Ciarán Lynch (Cork South Central, Labour)
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Question 72: To ask the Minister for Justice, Equality and Law Reform if, in relation to the Human Trafficking Bill, he will include comprehensive victim protection provisions in a dedicated Human Trafficking Act; and if he will make a statement on the matter. [26892/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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As the Deputy is aware, the Criminal Law (Human Trafficking) Bill completed Second Stage in the Dáil on 1 November. The primary purpose of the Bill is to criminalise the trafficking of persons into, through or out of Ireland for the purposes of their sexual or labour exploitation or the removal of their organs. It is a criminal law bill and, therefore, deals exclusively with the criminal law elements of trafficking in human beings. This includes offering protection under the criminal law to victims of human trafficking. Specifically, it includes a provision whereby a judge may exclude persons from the court during proceedings in trafficking cases, where publicity might place alleged victims of trafficking and their families at risk.

The Bill also guarantees the anonymity of alleged victims of trafficking unless fully or partially waived by a judge in circumstances where he or she considers that the interests of justice so require.

The Bill also allows an alleged victim of trafficking to give evidence through a live television link, with the leave of the court in the case of adults, from within the State or abroad.

I announced recently the setting up of a High Level Group on Combating Trafficking in Human Beings. This Group is tasked with presenting to me the most appropriate and effective response to dealing with trafficking in human beings, and will consist of officials from my Department, representatives of An Garda Síochána and other Departments and Offices who have a contribution to make to the national response.

The Group will be responsible for drafting a National Action Plan to Combat Trafficking in Human Beings. The goal of the National Action Plan is to ensure that Ireland has the appropriate legislative and administrative structures in place for the protection of victims as well as for the prevention of trafficking and the prosecution of traffickers. Advertisements have been placed in the national press seeking the views of the public on what should be included in the Plan.

Also, it is my intention to include provisions in the forthcoming Immigration, Residence and Protection Bill which will strengthen the protections available to victims. In particular, I propose to include provision whereby a victim of trafficking can be afforded an immediate period of recovery and reflection in the State. It is intended that this period will allow the victim time to heal and recover from his or her experience and also the opportunity to escape the influence of those who engage in human trafficking. In addition, this time will allow the victim time to come to a decision on whether he or she wishes to participate in any criminal proceedings in the matter and, in circumstances where he or she so wishes, a further period of residence in the State to enable him or her to do so.