Dermot Ahern (Louth, Fianna Fail)
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Human Trafficking is a form of modern day slavery which has no place in Irish society. An extensive range of legislative and administrative measures have been taken and are planned to address this issue. Many of these are set out in the National Action Plan to Prevent and Combat Trafficking in Human Beings which I published on 10 June 2009. The measures include the following:- 1. Legislative measures Under the Sexual Offences (Jurisdiction) Act 1996 it is an offence for an Irish person or a person ordinarily resident in the State, to commit a sexual act against a child in another country which is an offence in that country and if committed in the State, would be an offence under the Schedule to that Act. In such circumstances, the person can be charged with the offence in this country. The offences listed in the Schedule (as amended) are carnal knowledge, rape, buggery and sexual assault offences. The Child Trafficking and Pornography Act 1998 makes it an offence to organise or knowingly facilitate the entry into, transit through, or exit from Ireland of a child for the purpose of the child's sexual exploitation or to provide accommodation for the child for such a purpose while in Ireland. It is also an offence to take, detain or restrict the personal liberty of a child for the purpose of the child's sexual exploitation, to use a child for such purpose or to organise or knowingly facilitate such taking, detaining, restricting or use. Recent amendments to the Act have increased its scope. Section 1 of the Criminal Law (Human Trafficking) Act 2008 amends the 1998 Act by extending the definition of a child from a person under the age of 17 years to a person under the age of 18 years. The maximum penalty on conviction is raised from 14 years to life imprisonment. The Criminal Law (Human Trafficking) Act 2008 provides for offences of trafficking in children and adults for the purposes of their 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. The State automatically accepts jurisdiction when the offence is committed in the State, including on ships or aircraft registered in the State. The Act also provides that if an Irish citizen or a person ordinarily resident in Ireland is alleged to have committed a trafficking offence abroad the State will accept the jurisdiction to try the offence here. Penalties of up to life imprisonment and a fine apply in respect of these offences. Under Section 5 of the Act it is an offence for a person to solicit sexual services from a trafficked person where the person soliciting knows that the person has been trafficked. The soliciting can take place anywhere – in public or in private. Any person who accept or agrees to accept a payment, right, interest or other benefit for the prostitution of the trafficked person will also commit an offence. Fines of up to €5000 and 12 months imprisonment apply on summary conviction and an unlimited fine and up to 5 years imprisonment applies if a person is convicted on indictment. 2. Other measures Other measures include a national awareness raising campaign in October 2008, ongoing training for law enforcement and other key personnel in the public sector, education campaigns in schools, articles in journals etc aimed at particular sectors likely to encounter suspected victims. In 2008, my Department arranged for funding from the budget of the National Women's Strategy for Ruhama to make a 3 minute film and a 50 second advertisement designed to educate persons to the exploitation underpinning the commercial sex industry and to help address the demand side of sex trafficking. The 50 second advertisement was launched on 10 November 2008 and was aired on RTE and the sports television station, Setanta. Measures to deal with prostitution include the following: 1. Legislation Under section 7 of the Criminal Law (Sexual Offences) Act 1993 it is an offence for any person to solicit or importune another person in any street or other public place for the purposes of prostitution. A person solicits or importunes where he or she offers his or her services as a prostitute to another person, solicits or importunes another person for the purpose of obtaining that other person's services as a prostitute, or solicits or importunes another person on behalf of a person for the purposes of prostitution. In exploitative situations, where the person being solicited or importuned has been trafficked, the offence of soliciting or importuning can be committed in any place, public or private.

The criminal law governing prostitution is kept under continuing review in my Department and, in that context, one area of the law that has been identified as requiring change is where a person engages in sexual activity with a person over the age of consent but under 18 years in exchange for money or some other consideration. Legislation that will criminalise such behaviour in any place is being prepared in my Department. 2. Garda operations I am informed by the Garda authorities that initiatives are put in place on a regular basis by Divisional and District management of the Garda Síochána targeting offences relating to prostitution, including brothel-keeping and living off the immoral earning which are targeted as part of investigations into organised criminal activities, including the advertising of escort agencies.

Human trafficking for the purposes of sexual exploitation and particularly the overlap between human trafficking and prostitution is a complex issue involving many factors. The Sexual Exploitation Working Group comprising of Governmental, non-governmental and International organisations. which is chaired by my Department, are tasked with examining and making recommendations on legislative, administrative, educational, social, cultural and other measures which (i) impact on and (ii) discourage demand for sexual services of victims of trafficking. I will consider what action is necessary in the light of the outcome of those deliberations.