Leo Varadkar (Dublin West, Fine Gael)
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Question 883: To ask the Minister for Justice, Equality and Law Reform when he will ratify the UN protocol to prevent, suppress and punish trafficking in persons especially women and children; and if he will make a statement on the matter. [19786/07]

Leo Varadkar (Dublin West, Fine Gael)
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Question 884: To ask the Minister for Justice, Equality and Law Reform when he will ratify the Council of Europe Convention on Action Against Trafficking in Human Beings; and if he will make a statement on the matter. [19787/07]

Leo Varadkar (Dublin West, Fine Gael)
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Question 885: To ask the Minister for Justice, Equality and Law Reform the measures he will take to combat the problem of human trafficking; and if he will make a statement on the matter. [19788/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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I propose to take Questions Nos. 883 to 885, inclusive, together.

While the crime of human trafficking is a despicable one, and clearly a violation of human rights, there is little evidence of a significant human trafficking problem in this country. Indeed the US State Department's Trafficking in Persons Report, which was issued in June 2007, highlighted that Ireland had a potential human trafficking problem rather than a significant problem. I should take this opportunity to mention the confusion that is being caused in the media in relation to the term "human trafficking". Immigrant prostitutes are only trafficked if they were recruited or transported to Ireland by means of the threat or use of force, coercion, fraud or deception for the purpose of exploitation. A person who chooses to work as a prostitute in Ireland is not necessarily a trafficking victim. Similarly, an immigrant worker who is not being paid the minimum wage is not a trafficked victim if there is no threat, force or coercion keeping him or her in that position. They are simply victims of labour exploitation. While I do not condone such exploitation, it does not amount to what is accepted worldwide as constituting human trafficking.

Legislation creating an offence of recruiting, transporting, transferring to another person, harbouring or knowingly arranging or facilitating the entry into, travel within or departure from the State of a person for the specific purpose of the trafficked person's sexual or labour exploitation or removal of his or her organs is at present being drafted in the Office of the Parliamentary Counsel. I expect to publish this legislation shortly. In addition, it is intended that the Immigration, Residence and Protection Bill 2007 will, subject to enactment, provide the necessary framework for addressing the immigration aspects of trafficking so as to comply with the relevant protection provisions in the Convention. In particular, in the context of the treatment of victims, it is intended that a framework will be put in place whereby a victim of trafficking can 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 to enable him or her to do so.

On enactment of this legislation, which I am treating as an urgent priority within my Department, Ireland will be in a position to ratify the international instruments on trafficking in persons. My officials are actively participating in all relevant international fora on this issue. Ireland is appropriately represented at EU, Council of Europe, UN and OSCE meetings on this topic. My officials are liaising on a bilateral basis with colleagues in Northern Ireland, Great Britain, other European countries and the United States. Both my Department and the Garda Síochána are identifying best practice in both policy and operational enforcement matters. This summer the Garda National Immigration Bureau has successfully trained more than 100 officers in victim identification issues. A number of actions are being taken by the EU under its Action Plan. A network of contact points in Member States is being established. The first EU Anti-Trafficking Day will take place on 18 October 2007. The Portuguese Presidency will shortly hold a conference on human trafficking and gender specific issues. The European Commission has prioritised trafficking in human beings prevention projects for funding under the "Prevention of and fight against crime" programme for 2007. These are just some of the actions taking place this year at EU level. My Department is also participating in the UN Global Initiative to fight human trafficking, a two-year programme launched by the UN earlier this year with the support of the United Arab Emirates. I assure the Deputy that I am in no way complacent about this issue and my officials are working on a comprehensive programme of measures that will be announced later this Autumn.