Written answers

Tuesday, 15 April 2014

Department of Justice and Equality

Human Trafficking

Photo of Thomas PringleThomas Pringle (Donegal South West, Independent)
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497. To ask the Minister for Justice and Equality further to Parliamentary Question No. 455 of 8 April 2014, his views on the State's implementation of these legal obligations in such circumstances; and if he will make a statement on the matter. [17975/14]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Criminal Law (Human Trafficking) Act 2008 created the offence of human trafficking for labour exploitation, including forced labour. The Criminal Law (Human Trafficking) (Amendment) Act 2013 which came into effect in August 2013, expanded the definition of exploitation to include forcing a person to engage in illegal activities for financial gain. The phenomenon of persons who have been found engaging in illegal activities asserting that they are victims of human trafficking is one that is recognised both domestically and internationally. Where such an assertion is made, or for any other reason a suspicion arises, that such a person may be a victim of human trafficking a full investigation into the potential crime of human trafficking should be carried out in addition to any investigation of the crimes related to the illegal activities. Investigations of this nature can be extremely complex, comprising, as they may do, of the investigation of potentially two separate crimes; where the perpetrator of one crime may be the victim of another.

This year, and for the past few years, An Garda Síochána, in its Annual Policing Plan, has identified trafficking in human beings as one of its priorities with an increased focus given to prevention and detection of human trafficking. Any suspicion of human trafficking that is reported to An Garda Síochána is the subject of a comprehensive investigation.There are in place extremely comprehensive arrangements for the training of An Garda Síochána to deal with all issues relating to human trafficking, including situations such as this.

An Garda Síochána actively and vigorously investigates human trafficking for labour exploitation offences, fulfilling an obligation placed on it to do so. In this regard, An Garda Síochána continues to work closely with organisations such as the Migrant Rights Centre of Ireland (MRCI) who provide their expertise and assistance, arising from their role in supporting victims of human trafficking. An Garda Síochána fulfils its role regarding the investigation of offences, gathering all the evidence which is available. Having done so, including in cases where human trafficking for labour exploitation is suspected, a file is sent to the Director of Public Prosecutions (DPP) for directions as to whether charges should be preferred or not.

The Director of Public Prosecutions is independent in the exercise of her functions. Chapter 4 of the DPP’s Guidelines for Prosecutors specifically refers to victims of human trafficking, at Section 4.7, where it states: “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". The Guidelines state that a prosecution should be initiated or continued, subject to the available evidence disclosing a prima faciecase, if it is in the public interest, and not otherwise. There are many factors which may have to be considered in deciding whether a prosecution is in the public interest. One of those factors that could be considered is whether or not an offence was committed as a direct result of a person being trafficked and the Director of Public Prosecutions may, if she considers it is in the public interest, choose not to prosecute them for offences they have committed as a result of them being trafficked.

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