Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 213: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he will introduce legislation to criminalise the trafficking in persons; and if he will make a statement on the matter. [40458/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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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 has been approved by Government and is currently being drafted in the Office of the Parliamentary Counsel. This Bill will comply with the EU Framework Decision on combating trafficking in persons for the purpose of their sexual and labour exploitation and will also fulfil the criminal law requirements of two other international trafficking instruments, the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, which supplements the UN Convention against transnational organised crime and the 2005 Council of Europe Convention on action against trafficking in human beings. However, the Bill will be more comprehensive than only dealing with trafficking issues; it will also provide greater protection to vulnerable persons against sexual abuse and generally keep our legislation in that respect up to date. In that it will, inter alia, provide for compliance with a second EU Framework Decision negotiated after the trafficking instrument, that is, the Framework Decision combating the sexual exploitation of children and child pornography.

Denis Naughten (Longford-Roscommon, Fine Gael)
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Question 214: To ask the Tánaiste and Minister for Justice, Equality and Law Reform when he will sign the UN protocol on Trafficking and the Council of Europe Convention on Action against Trafficking in Human Beings; and if he will make a statement on the matter. [40459/06]

Michael McDowell (Dublin South East, Progressive Democrats)
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The Child Trafficking and Pornography Act 1998 created an offence of trafficking persons under 17 years of age into, through or out of the State for the purpose of sexual exploitation. The maximum sentence on conviction is life imprisonment. Under the Illegal Immigrants (Trafficking) Act 2000, it is an offence to organise or knowingly facilitate the entry into Ireland of a person who is reasonably believed to be an illegal immigrant or a person who intends to claim asylum. In this case the maximum prison sentence is 10 years.

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. This Bill will comply with the EU Framework Decision on combating trafficking in persons for the purpose of their sexual and labour exploitation and will also fully comply with the criminal law requirements of the Protocol to prevent, suppress and punish trafficking in persons, especially women and children, which supplements the UN Convention against transnational organised crime and the Council of Europe Convention against trafficking in human beings. The proposals contained in the Bill have been approved by Government and are currently being drafted in the Office of the Parliamentary Counsel.

More generally, Ireland's position as regards the Convention on Trafficking is under consideration at present. It is important to separate the issues of how Ireland deals with victims of trafficking from that of signature of the various international instruments in this area. The current Irish immigration system allows the authorities to deal with the victims of trafficking in a sympathetic and pragmatic way. Our non-participation to date in the international instruments referred to is not having a negative impact on victims who come to notice here. Any necessary assistance is provided to victims by the services of the State.