Dáil Éireann Debate, Wednesday - 12 November 2008
219 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the progress made on his proposal to bring in tougher penalties for trafficking, ensuring greater prosecution of traffickers and to improve support services for their victims, particularly for those who are the victims of sexual exploitation. [40086/08]
Amharc ar fhreagraThe Criminal Law (Human Trafficking) Act 2008 is fully operational since 7 June, 2008. The Act provides for offences of trafficking in children and adults for the purposes of their sexual or labour exploitation or the removal of their organs. It also makes it an offence to sell or offer for sale or to purchase or offer to purchase any person for any purpose. Penalties of up to life imprisonment and a fine apply in respect of these offences. The Act amends the definition of ‘child' in the Child Trafficking and Pornography Act, 1998 to mean a person under 18 years of age.
Under Section 5 of the Act it is an offence for a person to solicit sexual services from a trafficked person where the person soliciting knows that the person has been trafficked. The soliciting can take place anywhere — in public or in private. Any person who accept or agrees to accept a payment, right, interest or other benefit for the prostitution of the trafficked person will also commit an offence. Fines of up to €5000 and 12 months imprisonment apply on summary conviction and an unlimited fine and up to 5 years imprisonment applies if a person is convicted on indictment.
The State automatically accepts jurisdiction when the offence is committed in the State, including on ships or aircraft registered in the State. The Act also provides that if an Irish citizen or a person ordinarily resident in Ireland is alleged to have committed a trafficking offence abroad the State will accept the jurisdiction to try the offence here. Again, penalties of up to life imprisonment apply.
Section 10, 11 and 12 provide protective measures for alleged victims. Under Section 10 the Judge may decide to exclude all persons other than officers of the court or persons directly concerned with the proceedings from the court — but announce the verdict, decision and the sentence (if any) in public. This ensures a lack of publicity surrounding these cases. It is also intended to protect trafficked persons who can be very vulnerable and traumatised and the traffickers and their criminal associates may wish to harm them or prevent them from giving evidence. It is an offence under Section 11 — with a penalty of up to 10 years imprisonment and an unlimited fine — to publish or broadcast any information which could identify the alleged victim of the offence. Provision is also made — in Section 12 — to allow an alleged victim of trafficking to give evidence through a live television link, with the leave of the Court in the case of adults, from either within the state or abroad.
As the Criminal Law (Human Trafficking) Act 2008 only came into operation on 7 June 2008 no convictions have been recorded to date for offences contrary to that Act. However, prior to the enactment of the Act of 2008 the Garda Síochána utilised the provisions of the Illegal Immigrants (Trafficking) Act, 2000 in cases where human trafficking was suspected. Since September, 2000 over one hundred persons have been arrested and detained in respect of alleged breaches of the provisions of Section 2 of the Act of 2000. Four persons have been convicted in respect of twenty two alleged breaches of the provisions of Section 2 of the Illegal Immigrants (Trafficking) Act, 2000 and one person is currently awaiting trial while investigation files are being prepared for submission to the Law Officers.
An administrative framework was introduced on 7 June providing for recovery and reflection periods and periods of temporary residence pending the enactment of the Immigration, Residence and Protection Bill. The framework provides provide for a period of recovery and reflection of 45 days in the State for alleged victims of trafficking. In circumstances where the person wishes to assist the Garda Síochána in any investigation or prosecution in relation to the alleged trafficking, a further six months period of residence, renewable, is provided to enable him or her to do so.
An Anti-Human Trafficking unit was established in my Department in February 2008. A key element of the unit's work is the development of a National Action Plan to prevent and tackle trafficking in human beings. The plan will be approved by an Interdepartmental High Level Group for submission to me. It is being developed under the headings of prevention, prosecution of traffickers, protection of victims and child trafficking. Measures of assistance such as accommodation, access to emergency medical treatment, translation and interpretation, counselling and integration or safe return are being examined in conjunction with Governmental and non-governmental organisations at present and will also be examined in the context of the National Action Plan and the work of the High Level Group.
