Denis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 387: To ask the Minister for Justice, Equality and Law Reform the steps he is taking to implement the outstanding recommendations of the Garda Síochána and departmental working group on trafficking in human beings; when the national action plan to combat trafficking in human beings will be published; and if he will make a statement on the matter. [24725/08]

Dermot Ahern (Louth, Fianna Fail)
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The recommendations of the Department of Justice, Equality and Law Reform and the Garda Síochána Working Group on Trafficking in Human Beings fall into three categories, (i) those relating to Legislation, (ii) those relating to Garda operational, enforcement and monitoring measures and (iii) those relating to cooperation with other Government Departments, Non-Governmental Organisations and internationally. On the legislative front, the Criminal Law (Human Trafficking) Act 2008 is fully operational since 7 June, 2008. The Act creates offences of trafficking in children and adults for the purpose of sexual or labour exploitation or the removal of their organs. It also makes it an offence to sell or offer for sale or to purchase or offer to purchase any person for any purpose. Penalties of up to life imprisonment apply in respect of these offences. Enactment of this legislation brings Ireland into compliance with the criminal law/law enforcement elements of the I. EU Framework Decision on Combating Trafficking in Human Beings, II. Council of Europe Convention on Action against Trafficking in Human Beings and III. UN Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children.

Outstanding provisions of the EU Framework Decision on Combating the Sexual Exploitation of Children and Child Pornography will be dealt with under the forthcoming Sexual Offences Bill. Section 124 of the Immigration, Residence and Protection Bill, provides for a period of recovery and reflection of 45 days in the State for alleged victims of trafficking and also, in circumstances where the person trafficked wishes to assist the Gardaí in any investigation or prosecution in relation to the alleged trafficking, a further six months period of residence, renewable, to enable him or her to do so. An administrative framework, reflecting the provisions in the Bill, was introduced on 7 June 2008 to provide for the period of recovery, reflection and residency in the State during the period between the enactment of the Criminal Law (Human Trafficking) Act 2008 and the full enactment of the provisions in the Immigration, Residence and Protection Bill.

In so far as Garda operational, enforcement and monitoring measures are concerned, the ability of the Garda Síochána to enforce the Report's recommendations is greatly enhanced by the commencement of the Criminal Law (Human Trafficking) Act 2008. Recognising the international dimension to the phenomenon of human trafficking, Ireland, including the Garda Síochána, has become an active participant in a number of human-trafficking related initiatives involving law enforcement agencies in other jurisdictions. Liaison at an international level between the Garda Síochána and other law enforcement agencies forms part of the approach of the Garda Síochána in tackling this aspect of criminality through the exchange of information, intelligence and best practice by attendance at high-level meetings, including those organised by Europol, Interpol and Frontex and interaction with countries from which it is suspected persons have been trafficked.

The signing of a Memorandum of Understanding (MOU) between the United Kingdom Immigration Service (UKIS) and An Garda Síochána, which facilitates the exchange of data, further enhances the working relationship between the immigration services within the Common Travel Area (CTA). Ireland is participating in an operation, "Pentameter 2", launched by the UK. One of the main objectives of the operation is to raise awareness of the scale of the problem of trafficking of human beings for the purpose of sexual exploitation, particularly among those who avail of sexual services. The operation assists awareness raising in showing Ireland and the UK as locations which are hostile to human trafficking. As part of Operation Pentameter a poster-campaign was launched in both Ireland and the UK to encourage victims of human trafficking to report their plight to State authorities. Specific enforcement activity continued under Pentameter 2.

The Garda Síochána are taking a pro-active approach in Operation Pentameter to address the need for a coordinated approach to human trafficking within the Common Travel Area which operates between the UK and Ireland. This co-operation is taking place in a number of ways, including intelligence sharing, joint training exercises and operational co-operation where investigations have a cross-border, UK/Ireland, dimension.

Ireland has taken a lead role in a human trafficking initiative known as the G6 Human Trafficking Initiative, which includes the UK, Poland, Italy, France, Spain and the Netherlands along with Interpol, Europol and Eurojust. The most recent meeting of the G6 initiative took place last week. Ireland has recommended a particular focus on trafficking of children in the course of the G6 Initiative. As part of this initiative the Garda Síochána has commenced an operation designed to prevent the trafficking of minors in to, out of, and within the State, to ensure the welfare of suspected victims of such criminal activity is adequately provided for, and to commence prosecutions where criminal activity of the nature concerned has been detected. An awareness-raising campaign throughout the participating countries — led by Ireland — is also planned under this Initiative.

Immigration border controls are maintained by the Garda National Immigration Bureau and a number of suspected traffickers and victims of traffickers have been identified through the rigorous enforcement of immigration legislation. Joint operations, in association with the UK Immigration Service, continue to be part of immigration policy to prevent and detect possible abuses of the Common Travel Area (CTA), by means of illegal immigration and associated criminality.

There are currently over 275 personnel, Garda and civilian, allocated to the Garda National Immigration Bureau (GNIB). Personnel attached to GNIB have received training in the investigation of human-trafficking at an international level. The work undertaken by the Garda Síochána in relation to human trafficking is assisted by a network of members of the Garda Síochána who are employed as liaison officers in major cities in a number of EU Member States and in international organisations such as Europol and Interpol. The Garda Síochána has developed its own human trafficking related training course with such training having been delivered to about one hundred and fifty participants in 2006/2007. Arising from Ireland's involvement in Operation Pentameter a number of officers from the Police Service of Northern Ireland have also participated in the training courses provided by the Garda Síochána Training College.

In terms of cooperation, within this jurisdiction GNIB continues to liaise with Government and non-Governmental agencies, including Ruhama and the International Organisation for Migration (IOM) to ensure the exchange of information regarding suspected trafficking in human beings. In recognising the needs of victims of trafficking, Garda Liaison Officers have been appointed to various non-Governmental organisations.

An Interdepartmental High Level Group has also been established to recommend to me the most appropriate and effective responses to trafficking in human beings. Furthermore, an Anti-Human Trafficking Unit has been established in my Department under the stewardship of an Executive Director. The role of the Unit is to ensure that the State's response to trafficking in human beings is coordinated, comprehensive and holistic. A National Action Plan to Prevent and Tackle Trafficking in Human Beings will be approved by the High Level Group for submission to me, with a view to publication by the end of the year. Round table discussions chaired by the Executive Director of the Anti-Human Trafficking Unit are being held with Government and non-Governmental organisations on a quarterly basis.

In addition, 5 interdisciplinary Working Groups are being established to progress matters and, in turn, report to the High Level Group. The Working Groups will deal with: Development of a National Referral Mechanism; Awareness Raising and Training; Child trafficking; Labour Exploitation Issues and, Sexual Exploitation issues. This multidimensional approach is designed to provide a holistic and effective response to the heinous crime of trafficking in human beings.