Written answers

Wednesday, 19 September 2012

Department of Justice and Equality

Criminal Prosecutions

Photo of Bernard DurkanBernard Durkan (Kildare North, Fine Gael)
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To ask the Minister for Justice and Equality the number of prosecutions taken in respect of the trafficking of women, children and or juveniles in each of the past five years to date; the outcome of such prosecutions; and if he will make a statement on the matter. [39590/12]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Criminal Law (Human Trafficking) Act 2008 came into effect on 7th June 2008 and an Anti-Human Trafficking Unit was also established in my Department in that year. On 1 January 2009, the Anti-Human Trafficking Unit of my Department initiated a data collection strategy for the purpose of gaining a more in-depth understanding of the nature and extent of human trafficking in Ireland. To date, annual reports for 2009, 2010 and 2011 have been published and are available from Ireland’s dedicated anti-human trafficking website, www.blueblindfold.gov.ie, in addition to my Department’s website.

These Annual Reports outline the number of convictions in each year in respect of offences under the Criminal Law (Human Trafficking) Act 2008 and in respect of convictions for other offences related to human trafficking. It is important to note that convictions occurring in any calendar year may be the result of prosecutions initiated in previous calendar years. For the purpose of clarity the convictions recorded, as outlined in these Annual Reports, for the period 2009 to 2012 are set out in the Table below.

Year
Act
Accused
Charges
Sentence
2009
Child Trafficking and Pornography Act, 1998 and Common Law OffencesAdult malePossession of Child Pornography. Soliciting another to commit an offence contrary to Section 3 of the Child Trafficking Act 1998 (Child Trafficking and taking etc. child for sexual exploitation)6 years imprisonment.
2009/10
Child Trafficking and Pornography Act, 1998Adult maleIncitement to traffick a minor for sexual exploitation and incitement to the possession of child pornography.6 years imprisonment and Post Release Supervision Order for 20 years.
2010
Criminal Law (Human Trafficking) Act, 2008Adult maleRecruitment and trafficking of a minor.3 years imprisonment (suspended). Placed on the Sex Offenders Register for 5 years and entered into a bond to be of good behaviour for a period of 3 years.
2010
Child Trafficking and Pornography Act, 1998Adult maleSexual exploitation of a child.Eight month imprisonment (suspended).
2010
Child Trafficking and Pornography Act, 1998
Criminal Law (Rape)(Amendment) Act, 1990
Adult maleRecruitment and trafficking of a minor for sexual exploitation and production of child pornography.10 years imprisonment. Placed on Sex Offenders Register for life. Post Release Supervision Order for 15 years.
2011
Criminal Law (Human Trafficking) Act, 2008Adult maleRecruitment and trafficking of a minor for sexual exploitation.3 years imprisonment
2011
Child Trafficking and Pornography Act, 1998 [see end note}Adult femaleControlling and sexually exploiting a minor for the purposes of prostitution.4 years imprisonment (final two years suspended).
2011
Child Trafficking & Pornography Act, 1998Adult maleControlling and sexually exploiting of a minor for the purposes of creating child pornography.Fine of €100.
2011
Criminal Law (Sexual Offences) Act, 1993Adult maleControlling/organising prostitution (female adult victim)2½ years imprisonment (final fifteen months suspended).
2012
Criminal Law (Human Trafficking) Act, 2008Adult femaleControlling and sexually exploiting a minor for the purpose of creating child pornography.3 years imprisonment
2012
Illegal Immigrants (Trafficking) Act, 2000
Criminal Law (Sexual Offences) Act, 1993
Adult FemaleTrafficking of a female minor illegal immigrant and controlling/directing prostitution 3 years imprisonment

Note: As amended by Section 6 of the Criminal Law (Sexual Offences) Amendment Act 2007 as substituted by Section 3(2) of the Criminal Law (Human Trafficking) Act 2008.

In addition, in 2009, as a result of interstate cooperation between the Romanian and Irish authorities, 3 persons were prosecuted in Romania for trafficking related offences committed in Ireland. This resulted in convictions and sentencing of the three individuals to periods of imprisonment of seven years, five years and five years.

Seven further prosecutions relating to human trafficking have been initiated in 2012. Prosecutions under Section 3 of the Criminal Law (Human Trafficking) Act 2008 are being taken in all seven cases and prosecutions under Section 2 of the Criminal Law (Rape) Amendment Act 1990 are additionally being taken in two of the cases. All seven prosecutions involve victims who are children.

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