Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 43: To ask the Minister for Justice, Equality and Law Reform the steps he has taken to prevent the trafficking of young people into the sex industry here. [40673/09]

Dermot Ahern (Louth, Fianna Fail)
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An extensive range of legislative and administrative measures have been undertaken to address this concern. 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. It is also an offence to make an arrangement to transport to a place in or outside the State or to authorise the making of such an arrangement for or on behalf of another person knowingly for the purpose of enabling that person or another person to commit a sexual offence against a child in another country. TheChild 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. The Criminal Law (Human Trafficking) Act 2008 provides for offences of trafficking in children for the purposes of labour exploitation or the removal of their organs and additionally in the case of adults for the purposes of sexual exploitation. Section 1 of the Act amends the Child Trafficking and Pornography Act 1998 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. 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 €5,000 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. Legislative measures to deal with prostitution include the following: 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. 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. My Department is also reviewing the prostitution laws as they affect children, with a view to substantially raising the penalties for soliciting children for the purpose of prostitution and for recruiting or coercing children into prostitution. Consideration is also being given to extending the offence of soliciting in such circumstances to soliciting in any place.

2. Policing measures I am informed by the Garda authorities that the measures taken include the following: Immigration control takes place at ports and airports within the State. There is regular liaison between the Garda Síochána, Health Services Executive (HSE) and NGOs. Where incidents are reported to the Garda Síochána or it is suspected that victims of trafficking are operating in the sex industry, investigations including searches of premises, are commenced. Intelligence from international law enforcement agencies also assists in identifying those persons suspected of being trafficked and also those suspected of being involved in this type of criminality, allowing the Garda Síochána to carry out intelligence-led and targeted campaigns.

All cases of suspected human trafficking are the subject of an investigation by the Garda Síochána and a specific initiative - Operation Snow - targeting the suspected trafficking of minors, was established by the Garda National Immigration Bureau. This initiative is designed to prevent the trafficking and smuggling of minors into, out of and within the State; to ensure that 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.

Enforcing the relevant provisions of the Refugee Act, 1996 (as amended) and the Childcare Act, 2001 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. One of the most significant detections to date under this initiative involved the holder of a Ghanaian passport, who presented at the 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.

In so far as prostitution is concerned 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 immoral earnings which are targeted as part of investigations into organised criminal activities, including the advertising of escort agencies.

3. Other measures The establishment of a Working Group on Child Trafficking under the auspices of an Interdepartmental High Level Group which reports to me is a key element in developing the response to child trafficking and in facilitating the creation of an environment which protects children. The HSE is also committed to providing an equitable service to unaccompanied minors in their care. An Operational Plan has been developed that commits the HSE to withdrawing from hostel provision for separated children which should reduce the incidence of children going missing from HSE care. The HSE has also developed a joint protocol with the Garda Síochána entitled 'Children missing from care'. This, in addition to intensive interagency working between the HSE and the Garda National Immigration Bureau is proving successful and monthly figures in relation to children going missing from HSE care have begun to decrease.

Other measures include 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 child victims of trafficking for sexual exploitation.

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 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.