Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 282: To ask the Minister for Justice and Equality if forced labour is considered a crime under existing law; and, if it is not, his plans to introduce legislation to address any deficiency which undermines our responsibility to comply with EU and international law; and if he will make a statement on the matter. [38851/11]

Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 285: To ask the Minister for Justice and Equality the way he intends to make forced labour punishable as a crime; and if he will make a statement on the matter. [38882/11]

Aodhán Ó Ríordáin (Dublin North Central, Labour)
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Question 290: To ask the Minister for Justice and Equality if he will seek to introduce legislation to combat forced labour here, along the lines of legislation recently passed in the United Kingdom; and if he will make a statement on the matter. [38897/11]

Alan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 282, 285 and 290 together.

The Criminal Law (Human Trafficking) Act 2008 criminalises the trafficking of persons for the purposes of labour exploitation, including forced labour. However, the legislation is primarily an anti-trafficking measure and was never intended to address forced labour outside the context of human trafficking.

While forced labour is not a specific criminal offence, this does not necessarily mean that a person subjected to forced labour but who has not been trafficked (or where trafficking is difficult to prove) does not have the protection of the criminal law. It is likely that activities constituting forced labour could be prosecuted under a range of offences, for example, false imprisonment, blackmail, assault, the coercion offence in the Non-Fatal Offences Against the Person Act 1997, offences under employment law and health and safety legislation, immigration law, etc.

Internationally, forced labour covers a diverse range of exploitative behaviours. The extent and nature of the phenomenon in this jurisdiction is unclear. At the request of my Department and with a view to establishing the exact nature of alleged abuses, the Garda authorities have recently completed an analysis of allegations of forced labour which have come to their attention. The results of the analysis are currently being examined in my Department so that any legislative and administrative measures required to address deficiencies can be identified. I want, as far as is possible, to establish all of the facts in relation to alleged abuses in order that a comprehensive strategy to deal with issues arising can be put in place. In the event that a need for additional legislative measures is established, proposals will be brought to Government in the usual manner.