David Stanton (Cork East, Fine Gael)
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Question 94: To ask the Minister for Justice and Equality if he has received a report from the Garda Commissioner on the issue of forced labour; if he is satisfied that current legislation, particularly the provisions of the Criminal Law (Human Trafficking) Act 2008, contains sufficient provisions to deal with forced labour; the number of allegations, prosecutions and convictions attained relating to forced labour each year respectively for the past three years; and if he will make a statement on the matter. [13946/12]

Alan Shatter (Dublin South, Fine Gael)
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At the request of my Department and with a view to establishing the exact nature of alleged abuses, the Garda Commissioner was asked to provide information in response to specific questions in relation to allegations of forced labour coming to the attention of An Garda Síochána. This has been received and officials in my Department have now completed an analysis of whether the Criminal Law (Human Trafficking) Act 2008 is sufficient to cover all circumstances in which forced labour could occur, which I am considering.

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.

Latest available information available indicates that between 7 June 2008 and 31 December 2011, a number of cases of alleged human trafficking for labour exploitation have been investigated by An Garda Síochána: 19 cases in 2009, 19 cases in 2010 and 13 cases in 2011.

To date, no proceedings for the offence of human trafficking for labour exploitation have been commenced in this jurisdiction. 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 decision in such matters rests with the Law Officers.

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, and consideration of the analysis which has now been completed will assist in that regard.