Ruairi Quinn (Dublin South East, Labour)
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Question 255: To ask the Minister for Justice, Equality and Law Reform if EU Directive 2004/81/EC has been transposed into Irish law; if not, the reason Ireland has not met the deadline for transposition; the steps he intends to take to protect the victims of human trafficking; the Government's position and responsibilities in relation to European Council Framework Decision 2002/629/JHA; the details of the unit in An Garda Síochána that is tasked with preventing human trafficking, including the resources and staffing available to it; and the funding allocated specifically to combating human trafficking for each year from 2002 to date in 2006; and if he will make a statement on the matter. [18596/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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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.

Under current Irish Criminal Law it is an offence, punishable by up to life imprisonment, to traffick a person under 17 years of age, male or female, into, through or out of Ireland for the purpose of that person's sexual exploitation. This is provided for in the Child Trafficking and Pornography Act 1998.

Under the Illegal Immigrants (Trafficking) Act 2000, it is an offence for a person to organise or knowingly facilitate the entry into Ireland of another person whom that person knows or has reasonable cause to believe is an illegal immigrant. The penalty on conviction on indictment for this offence is a maximum of 10 years imprisonment or an unlimited fine or both. Inevitably, when a person is trafficked for the purpose of sexual exploitation other serious offences will be committed, such as rape, sexual assault, assault and false imprisonment.

Legislation creating an offence of trafficking in persons for the specific purpose of sexual or labour exploitation is contained in the draft Criminal Justice (Trafficking in Persons and Sexual Offences) Bill which is at an advanced stage of preparation in my Department. This Bill will allow for compliance with the EU Framework Decision on combating trafficking in persons adopted by the Council of Ministers on 19 July, 2002. The legislation will also allow for full compliance with the later EU Framework Decision on combating the sexual exploitation of children and child pornography.

The criminal law aspects of other international instruments will also be taken into account in the preparation of the legislation. These instruments are the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime, the Optional Protocol to the UN 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. I intend to seek Government approval to draft this Bill very soon and expect that it will be published later this year.

Regarding the level of Garda resources tasked with preventing human trafficking, a joint task force, which pools the resources of specialist Garda units and detective units, has been established. The Garda National Immigration Bureau (GNIB) acts as the lead unit for the task force. Other specialist units involved include the Garda Bureau of Fraud Investigation, the Garda National Drugs Unit, the National Bureau of Criminal Investigation and the Criminal Assets Bureau. The GNIB includes a number of sections that have an investigative role and thus play a significant part in the prevention and detection of human trafficking.

In view of the exponential growth in the level of immigration in Ireland in recent years, all members of An Garda Síochána are advised of the need to be mindful of the possibility of trafficking in women for sexual exploitation. If evidence of trafficking for such purposes is disclosed in any case, investigations are conducted.

A training programme has been prepared for delivery to key Garda personnel throughout the State. This training programme has been designed specifically to enable members of An Garda Síochána identify victims of trafficking whom they encounter in the course of their duties, ensure that members fully understand the complexity of the phenomenon and ensure that victims receive appropriate assistance from all the relevant agencies. The current strength of the GNIB is 161 members of An Garda Síochána. The Unit also has 32 civilian personnel. Substantial funding is provided by my Department to Ruhama, a community based project. This funding is not exclusively used to combat human trafficking; it provides services to women in prostitution, including women who may have been trafficked.