to these Houses and reported on. Government and business transparency in supply chains legislation must be considered, with a wider consideration of tainted money. Ireland's UN Security Council nomination process should address human trafficking and a rapporteur should be appointed for Ireland to work across government, criminal justice, civil society and the private sector in order to assist the development and delivery of a strategy. We must be a driving force.
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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I thank the Minister for his reply. The annual report of the anti-human trafficking unit reveals that this is a problem in our country. We noted there were 64 victims of human trafficking in 2018 and of them, 51 were recorded as having occurred within this jurisdiction. We are talking about individuals, specifically women who have been trafficked into this country for sexual purposes or men who are abused in the workplace by not being given any of the protections afforded to the rest of us as workers under the law.
It is very important for us to note there have been very limited prosecutions in this country. I note the Minister's comments regarding the difficulty of prosecuting these cases, particularly where there are victims who are not prepared to co-operate or who may find it very difficult to co-operate because of a fear they will get into further trouble if they give evidence against persons who have trafficked them. What happened in Essex is a wake-up call for us and we must recognise that our obligations really must continue to apply. We must be more vigorous in ensuring we comply with those obligations.
Charles Flanagan (Laois, Fine Gael)
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The Deputies have raised a number of constructive points that I would be happy to pursue as being applicable. I assure the House that An Garda Síochána continues to engage actively with the Director of Public Prosecutions in order to pursue further prosecutions this year. Having regard to the international dimension of the crime, we have developed strong links between the Garda and other European police services. Interpol and Europol channels are regularly used for these investigations.
I again point to the Second National Action Plan to Prevent and Combat Human Trafficking, which was launched three years ago. In this regard there are six priority areas, and if the Deputies have other elements they would like us to add, we are happy to consider them. The six priorities are currently prevention, training, awareness raising and evaluation, the reduction of vulnerability, the collection of data, demand reduction and enhanced co-ordination and co-operation. Action continues on a whole-of-government basis in line with that plan. Again, Ireland remains active on the international stage. From a domestic perspective a number of State bodies provide care and practical support to victims, including the Health Service Executive, the Legal Aid Board, the immigration service and Tusla in respect of child and family matters. My Department also provides funding to several non-governmental organisations for their work in providing support to victims of trafficking. I acknowledge on one hand the support for victims and on the other hand the robust criminal justice response.
These are complex matters but I assure Deputies Breathnach and O'Callaghan that the Government remains committed to tackling such matters through all available means.