Michael D Higgins (Galway West, Labour)
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Question 211: To ask the Minister for Justice, Equality and Law Reform the reason Ireland has not yet signed the 2004 EU Council Directive on residence permits, or the 2005 Council of Europe Convention on Action Against Trafficking in Human Beings, both of which would allow for residence permits for victims while they receive counselling and consider whether they are able to give evidence on foot of their ordeal. [22271/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have already outlined on a number of occasions Ireland's position on the European Council Directive on residence permits for victims of trafficking. In practice this Directive does not require us to do anything which we cannot already do under our existing immigration legislation and practice. It would require more formalised procedures that we currently have, but in any event we have the ability to deal with trafficking victims on a case by case basis, dealing appropriately with their needs. I am keeping an open mind on future participation in this Directive.

As regards the signing and ratifying of the 2005 Council of Europe Convention on Action against Trafficking in Human Beings, I am taking the necessary steps to bring Irish criminal law into line with the requirements of the Convention. I am also examining the other provisions of the Convention and I am keeping the matter under review. 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 comply with the EU Framework Decision on combating trafficking in persons for the purpose of sexual exploitation and will also fulfil the criminal law requirements of two other international trafficking instruments, including the 2005 Council of Europe Convention on action against trafficking in human beings.