Written answers

Wednesday, 10 December 2008

Department of Justice, Equality and Law Reform

Child Protection

10:00 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Fine Gael)
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Question 170: To ask the Minister for Justice, Equality and Law Reform the number of investigations that occurred as a result of Operation Snow; the approximate number of children who were monitored; the number of children who were assisted; the amount spent on this operation to date; and if he will make a statement on the matter. [45534/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I have been advised by an Garda Síochána that Operation 'Snow' is an initiative undertaken by the Garda National Immigration Bureau which is designed to prevent the trafficking and smuggling of minors into, out of and within the State; to ensure the welfare of suspected victims of such criminal activity is adequately provided for; and to achieve prosecutions where criminal activity of the nature concerned has been detected. This commencement of this initiative coincided with Ireland's commitment to a European G6 Human-Trafficking Initiative which involves an undertaking of a period of enhanced law enforcement relating to human trafficking.

As part of this initiative the Garda National Immigration Bureau has encouraged increased vigilance by members of An Garda Síochána who are engaged in the immigration process, in particular with regard to the movement of minors into and out of the State, in an effort to discover children who may be victims of human trafficking or smuggling of illegal immigrants. In doing so it is recognised that discovering a child who is the victim of human trafficking at the time she/he enters the State may represent his / her only opportunity to avoid the exploitation the traffickers involved have planned for him or her.

Enforcing the relevant provisions of the Refugee Act, 1996 (as amended) and the Child Care Act, 1991 in respect of minors arriving in the State at ports of entry, has proved to be particularly important in offering protection to minors suspected to be victims of human trafficking or smuggling of illegal immigrants.

To date, since the commencement of this initiative in 2007, almost 200 incidents have been subject of investigation, with assistance provided for a total of 164 children, although many of these cases have not transpired or are not expected to be related to trafficking.

The Garda National Immigration Bureau has, on numerous occasions, had cause to place unaccompanied minors in the care of the Health Service Executive, through invoking the provisions of the Child Care Acts, following their arrival at ports of entry to the State, and at Dublin Airport in particular. Such incidents are followed up by investigations undertaken for the purpose of establishing if human trafficking or smuggling, or other criminal acts, have been committed by persons involved in arranging the arrival of the unaccompanied minors concerned into the State. A significant number of these investigations have revealed family reunification and other immigration related reasons as the explanation for suspicious activity regarding non-Irish national minors.

This initiative forms part of the strategy of an Garda Síochána targeting those suspected of being trafficked for the purpose of exploitation (sexual or labour), whether minor or adult, and is performed in the course of ordinary duties undertaken by all members of An Garda Síochána who are tasked with enforcing legislation, in particular immigration-related legislation. No specific budget-head is allocated to this type of duty or this initiative in particular.

One of the most significant detections to date under this initiative involved the holder of a Ghanaian passport, who presented at Garda National Immigration Bureau Headquarters for the purpose of being entered on a register of non-nationals maintained by the Garda Síochána in accordance with the provisions of Immigration Act, 2004. Records indicated that this person was wanted, on foot of a European Arrest Warrant, which had been issued by the Dutch Authorities, on suspicion of involvement in the trafficking of minors. He was arrested and was subsequently removed to the Netherlands, where he is due to stand trial for his alleged involvement in the trafficking of unaccompanied minors, who are Nigerian nationals, into the Netherlands and other European countries, for the purpose of their sexual exploitation.

The most recent incident detected under this initiative relates to a female who was intercepted by Immigration Officers at Dublin Airport in November, 2008. The woman, who was accompanied by three children, had commenced her journey to Ireland in Nairobi. While the woman indicated that she was the mother of these children, the immigration officer concerned was not satisfied that she was in fact the mother of the children concerned, causing him to make appropriate inquiries, which resulted in her being arrested on suspicion of having breached the provisions of section 2(1), Illegal Immigrants (Trafficking) Act 2000. She was subsequently charged with three breaches of section 2(1), and was brought before Dublin District Court, where she pleaded guilty. The woman was dealt with pursuant to the provisions of Probation of Offenders Act, having undertaken to leave the jurisdiction and not return. The three children concerned were placed in the care of the Health Service Executive, pursuant to the provisions of section 8(5) Refugee Act 1996 (as amended) and thereupon the provisions of the Child Care Act, 1991 applied to them.

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