Seán Power (Kildare South, Fianna Fail)

I thank all the Senators who contributed to this debate for their comments, which were, in general, positive. Their contributions are much appreciated. It is clear we all share an abhorrence of the evil trade of trafficking in human beings and wish, not only to tackle it in Ireland, but internationally through police co-operation and heightened awareness.

The Department's opening contribution mentioned we are adopting a holistic approach to the challenge posed by trafficking in human beings. An holistic approach does not necessarily mean that we will include all our responses and initiatives in one Bill, or even that everything must be done by way of legislation. It means that when we add together all the initiatives taking place, of which the Bill is one important part, we will have a comprehensive policy response that ensures that human trafficking is tackled at every level, including the protection of victims.

There is no need to repeat in any detail how we will give effect to that policy as it is on the record of the House. The Bill represents just one of four strands of a comprehensive strategy to tackle trafficking in human beings. All four strands will develop side by side so that, for example, the enactment of the criminal offences legislation dealing with immigration issues, a more structured scheme of victim protection, the provision of services to victims and awareness raising will take place contemporaneously. The Minister for Justice, Equality and Law Reform assured the Dáil when the Bill was going through that House that when the legislation comes into operation one month after its enactment, the recovery and reflection and residency provisions in the Immigration, Residence and Protection Bill will apply to trafficked persons on an administrative basis, as if that Bill was already in operation on that date. This will ensure that the gap between the coming into operation of the two pieces of legislation will be filled by administrative action in that respect. I can give the same assurance to the Seanad today.

Our primary goals in the field of trafficking are to ensure that the criminal gangs involved in this evil trade are put out of business and behind bars, that victims will be protected, receive all necessary supports and have no fear in giving evidence in court, that country citizens will receive the necessary residential rights under the Immigration legislation and, finally, the early ratification of the relevant international instruments, in particular the Council of Europe convention on action against trafficking in human beings. Before the Council of Europe convention can be ratified, the proper structures must be in place. Chapter VII of the convention establishes a strict monitoring mechanism for the implementation of the convention by a group of experts, which shall be known as GRETA. The evaluation procedure for the parties to the convention may include country visits. The Minister said in his opening address that this legislation alone is not sufficient for ratification of the convention. For that reason, he has established a high level group to recommend the most appropriate and effective response to protecting victims, in line with the requirements of the Council of Europe convention. It is also the reason he established a dedicated anti-trafficking unit, headed by a recently appointed executive director.

Where legislation is needed, such as in criminal and immigration laws, that is being provided. Also, where administrative measures are required, they will be provided. I assure Senators that victims of trafficking will receive all the necessary protection and services that are provided for in the United Nations and Council of Europe instruments on trafficking. If we cannot do that, we cannot ratify those instruments.

I would now like to respond to the specific issues raised by Senators in the course of the debate. My responses are not in any order of importance, but more or less in the order they were made.

Senator Regan referred to the delay in bringing the Bill forward, considering that the Council framework decision was due for compliance in August 2004. That is true, but it would be unusual to legislate for a subject that was still being negotiated at the time. I refer to the Council of Europe convention against trafficking in human beings, which was finalised in 2005. The general scheme of a Bill, of which trafficking was just one component, was published in 2006 but, because it was proving difficult to get the Bill finalised, the Minister decided, on taking up office, to extract the trafficking provisions and provide for them in a separate Bill as a matter of urgency. That is the reason we are in a position to debate this Bill today and why it will shortly become law.

Senators Regan and Fitzgerald maintained that the period of recovery and reflection in the Immigration Bill will only apply to third country nationals. That is true. Persons from the EU member states of Eastern Europe have a right of residency in this country and their need for protection and the services to be provided to them will be catered for administratively in the national action plan being drawn up by the high level group.

Senator Regan also commented that the work of the high level group would be improved by the participation of the NGOs. Part of the remit of the group is to decide on the most appropriate way to engage constructively with the NGOs and other interested persons to ensure the most effective response to trafficking in human beings. Accordingly, the matter will be considered at the first meeting of the high level group which will take place early next month.

Senators O'Donovan and Norris referred to trafficking for the purpose of transplanting human organs. This is included in the Bill in order to comply with the United Nations and Council of Europe instruments on trafficking. However, there is no evidence of such trafficking into Ireland or, for that matter, into the member states of the European Union. That is why such trafficking does not feature in the EU trafficking framework decision.

Senator Bacik considered that immigration issues should not be separated from the criminal issues and should, accordingly, be included in the Bill. The Senator has a point, but the greater argument can be made that not separating the immigration issues from immigration matters generally and that placing all immigration issues in one Bill that deals comprehensively with policy on that subject is preferable. I emphasise again that the Immigration, Residence and Protection Bill deals only with immigration issues. Protection issues which do not have immigration aspects will be dealt with administratively.

Senators Bacik and McDonald argued for a non-punishment clause in this Bill but such a statutory clause, providing complete immunity from prosecution, would be at variance with the independence of the Director of Public Prosecutions. I am happy to rely on the common sense and discretion of the investigating and prosecuting authorities when dealing with trafficked persons.

Senators Bacik, Fitzgerald, McDonald and Mullen also asked that we consider adopting the Swedish system of criminalising the purchase of sex and decriminalising the sale of sex. The Swedish laws have been studied in the Department of Justice, Equality and Law Reform and are being kept under constant review. To date, the arguments for adopting that system are not totally convincing and the lack of adoption of the Swedish laws in other countries is also relevant. There appears to be a drop in the number of street prostitutes in Sweden, although the level of reduction is disputed. Furthermore, the level of prostitution via the Internet, mobile telephones and hotel rooms is also unclear. Neighbouring countries have reported an increase in prostitution. The fact is that demand does not disappear because of a change in the law; it is simply displaced. We are examining whether it would be feasible to draft an amendment creating an offence of soliciting a trafficked person for sex in the knowledge or belief that he or she was trafficked. Such an amendment must be credible and not just inserted for the optics.

Senators Boyle and Alex White referred to legislation providing for enabling provisions, thereby shifting the power to make or to elaborate on the laws through secondary legislation or ministerial regulation. This Bill contains no such power. In recent years, decisions of the courts have greatly curtailed what can be left to ministerial regulations. I remind Senator Alex White that his party proposed, in the Dáil, an amendment on victims' rights that would have enabled the Minister to promulgate a code of victims' rights in respect of victims of trafficking.

Senator Mary White read out a graphic would-be job description for a woman trafficked for the purpose of sexual exploitation. Her words confirm that the actions being taken on so many levels, including in this Bill, are not only worthwhile but essential. The Minister mentioned in his opening speech the establishment of a dedicated anti-trafficking unit in the Department of Justice, Equality and Law Reform and the significance of the establishment of that unit should not be underestimated. It is not every new or newly-significant issue that results in the establishment of such a dedicated unit. It will be in a position to drive the response to trafficking and to ensure that all the necessary protections and services are available to alleged victims.

Senator Fitzgerald raised a number of issues today, with which I will now deal briefly. The Senator called for the term "deceit" to be inserted into the Bill. However, the term "deceived" is already included in section 5(1)(b), which will no doubt satisfy the Senator. She also referred to the possibility that residing rights might be seen as an incentive that could affect the subsequent prosecution of a trafficker. This is dealt with in the Immigration, Residence and Protection Bill, which was prepared in the light of expert legal advice. It is relevant that the residency rights are temporary in nature.

Senator Fitzgerald also raised the issue of awareness of the issue among gardaí. In that context, I must point out that a total of 150 police officers from the Garda Síochána and the PSNI were trained in prevention, protection and prosecution measures relating to trafficking in human beings during the period 2006 to 2007. The officers who received the training were selected as being those most likely to encounter victims of trafficking, in the Border, immigration and detective units nationwide. The training was designed by the Garda Síochána, in conjunction with the International Organisation for Migration. Non-governmental organisations such as Ruhama and Migrant's Rights gave presentations to participants, based on their interactions with the victims of trafficking. From the point of view of awareness, everything that could be done has been done but this is an area that will be kept under review and if further training is required, it will be provided.

Senator Fitzgerald also referred to lap dancing clubs. While existing legislation does not specifically cover the licensing of lap dancing clubs, the sale and consumption of intoxicating liquor in such clubs is controlled by the Licensing Acts, 1833 to 2004 and the Registration of Clubs Acts, 1904 to 2004. Therefore, it is open to the Garda Síochána to enter such premises for the purposes of preventing or detecting the violation of any of the provisions of the licensing laws. Where circumstances so warrant, it is also open to the Garda Síochána to object to the granting or renewal of licences for the sale of intoxicating liquor in these establishments. Licences for the sale of alcohol must be renewed annually, in September, and it is open to any person, not just a member of the Garda Síochána to lodge an objection to renewal in any case. This can be done, for example, on public order or nuisance grounds. It is also possible to object to the granting of special exemption orders, which permit late opening. I understand there is a group within the Department of the Environment, Heritage and Local Government which is examining the issue of the regulation of premises used in the sex industry.

I am familiar with one lap dancing club which opened close to my own home. It caused a lot of concern as it was located in a most unsuitable area. However, through a lack of business, the club eventually closed down and the premises reverted to its previous business of selling pints to the locals. I can identify with what Senator Fitzgerald said regarding the need for locals to have a say in the type of activities that are carried on in premises in their neighbourhoods.

The Garda Síochána has taken a proactive approach and is very vigilant in ensuring that any allegations relating to the trafficking of women for sexual exploitation are vigorously investigated. While evidence of the involvement of criminal gangs in the trafficking or smuggling of non-nationals into the State is scarce, a number of specific operations have been put in place with a view to the prevention and detection of such activity. One such operation is operation quest, the objective of which was to investigate allegations that non-nationals were being illegally brought into the State for the purpose of employment in the sex industry. The main target of the operation was activity associated with lap dancing clubs.

In the course of operation quest, several hundred non-national lap dancers were interviewed and asked how they came to be employed in the sex industry. During interviews conducted by the investigating officers, one case was identified where it was suggested that trafficking was a factor. A subsequent investigation resulted in the identification of a suspect, who is a Bulgarian citizen. It is suspected that he operates throughout Europe, using a number of aliases. It is also believed that while he has been in this jurisdiction, he has since left. None of the other women made any allegations of mistreatment or showed any indication that they were victims of trafficking. Prosecutions of the owners and managers of lap dancing clubs were commenced in all cases where breaches of legislation, for example, the Employment Permits Act of 2003, were detected.

Senator McDonald made reference to the fact that we do not have a dedicated vice squad. As Senators will be aware, the deployment of resources is a matter for the Garda Síochána but it must be pointed out that the domestic violence unit is also a sexual assault unit.

Senator Mullen referred to the lack of protection for victims. However, as was mentioned during the Second Stage debate, victims of trafficking, whether from within or outside the European Union, will be protected and will receive all the necessary services, which will be set out in the national action plan being prepared by the high-level group.

I hope I have dealt with the main points that arose in the debate. It was an invigorating debate that covered a large area of policy on trafficking. Immigration policy was a recurring theme and there will be ample opportunity to discuss it further in the debate on the Immigration, Residence and Protection Bill in the coming weeks and months. However, the main theme of the debate was the overwhelming concern expressed by all speakers for the plight of the unfortunate victims of trafficking and what our response should be to the challenges it poses. I am satisfied the responses I have detailed today and the opening speech made by my colleague indicate that we are adopting the correct approach which will make Ireland a very hostile place for traffickers and a friendly and humane place for alleged victims, irrespective of whether immigration issues are a factor.

If I have not had time to deal with particular issues raised by Members, they can contact the Department and we will provide them with detailed responses where possible. I thank Members for their constructive contributions.