Enda Kenny (Mayo, Fine Gael)
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Question 453: To ask the Minister for Justice, Equality and Law Reform his views on the extent of trafficking of women for sexual exploitation to and within Europe; if his attention has been drawn to estimates of at least 500,000 women being subject to such degrading and inhuman treatment; if his attention has further been drawn to the fact that Ireland is both a destination and a transit country for trafficking in both women and children; if his attention has further been drawn to the fact that persons so trafficked are both vulnerable and subject to violence; the level of monitoring to prevent trafficking to and through Ireland; his proposals to provide legal protection for the victims of trafficking; and if he will make a statement on the matter. [4234/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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There is no doubt that trafficking in human beings is a global problem. Within the EU indications are that trafficking in human beings takes place on a much smaller scale than illegal immigration. However, the nature of trafficking in human beings, including its clandestine nature and the vulnerability of victims, is such that it is harder to identify and, therefore, quantify. Consequently, it is essential that all governments are vigilant and take a proactive approach to preventing and combating the problem.

A range of practical measures and policies are in place in this jurisdiction to combat trafficking in human beings. The Garda National Immigration Bureau which was established in 2000 has an investigation unit which investigates this type of crime. The Garda Síochána takes a proactive approach and ensures that any allegations relating to trafficking in human beings are vigorously investigated. A number of specific Garda operations have been put in place to discover the extent to which Ireland has been targeted by persons suspected of being engaged in trafficking in persons, to prevent such activity and, where such activity is disclosed, to gather evidence to be used in any prosecution which may be initiated. Such operations, including Operation Quest, are ongoing. The latter operation was established under the direction of the assistant commissioner in charge of national support services to investigate allegations of trafficking of non-nationals into this country for the purpose of employment in the sex industry.

Also, a working group on trafficking in human beings, chaired by my Department, is examining the extent and nature of trafficking into Ireland for the purposes of sexual exploitation and reviewing various measures in place to combat the phenomenon.

A number of actions have been undertaken in recent years in the immigration field which contribute to the prevention of trafficking and to the protection of victims. The current immigration system in Ireland allows the authorities to deal with the victims of trafficking in a sympathetic and pragmatic way. It is recognised that it is in the interests of both the victims of trafficking and the authorities to co-operate with a view to ensuring the protection of victims and the prosecution of perpetrators. Although Ireland has not opted to participate in the EU Council directive dealing with the issue of residence permits to victims of trafficking in human beings, in practice a similar regime can be implemented under existing legislation. A number of voluntary return programmes are also in place to assist persons wishing to return to their country of origin.

In the prevention of trafficking border controls are essential. The Garda National Immigration Bureau has a key role in this area. Work on border controls cannot be confined to Ireland alone. International co-operation between police and border control authorities is essential in combating trafficking. Co-operation with carriers, combined with carriers' liability penalties, is also necessary to ensure that only people who are legitimately entitled to travel to Ireland are allowed to do so. Such co-operation assists in combating traffickers and smugglers seeking to facilitate illegal entry to Ireland.

During the course of Garda investigations gardaí liaise as necessary with Ruhama, an NGO which assists women who are the victims of violence, and persons reporting that they have been trafficked are always treated sympathetically by members of the Garda Síochána.

Regarding legislative proposals, legislation is being prepared in my Department which will create a specific offence of trafficking human beings into, through or out of Ireland for the purpose their sexual and labour exploitation. The legislation which is at an advanced stage of preparation will provide for compliance with two EU framework decisions — the framework decision combating trafficking in persons and the framework decision combating the sexual exploitation of children and child pornography. The legislation will also take account of several other international instruments such as the protocol to prevent, suppress and punish trafficking in persons, especially women and children, supplementing the UN convention against transnational organised crime, the optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Council of Europe convention on action against trafficking in human beings. In the immigration area, I am also looking at how the forthcoming Immigration and Residence Bill can assist in dealing with this issue.