Jack Wall (Kildare South, Labour)
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Question 56: To ask the Minister for Justice, Equality and Law Reform the procedures which are in place to prevent the trafficking of women to Ireland for purposes of the sex trade; when the promised legislation to outlaw such trafficking will be in place; and if he will make a statement on the matter. [22151/06]

Bernard Allen (Cork North Central, Fine Gael)
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Question 58: To ask the Minister for Justice, Equality and Law Reform if he has discussed with his European Union counterparts the unacceptable incidence of human trafficking across Member States of the European Union; and if he will make a statement on the matter. [19808/06]

Michael D Higgins (Galway West, Labour)
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Question 214: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the levels of human trafficking, primarily of women into Ireland for prostitution from countries including but not limited to Moldova, Lithuania, Romania, Mongolia, Nigeria and Brazil, who are tricked into coming here on false pretences of work and who upon arrival are forced into prostitution; the number of such persons as is known or estimated; and the vigilance which is being exercised in trying to stop these practices. [22274/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 56, 58 and 214 together.

By its very nature, human trafficking is a clandestine activity and, owing to the intimidation associated with it, victims are often reluctant to come forward to the authorities. This is the experience internationally and, for these reasons, it is impossible to be precise about the extent of human trafficking into Ireland. In common with other EU countries all the indications are that, in Ireland, trafficking in human beings takes place on a much smaller scale than illegal immigration. In the recently published United Nations Report "Trafficking in Persons Global Patterns" Ireland ranks at the low end of destination or transit countries in western Europe. This analysis is confirmed by the US State Department's Trafficking in Persons Report 2006, which was published on 5 June and highlights the approach to human trafficking in 158 countries. The report states that "while Ireland has a growing population of migrants, there is not yet evidence of a large number of trafficking victims".

The US states that the Government "has shown openness and leadership" in tackling human trafficking. It further states that the Government "has demonstrated strong leadership and initiative in addressing trafficking through law enforcement means" and "vigorously investigated cases of suspected trafficking reported by NGOs, potential victims themselves, and those reported in the media". The report also states that the "Government of Ireland demonstrated strong engagement with international organisations, NGOs, and potential source countries on trafficking" and that "NGOs reported excellent cooperation with government and police officials, particularly at the operational level".

Garda operations have uncovered a small number of trafficking cases. These indicate the involvement of eastern European nationals in trafficking and attempted trafficking activity. The Garda have encountered a small number of cases of eastern European women being trafficked into Ireland for the purpose of sexual exploitation within their own ethnic communities.

An Garda Síochána and the Garda National Immigration Bureau (GNIB), in particular, take a proactive and vigorous approach in preventing and combating trafficking of human beings. The GNIB works closely with other specialist units, e.g., the Garda Bureau of Fraud Investigation, the Garda National Drugs Unit, the National Bureau of Criminal Investigation and the Criminal Assets Bureau. A number of ongoing Garda operations, including "Operation Hotel" and "Operation Quest", are in place to tackle the phenomenon. The approach taken in tackling trafficking is, where possible, to prevent it occurring, or where it does occur, to seek to prosecute the perpetrators and to protect the victims.

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 and children 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.

Under the Child Trafficking and Pornography Act 1998 it is an offence, punishable by up to life imprisonment, to traffic a child into, through or out of Ireland for the purpose of sexual exploitation. For the purposes of this Act, a child is a person under 17 years of age. It is also an offence under the Illegal Immigrants (Trafficking) Act 2000 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 or a person who intends to seek asylum. The maximum prison sentence on conviction for this offence is 10 years. In trafficking cases, it is also possible for the prosecuting authorities here to bring charges for a range of offences covered by our criminal law, including sexual offences, false imprisonment, possession of false documents, etc.

Legislation which will create a specific offence, in accordance with EU, United Nations and Council of Europe instruments on trafficking, of trafficking persons into, through or out of Ireland for the purpose of their sexual or labour exploitation is at an advanced stage of preparation in my Department. The legislation will be comprehensive, providing further protection to vulnerable persons against sexual abuse and amending provisions in existing Acts making them more relevant in the light of experience gained from their operation.

This legislation 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.

It is proposed that the legislation, provisionally titled the Criminal Justice (Trafficking in Persons and Sexual Offences) Bill, should be published in 2006 and enacted in the lifetime of this Dáil. It has taken longer than expected to prepare because of the extent of the issues it will cover and the need to await the adoption of the Council of Europe instrument on trafficking so that it too could be taken into account in the legislation.

Successful prosecutions, no matter what legislation is in operation, will depend on the existence of evidence that will stand up in court and for that to happen, there must be a willingness to co-operate with Garda investigations. That is partly why, on 5 May, I launched a poster campaign. This campaign, which is facilitated by Crimestoppers, will help raise awareness of trafficking among the general public. It will also provide an important point of contact for those who may be victims of, or vulnerable to, this insidious crime. The posters are being displayed at airports, ports, bus and railway stations, among other places. Anyone who rings the free phone number 1800 25 00 25 can be assured that the call is anonymous, safe and free of charge. Victims of trafficking, or anyone with knowledge of trafficking activities, should not be afraid of contacting the authorities for assistance. An Garda Síochána, my Department and the International Organisation for Migration are all participating in the campaign and are available to provide whatever assistance is necessary to victims who come to our attention.

In May also, I published on the Department's website the report of a working group on human trafficking comprising representatives of my Department and An Garda Síochána. I fully support the conclusions and recommendations in the report, which is clear evidence that my Department and An Garda Síochána are committed to tackling human trafficking at a national level and to working with our European Union and other colleagues to tackle it internationally.

The issue of human trafficking is a priority at EU level and is discussed regularly by Justice and Interior Ministers and by officials within the framework of the Council. An EU Action Plan on Trafficking in Human Beings was agreed by the Council in December, 2005 and Council conclusions on preventing and combating trafficking of human beings on the basis of the Action Plan, including trafficking in connection with major international events, were agreed by the Council in April, 2006.

I should add that inter-Governmental, bilateral agreements were concluded with Poland and Bulgaria in December, 2005. These cover a range of criminal justice matters, including co-operation in combating trafficking in persons. Negotiations are ongoing in relation to proposals for agreements with other eastern European countries.