Robert Dowds (Dublin Mid West, Labour)
Link to this: Individually | In context

Question 125: To ask the Minister for Justice and Equality the instruments at his disposal to combat forced labour and illegal work practices here; and if he will make a statement on the matter. [26555/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

The Criminal Law (Human Trafficking) Act, 2008 introduced the crime of human trafficking into Irish criminal law. It provides for penalties of up to life imprisonment for trafficking of persons for the purposes of labour or sexual exploitation or for the removal of a person's organs. Under the Act, labour exploitation means –

(a) subjecting a person to forced labour,

(b) forcing him or her to render services to another, or

(c) enslavement of the person or subjecting him or her to servitude or a similar condition or state.

Human Trafficking continues to be treated as a high priority by An Garda Síochána. In An Garda Síochána's Policing Plan for 2011, one of the seven stated priorities is "to prevent and detect human trafficking". In January 2009, the Garda Commissioner established the Human Trafficking Investigation and Coordination Unit (HTICU) within An Garda Síochána. As well as investigating human trafficking cases, this unit provides advice and support to other units within An Garda Síochána with regard to human trafficking. An extensive programme of training both within and outside An Garda Síochána has been undertaken by the HTICU.

In conjunction with the Anti Human Trafficking Unit in my Department, An Garda Síochána have also embarked on extensive awareness raising measures and have made presentations to various groupings including to representatives of a wide variety of State organisations likely to encounter victims and to university students, the hospitality industry and secondary school students etc.

The Human Trafficking Investigation and Coordination Unit (HTICU) works closely with labour inspectors attached to the National Employment Rights Authority (NERA) with regard to cases of alleged labour exploitation and where illegal work practices are alleged.

An Garda Síochána works closely with other Police forces to counter this problem. In December 2009, three Romanian men were sentenced in Romania for the human trafficking of Romanian nationals into Ireland for labour exploitation. In this case Romanian males and females were recruited in Romania and trafficked into Ireland where they were exploited for labour purposes on farms in Wexford. An intensive investigation was conducted in Ireland and evidence was transferred to Romania where the men had been arrested on their return to Romania from Ireland. Sentences of 7 years, 5 years and 5 years respectively were handed down.

In a number of the cases that have been referred to An Garda Síochána as human trafficking for labour exploitation, prospective evidence of other offences including immigration offences, employment permits offences, false imprisonment and assault has been uncovered. These matters remain under investigation.

The question of whether forced labour should be criminalised as a stand-alone offence without reference to human trafficking is being considered in my Department. For the purpose of considering this issue An Garda Síochána was asked to conduct an analysis of allegations of forced labour which have come to their attention. The purpose of the analysis is to identify what problems exist and what legislative and administrative measures, if any, are required to address them. The results of this analysis have recently been received in the Department and are currently being examined.