Dermot Ahern (Louth, Fianna Fail)

My Department is keeping laws under review. The recent report by the Immigrant Council of Ireland is being examined. We note that the report recommends the Swedish model. Confusingly, the comparative research quoted in the report states that one in 15 men in Ireland reported buying sex compared to one in eight in Sweden. We must be careful in how we measure the success of the steps taken by Sweden and Ireland. I have asked the anti-human trafficking unit to examine the findings and any action we believe necessary will be considered and put in place. We will examine the experience of other countries.

The relationship between trafficking and immigration is clear. Victims of trafficking may experience added vulnerability in circumstances where they are present in the State illegally. The provisions of the Immigration, Residence and Protection Bill 2008, currently before Dáil Éireann, fully address this issue. However, the Government is not waiting for passage of the new legislation. On the contrary, it has brought in similar provisions on an administrative basis and acceded to Deputies' requests on Committee Stage by increasing the reflection period from 45 to 60 days, double what is provided for in the Council of Europe Convention. The Bill and the administrative arrangements also provide a temporary residence permission, in circumstances where the victim wishes to assist the Garda Síochána or other authorities with any investigation or prosecution. It is possible for me to intervene in circumstances where a person remains so traumatised as to be incapable of assisting the authorities, having been granted a period of recovery and reflection, and if the circumstances of the case are of such an exceptional and compelling nature, further consideration of the person's status in the State may be warranted. There is plenty of protection for someone we suspect is the victim of trafficking.

I do not intend to list every measure being taken to address this issue but I will outline some of the significant measures. My Department has established dedicated units in my Department, as has the Garda Síochána in the Garda National Immigration Bureau. A high level interdepartmental group, reporting to me, has been established. I attended one of these meetings. A multidisciplinary partnership approach has been adopted, consisting of an NGO, governmental and international organisations, a round table forum and five interdisciplinary groups, comprising 34 different groups dealing with different aspects of trafficking. These are awareness raising and training, development of a national referral mechanism, labour and sexual exploitation and child trafficking. I attended one of these round table meetings last year to hear the issues at first hand. An awareness raising campaign has been aimed at the public and personnel likely to encounter victims of trafficking and training for law enforcement and other front line personnel likely to encounter victims of trafficking.

I refer to provision of accommodation, health care and material assistance for potential and suspected victims by the Reception and Integration Agency in the case of adults and by the HSE in the case of children. Some NGOs and Oireachtas Members questioned the use of the Reception and Integration Agency accommodation for potential and suspected victims. I am satisfied the standard of accommodation in the Reception and Integration Agency system is suitable for suspected victims of trafficking in the same way as it is suitable for asylum seekers. All accommodation costs are paid directly by the State. Potential and suspected trafficking victims will, like asylum seekers in the Reception and Integration Agency, receive a small cash allowance, which has been assessed to take into account any benefit and privilege including full board and lodging. Potential and suspected trafficking victims will also benefit from ancillary services, including free medical screening on arrival into the asylum accommodation system. They generally qualify for a medical card, making them eligible to receive a wide range of health services free of charge, including GP services, prescribed medicines and HSE supports including public health and community welfare support. A key worker from the HSE devises a care plan for that person based on contributions of assessment of needs from a range of people, including NGOs. Ireland is providing significant assistance and protection in this respect. We are not unique in providing asylum accommodation for potential victims of trafficking. Such accommodation is already provided in Finland and, in some cases, in the UK where a person is referred by the UK borders agency. The Garda Síochána also provides crime prevention advice to potential victims, including the advice that they should not identify themselves to other residents as being suspected victims. This is suitable and acceptable.

Senator Regan referred to the determination of suspected victims. In determining whether someone is a victim of trafficking, the Garda Síochána takes into account all available information at the time the case is being considered. Each case depends on its merits and each will be determined on a case by case basis. It is important that all relevant agencies provide the Garda Síochána with all information in their possession, whether this supports a claim or otherwise, to enable it to make informed and timely decisions. At a recent meeting of the national referral mechanism working group, set up by the interdepartmental high level group, the Garda Síochána provided a detailed explanation of the process it uses to identify suspected victims of human trafficking. The indicators used are based on the general indicators published in the UN global initiative to fight human trafficking and include whether the person was deceived about the nature of the work or where the person would be working, whether the person's documents were confiscated and whether there is debt bondage or a threat of violence. Other indicators include the type of deception used, the person's legal status, whether the person has been forced to lie to friends or authorities and whether the person is dependent on those who exploit him or her. The point raised by Senator Regan has been examined. The referral group will continue to monitor it.

The Garda Síochána is to the forefront in the investigation of the crime of trafficking. I have seen this and have spoken to gardaí in the context of cross-Border co-operation with colleagues across the Border. I attended a meeting in Enniskillen last year, where over 200 law enforcement agents from both sides of the Border discussed human trafficking and how the Border is used. It is good to see co-operation between the various agencies, not just the Garda Síochána and the PSNI, in the fight against human trafficking in the island of Ireland. Having regard to the powers vested in the Garda Síochána, it is the appropriate authority to undertake a consideration as to whether there are reasonable grounds for believing an offence may have been committed or that a person may be a potential victim of human trafficking. We must operate on the basis of an objective professional assessment that what we are dealing with is a trafficking situation. That is why it has been decided the assessment is to be made by a senior Garda officer. As to which branch of the Garda Síochána should play the lead role, that must be an operational decision for the Garda Commissioner to make. In that sense, it is no different from the way in which the Commissioner assigns resources and responsibilities on a daily basis to provide the most effective law enforcement response to other serious criminal activity. The Commissioner has decided to establish a dedicated unit in the Garda National Immigration Bureau, GNIB, for the investigation of trafficking and this is a very positive development. In this context it should be recalled that although trafficking does not have to entail cross-border movement, there is a strong link with immigration and border control. Furthermore, there should be regard for the added immigration functions of an immigration officer vested in members of the Garda Síochána attached to the bureau, the role of the bureau in regard to border management and the cross-border movement of persons and its role in regard to international liaison on such matters.

As Senators are aware, there are no fixed border controls in respect of persons travelling between North and South but the Garda National Immigration Bureau, the British Border and Immigration Agency, the PSNI and the British police are engaged in close co-operation in order to deal with irregular cross-Border activities. The working relationships already established will be of immense benefit on an all-island basis and also within the common travel area. The arrangements in this jurisdiction for assessing whether a potential trafficking system exists is in line with the practice in a number of European and other countries where the equivalent competent authorities are members of their law enforcement or police forces.

Turning to recovery and reflection periods and temporary residence, I have already indicated the position. Upon identification as a potential victim of human trafficking, priority consideration is given to the grant of a period of recovery and reflection and any subsequent grant of temporary residence permission. With regard to the breakdown of cases referred by various organisations, in 2008, 96 were referred to or encountered by GNIB, with 22 referred by Ruhama; 51 were encountered by GNIB; 18 from the Office of Refugee Applications Commissioner, ORAC; three from the HSE; two from the Migrant Rights Centre Ireland, MRCI; with none from the Immigrant Council of Ireland, ICI. Until 5 June 2009, there were 55 cases encountered by GNIB and under investigation, with seven from Ruhama, 34 encountered by GNIB, eight from ORAC, two from the HSE, three from the MRCI and one from ICI.

When we speak about victims, we should not limit our thinking to the person against whom it is believed a crime has been committed. Everything possible must be done to bring the perpetrators to justice so as to prevent their committing further crimes and the creation of future unfortunate victims. We should not underestimate the importance of the contribution that a victim can make in helping the authorities investigating their case and the extent to which that co-operation may be instrumental in combating future trafficking. This is recognised in the EU directive providing for temporary residence periods for people providing this sort of assistance.

We should be clear that what we are talking about is immigration permission. The provision of protection and assistance to a victim of human trafficking is provided when an initial claim of trafficking is made. There might be some confusion on the issue of who determines access to the recovery and reflection periods. The sole authority in granting this permission is the Minister for Justice, Equality and Law Reform, and we should remember that recovery and reflection periods and temporary periods of residence are immigration permissions and thus the authority for their grant is the same as for any other immigration permission. The Minister acts on foot of a Garda assessment as described already.

Whereas the assessment of whether there are reasonable grounds to believe that trafficking has taken place is made by a Garda superintendent, this does not mean that there is no role in the process for other organisations or individuals. On the contrary, it may well be the case that possible instances of trafficking will first be brought to the attention of these organisations, as I indicated with the figures provided. There is therefore a key role for those bodies or individuals to engage with the State authorities, and to do so at an early stage, so as to assist both in the investigation of the offence and also in the identification of potential victims of human trafficking.

For the potential victims themselves it is important that they are encouraged and supported in engaging with the authorities and in particular with the Garda National Immigration Bureau special unit. Everyone has a responsibility in this area and the input victim support agencies and others can have is extremely important.

I do not stand before the House and claim that everything we are doing in guarding against trafficking is perfect and needs no change. The phenomenon is relatively new to this jurisdiction and this is why I have stated in the national plan published today that it will be a living document, which will be kept under review and updated with regard to laws relevant to prostitution. It has been specially drafted to allow for flexibility in its recommendations and to adapt to challenges presented and evolve as our understanding, knowledge and practical experiences of human trafficking grows. Furthermore, a structured mid-term review of the plan will take place in connection with relevant stakeholders.

It is against this background that I contribute to this debate. I thank the Senators for contributing to it also and bringing the issue forward. We do not underestimate this problem in our country and we take it very seriously. I reject any suggestion to the contrary. I thank all the NGOs which participate in the contact with my Department and the other State agencies. This is the epitome of public and private bodies working intensely together. The new legislation, in force since 7 June, needs time to bed down but if any changes are required, I will make them.

I look forward to the speedy passage of the immigration Bill, which is significant legislation. As I have already noted, before that comes into place I have already positioned administrative arrangements to deal with the potential victims of human trafficking.

I do not want it to go out from this House or the Oireachtas that the Government is in any way indolent in its response to this issue. I have spoken to the Garda Commissioner on many occasions in regard to this issue, which is very serious, to ensure it is top of the agenda. In the policing plan issued some time ago by the Garda Síochána, I pushed an open door in having this as one of the key objectives for the Garda to deal with in conjunction with colleagues across the Border and on the neighbouring island. I thank Senators and I am delighted to have had the opportunity to speak on the matter.