Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 283: To ask the Minister for Justice and Equality the extent to which cases of forced labour have been reported to An Garda Síochána; the number of cases which have been reported in the past years; the extent to which such matters have been investigated; and if he will make a statement on the matter. [38852/11]

Alan Shatter (Dublin South, Fine Gael)
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I refer the Deputy to my reply to Parliamentary Question 37544/11 of 29 November, 2011. The position has not changed since then.

The Criminal Law (Human Trafficking) Act, 2008 came into effect on 7 June 2008. It created offences in relation to trafficking of persons for the purposes of labour exploitation, as well as trafficking of persons for the purposes of sexual exploitation or exploitation consisting of the removal of a persons organs. Section 1 of the 2008 Act defines labour exploitation in relation to a person (including a child) as follows:

(a) subjecting the 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

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, with three Investigation Files having been submitted to the Law Officers. Directions for no prosecution have been received in two of these cases, while additional information has been sought and provided in respect of the third Investigation File. The decision in such matters rests with the Law Officers. In order for proceedings to be commenced against an individual for any criminal offence, including human trafficking, there must be evidence of the crime against the individual. At the very least, a prima facie case must be established. In a number of the cases under investigation by An Garda Síochána insufficient evidence of human trafficking has been established to allow proceedings be commenced.

In some of these cases there are alleged breaches of employment legislation and in this regard An Garda Síochána works closely with the National Employment Rights Authority.