Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

455. To ask the Minister for Justice and Equality his plans to meet the State's legal obligations regarding the prosecution of victims of trafficking for forced labour; and if he will make a statement on the matter. [16536/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Obligations regarding the prosecution of victims of human trafficking for forced labour are set out in the Directive 2011/36/EU of the European Parliament and of the Council of the 5^thApril 2011 on Preventing and Combating Trafficking in Human Beings and Protecting its Victims. This Directive provides in Article 8 that 'Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecute or impose penalties on victims of trafficking in human beings for their involvement in criminal activities which they have been compelled to commit as a direct consequence of being subjected to any of the acts referred to in Article 2.'

Provision to meet the obligations arising from the EU Directive are set out in Chapter 4 of the Director of Public Prosecution’s Guidelines for Prosecutors, which specifically refers to victims of human trafficking, at Section 4.7, where it states: “In assessing whether the public interest lies in commencing or continuing with a prosecution, a prosecutor should exercise particular care where there is information to suggest that the suspect is a victim of crime. An example would be where it is suggested that the suspect is a victim of human trafficking. Such a person may be suspected of a range of offences from breaches of immigration law to offences related to prostitution. In a case in which there is credible information that a suspect is also a crime victim, the prosecutor should consider whether the public interest is served by a prosecution of the suspect”. These guidelines are available on the Director of Public Prosecution’s website www.dpp.ie

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

456. To ask the Minister for Justice and Equality his plans to appoint an independent national rapporteur to address problems of lack of identification and prosecution with regard to trafficking and victims of trafficking for forced labour; and if he will make a statement on the matter. [16537/14]

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

457. To ask the Minister for Justice and Equality if he will consider implementing a co-ordinated approach to assessing and identifying all cases of potential trafficking for forced labour by a multi-agency team involving State agencies and NGOs; and if he will make a statement on the matter. [16538/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 456 and 457 together.

The process for the identification of victims of human trafficking which is used in Ireland is based on the model developed by the International Organisation on Migration (IOM); this envisages a two step process involving an assessment of the various indicators and a detailed interview with the individual by An Garda Síochána. All relevant information from the individual and from the legal representative and/or NGO assisting the victim is considered in the assessment.

While there is no independent national rapporteur to monitor efforts to fight human trafficking, the Anti-Human Trafficking Unit in my Department acts as the equivalent mechanism in accordance with the requirements set out in Article 19 of the EU Directive on preventing and combating trafficking in human beings and protecting its victims. The question of ongoing monitoring through a national rapporteur will also be examined in the context of the 2nd National Action Plan to Prevent and Combat Trafficking in Human Beings in Ireland which is currently being drafted.

The Anti-Human Trafficking Unit in my Department chairs five interdisciplinary working groups comprising representatives from Non-Governmental Organisations (NGOs), International Organisations (IOs) and Government Agencies which discuss, inter alia,victim identification. More than 30 organisations are involved. This method of consultation is based on a model recommended by the Organisation for Security Cooperation in Europe (OSCE) for National Referral Mechanisms on Human Trafficking. Methods for enhancing and developing processes for the identification of victims will be examined through these consultative structures having regard to the reports on Ireland by two international organisations [OSCE and the Council of Europe Group of Experts on Action to Combat Trafficking in Human Beings (GRETA)] with expertise in the area of human trafficking and will be addressed in the context of the 2nd National Action Plan.

Thomas Pringle (Donegal South West, Independent)
Link to this: Individually | In context | Oireachtas source

458. To ask the Minister for Justice and Equality if he will meet with representatives of the Migrant Rights Centre Ireland to discuss trafficking for forced labour here, with particular regard to trafficking for forced labour in cannabis production; and if he will make a statement on the matter. [16539/14]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I have no plans to meet the Migrants Rights Centre Ireland at this time. As the Deputy will be aware, the Criminal Law (Human Trafficking) Amendment Act 2013 which came into effect in August of last year expanded the definition of human trafficking in the Criminal Law (Human Trafficking) Act 2008 to includeinter aliatrafficking for the purposes of forced illegal activities for commercial gain. Trafficking for forced labour in cannabis production could come within this expanded definition. The 2013 Act, for the purpose of clarity, also defined forced labour, with some stated exceptions, as a work or service which is exacted from a person under the menace of any penalty and for which the person has not offered himself or herself voluntarily.

I am aware that the Migrants Rights Centre Ireland have articulated their views on this matter in a number of fora. I am of the view that, at this time, it would be helpful for the Migrants Rights Centre to have discussions with other stake-holders within the consultative structures chaired by the Anti-Human Trafficking Unit of my Department, particularly within the Labour Exploitation and National Referral Working Groups. These Working Groups provide a forum where issues arising out of the implementation of the expanded definition of human trafficking for forced participation in criminal activities such as cannabis cultivation can be examined and discussed at a practical level.

Migrants Rights Centre Ireland participates in an intensive three day training course entitled “Trafficking in Human Beings; Prevention, Protection, Partnership and Prosecution” undertaken by members of An Garda Síochána. Almost 700 members of An Garda Síochána have now received this training. The overriding aim of the training is to provide members of An Garda Síochána with knowledge of indicators of all the forms of human trafficking, where to look and how to identify victims of human trafficking. Recently, the training programme has included a module addressing the potential link between human trafficking and cannabis grow houses emphasising the indicators of human trafficking which may indicate a person working in such locations is a victim of human trafficking.

The prevention and detection of human trafficking in all its forms and the protection of its victims has been a policing priority for An Garda Síochána for the past number of years and it remains a priority in 2014.