Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 479: To ask the Minister for Justice, Equality and Law Reform the number of people, since the introduction in June 2008 of the Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking, who have sought access to the reflection and recovery period; the number of such applications which have been accepted; and the number which have been refused.. [15822/09]

Dermot Ahern (Louth, Fianna Fail)
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Pursuant to paragraph 5 of the Administrative Immigration Arrangements for the protection of Victims of Human Trafficking, which were introduced by the Department of Justice, Equality and Law Reform to coincide with the enactment of the Criminal Law (Human Trafficking) Act, 2008 which came into effect on 7th June, 2008, An Garda Síochána has recommended three (3) persons to the Minister for Justice, Equality and Law Reform for consideration of the granting of a permission to remain lawfully in the State for a period of 60 days (a 'recovery and reflection period'). These referrals were made in respect of persons who had been identified as a suspected victims of human trafficking, that is, there were reasonable grounds by a member of An Garda Síochána, not below the rank of a Superintendent, for believing that the person was a victim of an offence under sections 2 or 4 of the Criminal Law (Human Trafficking) Act, 2008.

36 persons have been referred to the Gardaí by other agencies and NGO's in 2008 and 11 persons have been referred to the Gardaí by other agencies and NGO's to date in 2009. Some of the persons may have been referred by more than one agency.

To date the Minister has caused a notice to be issued in the three (3) cases referred to the Department for consideration, in accordance with paragraph 6 of the Administrative Immigration Arrangements for the protection of Victims of Human Trafficking, confirming that the person had been granted permission to be in the State for 60 days. In every instance all information that is available at the time to An Garda Síochána is considered by the Detective Superintendent, Garda National Immigration Bureau, in conjunction with other senior officers and members of An Garda Síochána directly involved in the individual investigation. Where there is insufficient information for the Detective Superintendent to have reasonable grounds for believing that a person is a victim of suspected trafficking, then the case remains open and every effort is made to gather additional information from the potential victim or other sources, including the agencies from whom the referral was received.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 480: To ask the Minister for Justice, Equality and Law Reform the criteria used by a garda superintendent in making a determination as to whether a person is a victim of human trafficking; if other agencies or service providers are involved in the determination process; and if he will make a statement on the matter. [15823/09]

Dermot Ahern (Louth, Fianna Fail)
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The Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking state that a person identified by a member of the Garda Síochána, not below the rank of Superintendent, in the Garda National Immigration Bureau, as a suspected victim of human trafficking shall be granted a permission to remain lawfully in the State for period of 60 days ( a 'recovery and reflection period').

I am informed by the Garda Síochána that persons who are potentially victims of human trafficking come to their attention in a number of ways. These include

(i) in circumstances where they are identified by members of the Garda Síochána in the course of investigations;

(ii) on referral to the Garda Síochána by the Health Service Executive, or other agencies and NGOs, or

(iii) persons may, as part of their claim for asylum, indicate to the Office of the Refugee Applications Commissioner that they have been the victim of human trafficking.

In determining if a person is a suspected victim of human trafficking the Garda Síochána takes account of all information that is available to them at the time the case is being considered. This information will vary, considerably, from case to case. The Garda Síochána encourages all relevant agencies to provide all information, whether this supports a claim or otherwise, within their possession to allow the Garda Síochána make an informed and timely decision on each case.

The State and the Garda Síochána is committed to ensuring that no person who is potentially a victim of human trafficking will be removed from the State while the investigation into the circumstances of the person's arrival into the State, including the identification of the person as a victim, is ongoing.

The Council of Europe Convention on Action against Trafficking in Human Beings sets out measures to protect and promote the rights of victims, including the identification of victims. The Garda Síochána takes these measures into account in every instance. They do not require absolute certainty for not removing a person from the State. If there are reasonable grounds for suspecting a person to be a victim of human trafficking then the person is recommended for permission to remain lawfully in the State for 60 days.

The Explanatory Report to the Council of Europe Convention on Action against Trafficking in Human Beings acknowledges that the identification process takes time and often necessitates detailed enquiries, involving the exchange of information with other countries, parties or organisations which may prolong the identification process.

The International Organisation on Migration - an international inter-governmental organisation - acknowledges that the screening process to determine if a person is a victim of trafficking consists of two stages. The first is an assessment of the varying indicators that can be evaluated before an interview can take place, followed by a detailed interview with the individual. At the same time, the matter is subject of an investigation by the Garda Síochána.

The types of indicators utilised by the Garda Síochána in making a determination include the following: was the person deceived about the nature of the work they would be doing, or where they would be working; were the person's documents confiscated; is there debt bondage; is there a threat of violence. Some other types of indicators utilised include: the type of deception used; the person's illegal status; has the person been forced to lie to friends, or the authorities; and is the person dependent on the individuals who have exploited him / her.

To enable the Garda Síochána to establish if any of the indicators outlined, or others, are present it is necessary for the person be interviewed by a member of the Garda Síochána. The purpose of the interview is to elicit as much information as is possible from the person and assess the veracity, or otherwise, of the account being provided. The outcome of this interview will assist the Garda Superintendent in being satisfied that there are reasonable grounds for believing that the person is a suspected victim of human trafficking. Ultimately, in order to make a decision and to progress any investigation into such allegations of a criminal offence, possibly contrary to the Criminal Law (Human Trafficking) Act, 2008, the Garda Síochána will seek to document the allegations in a statement.

While 'reasonable grounds' are not the same as evidence, in the context of contemplation of any criminal offence, to arrive at a state of mind that a person is a suspected victim of human trafficking the Garda Superintendent must be in possession of sufficient information to afford reasonable grounds for that belief. The test of reasonable is whether or not a reasonable person, acting without passion or prejudice, believes what he / she is being told.

In every instance all information that is available at that time to the Garda Síochána is considered by the Detective Superintendent, Garda National Immigration Bureau, in conjunction with other senior officers and members of the Garda Síochána directly involved in the individual investigation. Where there is insufficient information for the Detective Superintendent to have reasonable grounds for believing that a person is a victim of suspected trafficking the case remains open and every effort is made to gather additional information from the potential victim or other sources.