Dermot Ahern (Louth, Fianna Fail)

I welcome the opportunity to contribute to this debate. Senator O'Toole exhorted me to take this matter seriously. I hope he was not suggesting I do not take it seriously because nothing could be further from the truth. I am glad the proposers of the motion have welcomed the launch earlier today of the national action plan to prevent and combat trafficking in human beings in Ireland for the years 2009 to 2012. I will use this opportunity to enlighten some of the Senators in respect of the type of measures we have put in place during the past 18 months. While I am not seeking credit, they should acknowledge that some fairly significant changes have taken place in this area.

The publication of the national action plan is a landmark in the approach we are taking to dealing with the scourge of trafficking. In the circumstances, it is particularly appropriate that we are debating this matter today. The plan sets out the measures which have already been undertaken to prevent trafficking, protect victims and prosecute offenders. It also identifies areas in respect of which further action is required and sets out the structures which, when fully in place, will allow Ireland to ratify the international instruments dealing with trafficking in human beings.

The plan is based on what is known as the three Ps in the area of trafficking, namely, prevention, protection and prosecution. Among the future initiatives planned are awareness raising by means of targeted campaigns, educational and other programmes, information aimed at law enforcement and front line personnel, victims, migrant communities, countries of origin; the provision of legal advice and assistance to potential and suspected victims of trafficking by the Legal Aid Board; the development of a data strategy to establish the nature and extent of human trafficking in Ireland which will provide an evidential basis for future policies and programmes to tackle trafficking in persons; the provision of comprehensive information outlining the rights and services available to potential and/or suspected victims and the contact details for organisations which will be useful to a potential and-or suspected victim; and measures to ensure the security and integrity of passports, travel and identity documents.

Senator Mullen referred to significant work done by Ruhama and a number of other NGOs in this area. My Department has funded Ruhama to the tune of €320,000 this year. Some €250,000 of this money came from the probation service and is devoted to court and outreach work, advocacy and assisting trafficking victims. In addition, a €60,000 grant was provided by the victims of crime office to allow representatives of Ruhama to accompany victims to court. The Senator must acknowledge we have provided significant assistance to Ruhama in this regard.

I wish to outline some of the developments in the fight against the crime of trafficking. The Criminal Law (Human Trafficking) Act is the primary and most recent legislative measure underpinning the Government's fight against this despicable crime. I do not accept the comments made by Senator Regan. Legislation is always a living document and can and should be changed, depending on the circumstances that arise. However, this legislation has only been in operation since 7 June 2008. While there are no prosecutions being pursued at present, investigations are taking place. When legislation relating to this area was enacted in 2000, it was many months before cases were brought. Later I will provide figures with regard to the number of investigations that are taking place.

The Criminal Law (Human Trafficking) Act 2008 creates offences criminalising trafficking in persons for the purpose of their sexual or labour exploitation or for the removal of their organs and provides penalties of up to life imprisonment for anyone found guilty of committing these offences. This Act is a milestone in our determination to rid this country of the scourge of traffickers and to ensure that nothing in our criminal justice system acts as a discouragement to trafficked persons from seeking assistance and, ultimately, from giving evidence against the traffickers. A number of investigations into allegations of trafficking under the provisions of the Act are ongoing. When these are complete an investigation file will be prepared and submitted to the law officers for consideration as to what charges, if any, can be brought. Neither I nor the Government are the actors in respect of this matter. The Garda must investigate matters, produce files and then submit them to the DPP, who is independent in his functions.

A number of provisions in the 2008 Act also offer protection under the criminal law to trafficked persons. Witnesses may fear for their own safety and possibly the safety of their families in their home countries. For that reason, the Act provides for the exclusion of the public from court proceedings and, in addition, victims are granted anonymity. In addition, a trafficked person will be able to give evidence, whether in Ireland or abroad, through a live television link.

One issue that was the subject of much comment during the debates on the 2008 legislation was that of prostitution. Where that was directly relevant to the legislation, it was addressed through the tabling of ministerial amendments that made it an offence to solicit or importune a trafficked person, in any place, for the purpose of prostitution. A person convicted on indictment for the offence could face up to five years' imprisonment.

Pressure was exerted upon us with regard to criminalising soliciting by clients in all circumstances and, simultaneously, to decriminalise soliciting by prostitutes. This pressure was resisted during the debates that took place in this House and in the Dáil because of lack of evidence with regard to the results of such a radical change in the law. I am conscious of the statements that have been made by Members of both Houses and this is a matter I will keep under constant review. I have informed officials of my Department working in the areas of human trafficking and criminal law that I will continue to monitor the position carefully and that, if necessary, I will change the law if evidence which shows a radical change of this nature would make a difference is presented to me.

As a result of changes in our legislation, it is an offence for a person to solicit another person in a street or public place for the purpose of prostitution. The offence can be committed by the customer, male or female, the prostitute, male or female, or a third party acting for them. The term "public place" is defined to include any place to which the public has access whether as of right or by permission or whether subject to or free of charge. The related crimes of living on the earnings of a prostitute, the organisation of prostitution, procuring a woman or girl for prostitution, advertising of brothels, the services of prostitutes and causing and encouraging the prostitution of a child are also criminalised under various legislation. My Department is currently preparing legislation that will make it an offence to have sex with a child under 18 years of age in exchange for money or some other consideration or by abuse of a position of trust, authority or influence over that child.

As already stated, I will keep the laws on prostitution under review and we are monitoring the position in other countries. If we come to believe that there is a need to change the law, I will bring forward proposals in the usual way. Reference was made to Sweden and one or two other countries where the purchase of sex, as it is described, in any place is a criminal offence and where the selling of sex in any place has been decriminalised. Norway has adopted a law similar to that which obtains in Sweden. However, Finland, Sweden's other neighbour, adopted a law similar to that which obtains here.

The position in the UK is not as stated in the report in The Irish Times today. As I understand it, the Policing and Crime Bill 2009 is on Committee Stage in the House of Lords. This Bill makes it a crime to pay for sex with someone who has been the subject of force, deception or threats of a kind likely to induce or encourage the provision of a sexual service. This provision is similar to that contained in section 5 of the Criminal Law (Human Trafficking) Act 2008. I am of the view, therefore, that we should not always assume our laws are inferior to those of other jurisdictions. The well thought out Irish laws governing the criminalisation of public soliciting for the purpose of prostitution, the running and advertising of brothels and the organisation of prostitution were introduced to deal with conditions that obtain in this country. Any changes will be for the same reason. Any legislation amending the laws on prostitution would have to take the interest of prostitutes into account. I regard prostitution as primarily a social problem, with the criminal law intervening only when other persons are adversely affected or a criminal offence is committed. To change the law, I would have to be satisfied any such change would be in the interest of prostitutes, would not leave them open to even greater exploitation by pimps, would not make it easier to persuade young boys or girls into prostitution, and would not increase the danger experienced by prostitutes by driving prostitution underground or leaving them exposed to a more violent type of client who is not put off by changes in the law. Considering the experience in Sweden, there are suggestions that prostitution has gone further underground because of the changes in the law.