Eugene Regan (Fine Gael)

I welcome the Minister, Deputy Dermot Ahern. Fine Gael supports the motion before the House. I welcome the opportunity to speak on this difficult and important issue. Human trafficking is the third most lucrative illicit business in the world after arms and drug trafficking. The Government's record in this area is not impressive. The introduction of the Criminal Law (Human Trafficking) Act 2008 was an important step. However, there are deficiencies in the legislation which are already becoming apparent in terms of its effectiveness. The Government has ignored various proposals in this area from both the Opposition and from relevant non-governmental organisations. Having said that, I welcome the publication today of the long-awaited national strategy on human trafficking, which addresses many of these issues.

Human trafficking is a growing industry in Ireland and requires the immediate provision of support and protection services. There must be a comprehensive strategy to tackle this activity. The estimated value of the sex trafficking industry in the State is €180 million, yet there have been no prosecutions to date of perpetrators of this activity. In its 2008 report, entitled Trafficking in Persons, the United States Department of State placed Ireland in the second of three performance tiers, based on an assessment of its record in prosecuting offenders, protecting victims and preventing abuses. It described Ireland as a "destination country" for women, men and children trafficked for the "purposes of commercial sexual exploitation and forced labour". The report recommended that Ireland establish formal policies and procedures to ensure victims are provided with access to protection and assistance in co-ordination with anti-trafficking non-governmental organisations and implement a visible trafficking demand reduction campaign. Thus far, the Government has made no response to these recommendations, but the plan announced today presumably represents an effort to address this.

The major problem with the Criminal Law (Human Trafficking) Act 2008 relates to its enforcement in respect of the identification of a person as a victim of trafficking. At present, there are no clear policies or guidelines for identifying a woman as trafficked. Nor is it clear what should happen to women who have been identified as victims of sex trafficking. To date, Ireland has not officially identified any victims of trafficking. The consequences for women being detected but not designated victims of trafficking are serious, ranging from arrest to deportation. Victims of trafficking who come forward to authorities effectively receive no protection. It is they - the victims, not the traffickers - who are most likely to end up in prison. They are identified first and foremost as illegal immigrants.

The focus of the Garda Síochána's efforts in tackling human trafficking should move from the Garda National Immigration Bureau to the Garda organised crime unit. Specialist anti-trafficking officers must be appointed within the force to identify and refer women in prostitution to appropriate services. There is an opportunity, on Report Stage of the Immigration, Residence and Protection Bill 2008, to put in place substantive protection procedures for victims of trafficking. Without adequate protections in place, it will be difficult to secure prosecutions at the supply end of this growing industry.

There is a difficulty with the statistics relating to human trafficking. In this regard, I welcome the undertaking in the action plan announced today to garner more reliable data on the extent of the problem. It is only when this information is available that we can identify and introduce the necessary corrective measures. Those data that are available are worrying. The recent report by the Immigrant Council of Ireland, Globalisation, Sex Trafficking and Prostitution, published in April 2009, identified a minimum of 102 women and girls as sex trafficked in 2007 and 2008, 11 of whom were children. It is estimated that up to 97% of the 1,000 women involved in indoor prostitution in Ireland at any given time are migrant women.

Concerns have been expressed in regard to proposals for the provision of temporary residence status to victims of trafficking. The reality is that if we adopt a sensible and practical application of a temporary residency system, with clear qualifying criteria, abuse of any such system should not follow. Without such protections clearly expressed for victims, they will not come forward to the Garda authorities. This is fundamental to securing convictions against those directly involved in this trade. By doing this, we are hitting the supply end of the industry.

It is clear that a purely criminal law response will not resolve the problem of human trafficking. We must provide sheltered accommodation and other support services for identified victims of trafficking and those who come forward. Fine Gael has tabled an amendment to the Housing (Miscellaneous Provisions) Bill 2008, currently on Committee Stage, to extend the remit of the Sonas Housing Association, which offers accommodation and support services to victims of domestic violence, to include a service to sex trafficked victims. I hope the Government will accept this proposal.

In the United Kingdom, the British Home Secretary has put forward proposals to introduce a provision of direct liability whereby ignorance of the status of an individual as sex trafficked is not a defence in court, which it is under the law of this State. Whether such a provision would pass the constitutional test is another matter. Senator Mullen observed that Sweden and Norway have introduced legislation criminalising the purchase of sex. Fine Gael supports such an approach in principle. It is extraordinarily inequitable and unjust that the seller of sex - to put it euphemistically - is the only criminal in the equation. However, Senator Mullen did not explain that since those two countries have decriminalised the selling of sex, this has had the effect of reducing human trafficking. While prostitution is a criminal offence in this country, it seems fair that the purchaser should also be criminalised. That is an issue in respect of which further debate is required.