Robert Dowds (Dublin Mid West, Labour)
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Question 493: To ask the Minister for Justice and Equality if he will provide up-to-date figures on the extent of forced labour that he is aware of nationally; and if he will make a statement on the matter. [36242/11]

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Law (Human Trafficking) Act 2008 (which came into effect on 7 June, 2008) criminalises the trafficking of persons for the purposes of labour exploitation (including forced labour), sexual exploitation and exploitation consisting of the removal of a person's organs. For the purposes of the Act, the term "trafficks" is broadly defined. For example, the commission of an offence does not require cross-border movement or illegal entry into the State. It includes recruitment, taking a person into one's custody, care or charge, and providing the person with accommodation or employment. However, the legislation is primarily an anti-trafficking measure and was never intended to address any of the exploitative phenomena outside the context of human trafficking.

Since 7 June 2008, the number of cases of alleged human trafficking for labour exploitation that have been investigated by An Garda Síochána are as follows: 2009 – 19 cases; 2010 – 19 cases; 2011 – 9 cases (up to September 2011). To date no proceedings for the offence of human trafficking for labour exploitation have been commenced. Three investigation files having been submitted to the Law Officers. Directions for no prosecution have been received in two of these cases. Additional information has been sought and provided in respect of the third investigation File.

The Human Trafficking Investigation and Coordination Unit works closely with labour inspectors attached to the National Employment Rights Authority with regard to cases of alleged labour exploitation. An Garda Síochána also works closely with other police forces. 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 some 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.