Michael McGrath (Cork South Central, Fianna Fail)
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386. To ask the Minister for Justice and Equality his plans to address the issue of forced labour here; and if he will make a statement on the matter. [44666/13]

Alan Shatter (Dublin South, Fine Gael)
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The Criminal Law (Human Trafficking) Act 2008 criminalises human trafficking for labour exploitation, including subjecting a person to forced labour. The term "trafficks" is broadly defined in the 2008 Act. For example, the commission of a trafficking offence does not require cross-border - or even internal 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 term "forced labour" was not defined in the 2008 Act.

In the context of a review of the potential of the Criminal Law (Human Trafficking) (Amendment) Act 2008 to combat forced labour conducted in my Department last year, the report published on the dedicated anti-human trafficking web site, blueblindfold.gov.ie in January 2013, recommended that, in the interest of clarity, the term "forced labour" should be defined in legislation in line with the definition in the ILO Convention No. 29 of 1930 concerning Forced or Compulsory Labour. Subject to certain specified exceptions, the ILO convention defines forced labour as "all work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily".

As the deputy will be aware, I availed of the opportunity afforded by the Criminal Law (Human Trafficking) (Amendment) Act 2013 to clarify the definition of forced labour in these terms. The ILO definition is the international standard, and the new legislation now enacted ensures that there can be no doubt as to our fully complying with that standard and our having in place rigorous criminal law sanctions applicable to all of those who engage in human trafficking for forced labour.

It is important to note that forced labour covers a diverse array of exploitative behaviours ranging from infringement of labour regulations, at one end of the spectrum, to human trafficking, etc., at the other. Consequently, it is likely that activities constituting forced labour could also be prosecuted under a number of other offences, for example, false imprisonment, blackmail, assault, the coercion offence under the Non-fatal Offences Against the Person Act 1997, offences under employment law and health and safety legislation, immigration law, etc.