Seán Power (Kildare South, Fianna Fail)
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Question 193: To ask the Minister for Justice, Equality and Law Reform the protection and support that are available to victims of sex trafficking here; and if he will make a statement on the matter. [26622/09]

Dermot Ahern (Louth, Fianna Fail)
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Measures for the protection and support of victims and potential victims of human trafficking for sexual exploitation are set out in detail in the National Action Plan To Prevent and Combat Trafficking in Human Beings which I published on 10 June 2009.

Measures include the administrative immigration arrangements introduced on 7 June 2008 providing for recovery and reflection periods and periods of temporary residence pending the enactment of the Immigration, Residence and Protection Bill. The administrative framework provides for a period of recovery and reflection of 60 days in the State for suspected victims of trafficking. In circumstances where the person wishes to assist the Garda Síochána in any investigation or prosecution in relation to the alleged trafficking, a further six months period of residence, renewable, is provided to enable him or her to do so.

Section 10, 11 and 12 of the Criminal Law (Human Trafficking) Act 2008 provide protective measures for alleged victims in court proceedings for an offence under the Act. Under Section 10 the Judge may decide to exclude all persons other than officers of the court or persons directly concerned with the proceedings from the court – but announce the verdict, decision and the sentence (if any) in public. This is intended to protect trafficked persons who can be very vulnerable and traumatised and the traffickers and their criminal associates may wish to harm them or prevent them from giving evidence. It is an offence under Section 11 – with a penalty of up to 10 years imprisonment and an unlimited fine - to publish or broadcast any information which could identify the alleged victim of the offence. Provision is also made - in Section 12 - to allow 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 either within the state or abroad.

The Garda Síochána has operated a Witness Protection Programme since 1997. Given the highly confidential nature of the programme specific details of the nature of its operation are not made available but some of the protection measures provided by the Garda Síochána as part of the existing programme include armed protection if necessary, provision of a new identity, financial support and relocation, which may include relocation to another country, if necessary. The use of this programme for a suspected victim or witness in a human trafficking case is an operational matter for the Garda Síochána.

The Legal Aid Board will provide legal aid and legal advice to potential and suspected victims of human trafficking through the Refugee Legal Service with effect from 20 July 2009.

Other measures of assistance such as accommodation, medical treatment, counselling have been put in place and they and other services continue to be developed by my Department, in conjunction with Governmental and non-governmental organisations.

Seán Power (Kildare South, Fianna Fail)
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Question 194: To ask the Minister for Justice, Equality and Law Reform if evidence available to his Department indicates an increase in sex trafficking into Ireland; and if he will make a statement on the matter. [26623/09]

Dermot Ahern (Louth, Fianna Fail)
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The Criminal Law (Human Trafficking) Act, 2008 came into force on 7 June, 2008. This legislation creates offences of trafficking in adults and children for the purpose of their sexual or labour exploitation or the removal of their organs. I am informed by the Garda Síochána that the incidents are being closely monitored by them with a view to responding to any trends or patterns that may emerge. Prior to the Criminal Law (Human Trafficking) Act 2008 the facilitation of the entry into the State of a person was dealt with under the Illegal Immigrants (Trafficking) Act 2000. That Act does not specify an offence of trafficking for sexual exploitation. At this time there is no evidence to indicate an increase in sex trafficking into Ireland but the trends and patterns will be monitored on an ongoing basis.