Written answers

Tuesday, 24 March 2015

Department of Justice and Equality

Human Trafficking

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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487. To ask the Minister for Justice and Equality when the national action plan on human trafficking will be published; and if she will make a statement on the matter. [11858/15]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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488. To ask the Minister for Justice and Equality her views on the recommendation of frontline agencies Doras Luimní, the Immigrant Council of Ireland, and Ruhama in a submission to the European Commission that an independent rapporteur on human trafficking be appointed; and if she will make a statement on the matter. [11859/15]

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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489. To ask the Minister for Justice and Equality her plans to ensure Ireland meets its international commitments to provide safe and secure housing for victims of trafficking, by ending the practice of placing them in direct provision centres where there is a danger of intimidation and further abuse; and if she will make a statement on the matter. [11860/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 487 to 489, inclusive, together.

A new National Action Plan to Prevent and Combat Human Trafficking in Ireland is at an advanced stage of drafting in my Department. I anticipate that this draft plan will be issued for consultation to civil society organisation active in this field in the near future. This new Plan seeks to build on progress made to date in this area and address issues raised in independent international evaluations of Ireland's response to this important issue.

The new National Action Plan will outline both the Government's strategic approach to this issue as well as setting out a clear work programme for the relevant state authorities to collaborate with civil society in advancing the fight against trafficking and enhancing the protection of victims. Among the key priorities of Ireland's Anti-Trafficking Strategy are to:

- Prevent trafficking in human beings,

- Identify, assist and protect victims of trafficking in human beings,

- Ensure an effective criminal justice response,

- Ensure effective co-ordination and co-operation between key actors, both nationally and internationally,

- Increase the level of knowledge of emerging trends in the trafficking of human beings, and

- Continue to ensure an effective response to child trafficking.

These key priorities will be reflected in the new Plan and the approach to its implementation will, first and foremost, be victim-centred. Allied to that will be the aim of ensuring an effective criminal justice response to the perpetrators of this evil crime. The partnership structure, which was put in place under the first National Action Plan, will continue to be supported.

I have, since my appointment as Minister for Justice & Equality, met with a number of stakeholders, including civil society organisations, to discuss the issue of human trafficking and have received submissions in relation to their views on the matter which will be further considered in the formal consultation process which will be commenced with the issuing of the draft Plan. This consultation process will encompass both an invitation for comment as well as formal meetings with key stakeholder groups through standing working group structures.

The drafting of the new National Action Plan provides an opportunity to address in detail the full range of support and protection policies in place; the issue of independent oversight in this area will also be considered in this context.

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail)
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490. To ask the Minister for Justice and Equality her plans to ensure an all-island approach to combat human trafficking, by publishing her proposals on sex buyer laws before similar legislation comes into force in Northern Ireland on 1 June 2015; and if she will make a statement on the matter. [11861/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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On 27 November, I published the General Scheme of a Criminal Law (Sexual Offences) Bill which includes two new offences of purchasing, in the context of prostitution, sexual services.

The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.

These new offences are comparable to those introduced in section 15 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 which the Deputy correctly states will come into force on 1 June.

As an additional means of combating the exploitation which is associated with prostitution, these offences will target the demand side of prostitution. However, there is already significant legislative provisions addressing the trafficking of persons for the purposes of exploitation (including sexual exploitation) which can attract significant penalties. I would draw the Deputy's attention to the Criminal Law (Human Trafficking) Act 2008 which prohibits trafficking for the purposes of sexual exploitation. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years and/or a fine.

The Deputy will also be aware that there are also extensive legislative provisions to address the more exploitative aspects of prostitution. For example, under the Criminal Law (Sexual Offences) Act 1993 it is an offence to organise prostitution, coerce or compel a person to be a prostitute, to knowingly live on the earnings of a prostitute, or to keep or manage a brothel. In addition, public order legislation prohibits the advertising of brothels and prostitution.

Taken as a whole, the existing and new offences that I am introducing in the forthcoming Bill, will achieve a comprehensive approach to combatting trafficking for the purpose of sexual exploitation.

The Bill is priority legislation and is currently being drafted. It is my intention to publish the Bill in the current parliamentary session.

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