Clare Daly (Dublin North, Socialist Party)
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Question 234: To ask the Minister for Jobs, Enterprise and Innovation if he will bring forward legislation to criminalise the problem of forced labour, which is necessary for Ireland to become compliant with Article 4 of the European Convention on Human Rights; the date for bringing forward this legislation; and if he will make a statement on the matter. [31437/11]

Richard Bruton (Dublin North Central, Fine Gael)
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Forced labour in the context of trafficking is currently criminalised by the Criminal Law (Human Trafficking) Act 2008 which is legislation that falls within the remit of the Minister for Justice, Equality and Defence. As regards the act of forced labour without trafficking, I would point out that international instruments such as those of the International Labour Office draw a clear distinction between employment i.e. voluntary labour, on the one hand, and forced labour, on the other.

Employment rights and industrial relations legislation, which falls within my remit, regulates matters arising during, or on termination of, a contract of employment and is concerned with matters relating to voluntary employment. While it can and does make provision for criminal offences, it is almost unheard of in practice and the vast majority of issues arising are dealt with by quasi-judicial tribunals or by arbitration e.g. Rights Commissioners.

Forced labour or slavery can embrace activities that are much more serious than the mere failure to respect labour laws and working conditions and which by definition are not based on contracts of employment. I understand that other jurisdictions, such as is the case in the United Kingdom, have made provision with regard to slavery, servitude and forced labour under their respective criminal codes. I have no plans to bring forward legislation on forced labour that might be most appropriately achieved within the criminal law code.