Lisa McDonald (Fianna Fail)

I welcome the Minister of State, Deputy Seán Power. Any legislation that helps to protect the most vulnerable in society must be embraced wholeheartedly and, in that regard, I welcome the broad objectives of the Bill. Organised criminal gangs make substantial profits from the exploitation of poor people, both young and old. Organised crime across Europe and the world simply uses human beings as commodities. It sees people as a means of making profit and has no regard for human rights. The people involved in such crimes are devoid of scruples or morals. Ireland must take a stand and play a part in smashing these criminal gangs. It must do its best to eliminate human trafficking in Ireland and across Europe. I look forward to this country ratifying the Council of Europe convention which deals with victim protection.

We also must consider carefully how to protect the victim on a practical level, such as through legal and translation services, accommodation and so forth. The most important aspect of protecting the victim is a focused approach to child trafficking. Ireland and its people are known worldwide as a nation and a people that care for the vulnerable, poor and needy. We should strive to be an example to the world in how seriously we take the problem of the exploitation of human beings, especially women and children. Legislation is required but real action must follow. We must make Ireland a country where criminal gangs know they cannot operate and a country that continues to be known as being to the fore in the protection of human rights.

The problem of human trafficking, particularly child trafficking, must be a priority for the Government. The EU estimates that 1.2 million children are trafficked worldwide. A portion of them would be in Europe and would have crossed our shores. These children are mainly from poorer nations, such as those in the old Soviet bloc, eastern Europe and Africa. Legislation and enforcement will undoubtedly help but the Government must also consider how to tackle the root causes and the economic reasons for the prevalence of human trafficking in poorer nations. In that regard, we must continue to improve Irish Government foreign aid further.

I support many aspects of this Bill, including the provision on consent. The issue of consent leads to uncertainty because it is difficult to prove. Women did not give consent to their recruiters if they were lured under the pretext that faraway hills are green and they would have a rosy life and great earning potential in Ireland. Little did they know they were being introduced to seedy, grubby apartments or bedsits in which they were told to ply their trade and give their money to their pimp or recruiter. They are debased and abused hourly and if their earnings are not high enough, they are further dehumanised and debased. Consent is a difficult issue but I believe no consent is given in such instances.

The problem of trafficking is significant but is largely opaque. The Minister stated there were 76 reported cases but I do not believe that is the true number. Who reports such incidents? If a woman manages to escape, is she free from the fear of being caught again by her recruiter who would make her undergo further awful debasement? While I accept that the figure of 76 cases in seven years was given to the Minister by his officials in good faith, I do not believe it reflects the true number. The fear felt by a woman when approaching a garda is significant. I therefore caution against believing trafficking is very rare. Although 76 cases are 76 too many, I believe there are even more. The problem is opaque and I do not know how it can be made less so.

Article 26 of the Council of Europe Convention on Action against Trafficking in Human Beings proposed a non-punishment provision but it has not been included in this legislation. I hope it will be entertained by the Minister. Members are aware of the case of a woman who was incarcerated in Mountjoy Prison simply because she was trafficked into the country. She was under the cloud of having committed a crime but she committed none. The crime was on the part of the person who procured her for the purpose of prostitution. We should examine also the issue of temporary residence permits for women and children who need to stay in Ireland.

I commend the Minister, Deputy Brian Lenihan, on introducing this Bill so soon after the formation of the new Government. It demonstrates the importance of the issue. I am concerned, however, that the Bill does nothing to change the law whereby those who are trafficked can be jailed or deported. Why is that? It is a most awful experience for a human being to be trafficked. It is proposed that women can be jailed or deported for the crime of having been trafficked. When the Minister and his officials review the comments in today's debate, I hope they will consider tabling amendments to address this aspect of the Bill. The Criminal Law (Human Trafficking) Bill aims to outlaw sex with trafficking victims. Using the sexual services of a victim of human trafficking, therefore, is to be criminalised. That is to be welcomed but it is confusing and the provision does not go far enough.

It is not currently a crime in Ireland to pay a prostitute for sex. That must change. If we are to make any impact on combating prostitution and human trafficking within the sex industry, we must target the demand for such services and outlaw the act of paying for sexual services. We must clarify the law on brothel keeping and advertising prostitution — the area in which human trafficking thrives. It is illegal to run a brothel and advertise prostitution services in the State. Why can we not close down the websites which peddle the services of prostitutes and advertise the apartments and hotels where these services can be engaged? These websites are fuelling the trafficking and brothel-keeping industry. We cannot close down the websites apparently because their domain names are .com, not .ie. However, the pimps who use these sites are often in Ireland, collecting the money from the prostitutes, running brothels and trafficking women, so why can they not be arrested?

The reason arrests are not being made is that Ireland does not have a dedicated vice squad to police our makeshift legislation. The Garda National Immigration Bureau does great work, as does the Garda domestic violence unit, but the Garda does not have a designated, dedicated vice squad. The immigration bureau and the domestic violence unit must deal with their particular areas and issues, which are issues the House will debate on another day. There have been many cosmetic exercises over the years in this area, with the Garda setting up task forces and operations to combat the problem of human trafficking and prostitution.

I welcome the aspects of the Bill which set up the high level group, which will include representatives of the Garda Síochána and relevant Departments, which is to draw up an action plan. That notwithstanding, we need a serious vice squad forthwith to combat prostitution and sex slavery in this country. This is a vicious, insidious area which is cash rich and drugs ridden, where women and children are trafficked in to work as prostitutes in our apartments and hotels. As I speak, hundreds of prostitutes are working around Dublin, Limerick, Cork and Galway, and other towns and cities across Ireland. We either take this problem seriously and outlaw prostitution properly and police it properly with a vice squad, or we legalise the area. At present, it is a grey area and this Bill does not clarify it in any regard. It is clear that we need to ban it outright and be serious on the matter.

The public perception of prostitution in Ireland also needs to be considered. Only one newspaper has consistently reported on the issue, exposing the pimps and criminals of the underworld who operate brothels and traffic women and children, namely the Sunday World. We need to acknowledge that but we need to call on the other arms of the media to do the same type of work and change the public's perception of this issue in conjunction with policing it properly.

As legislators, we are responsible for ensuring those who engage in the trafficking of other human beings can be caught. Our duty is to ensure no aspect of human trafficking is allowed to continue so that it becomes one of the forms of evil we leave behind in the early days of this new century. The best way to do this is to outlaw the purchasing of sexual services in Ireland. Subject to the above, I commend the thrust of the Bill to the House.