Written answers

Tuesday, 24 April 2007

Department of Justice, Equality and Law Reform

Proposed Legislation

11:00 pm

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 118: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will introduce measures to have the UN protocol to prevent, suppress and punish trafficking of persons, particularly women and children, and the Council of Europe's Convention on Actions Against Trafficking in Human Beings ratified; and if he will make a statement on the matter. [14304/07]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 119: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his legislative proposals in regard to human trafficking in order to prevent this human rights abuse, penalise those who engage in it, protect and rehabilitate those trafficked; and if he will make a statement on the matter. [14305/07]

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 127: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views in regard to submissions (details supplied); if his Department detected such tragedy here; if so, the action taken; the action he has taken through his contacts at EU or other such organisations; if the Government ratified all UN protocols in regard to the matter; and if he will make a statement on the matter. [14341/07]

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 205: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will bring before Dáil Éireann as a matter of emergency the criminal law (trafficking in persons and sexual offences) Bill; if he will enshrine the rights of victims of human trafficking in the Bill; and if he will make a statement on the matter. [15041/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 118, 119, 127 and 205 together.

As I informed the House previously, the Government approved the drafting of the Criminal Law (Trafficking in Persons and Sexual Offences) Bill 2006 last July. It is at present being drafted in the Office of the Parliamentary Counsel. The Bill is criminal law legislation which will implement the criminal law aspects of EU, UN and Council of Europe instruments on trafficking by creating offences of recruiting, transporting, transferring to another person, harbouring or knowingly arranging or facilitating — (a) the entry into, travel within or departure from, the State of a person, or (b) the provision of accommodation or employment in the State for that person, for the purpose of that person's exploitation. The term "exploitation" in the Bill is defined as meaning sexual or labour exploitation or the removal of a person's organs for the purpose of transplanting into another person.

The UN Protocol to prevent and punish trafficking in persons, especially women and children, was signed by Ireland in December 2000 and the Government recently authorised the Minister for Foreign Affairs to arrange for the signing by Ireland of the Council of Europe Convention on action against trafficking in human beings. This was done on 13 April 2007. In addition, the forthcoming Immigration, Residence and Protection Bill, which is expected to be published shortly, will on enactment provide for a number of immigration related matters so as to comply with the relevant protection provisions in the Convention. In particular, in the context of the treatment of victims, the Bill will provide a framework whereby a victim of trafficking will be afforded an immediate period of recovery and reflection in the State and also, in circumstances where he or she wishes to participate in any criminal proceedings in the matter, a further period of residence in the State to enable him or her to do so. On enactment of these pieces of legislation, Ireland will be in a position to ratify the international instruments on trafficking. I am informed by the Garda authorities that they take a proactive approach and are ever vigilant to ensure that any allegations relating to the trafficking of women or children for sexual exploitation are vigorously investigated. In common with other EU countries, to date, all the indications are that, in Ireland, trafficking in human beings takes place on a much smaller scale than the facilitation of illegal immigration, i.e., smuggling of persons. Targeted Garda operations have been successful in disrupting trafficking activity.

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