|
The Green Party has called on the
Minister for Justice, Michael McDowell TD, to move to introduce a
bill, criminalising the act of trafficking for sexual exploitation,
to the Dáil before the summer recess. The Party yesterday tabled an
adjournment debate in the Dáil to discuss the issue of trafficking
with the Minister.
Green Party Justice spokesperson Ciarán Cuffe TD said “I asked the
Minister to outline a timetable for the introduction of legislation
criminalising the trafficking of human beings for sexual or labour
exploitation. Although the 2002 EU Council Framework Decision
obliged all member states to introduce this legislation by 2004 at
the latest, Ireland remains the only EU member state that has yet to
criminalise this act. Although stating that this legislation is at
an advanced stage in his Department, the Minister failed to say when
this bill will be introduced to the Houses of the Oireachtas. I am
calling on the Minister to commit to introducing this urgently
needed legislation to the Houses prior to the summer recess.
“I also put it to the Minister that it is imperative that the
victims of trafficking are not treated as criminals. These women and
girls are highly vulnerable and have suffered terribly at the hands
of the traffickers and should be treated with sensitivity and
compassion. The Minister claims that these victims are dealt with in
a sympathetic and pragmatic manner. However, there is evidence to
suggest otherwise. RTÉ’s Prime Time Investigates programme of last
Monday presented the case of Maria, a young Romanian woman,
trafficked here and forced into sex slavery. On being found by the
Gardaí, Maria was taken to court and imprisoned in Mountjoy Women’s
Prison for two months, before being deported to Romania. Is this an
appropriate way to deal with a young girl who has been exploited and
abused? Even more disturbing is the fact that the men who committed
this crime were never brought to justice.
“Some of the most vulnerable women in Ireland need the Minister's
help. He must act, legislate to criminalise trafficking, and ensure
that the Garda Síochána are given the necessary resources. I call on
the Minister to protect the women whose voices have been silenced.”
A transcript of the adjournment debate between Ciarán Cuffe TD and
Michael McDowell TD on the issue of trafficking is attached. This
debate took place in Dáil Éireann on the evening of Wednesday 10 May
2006.
Adjournment Debate on the Sexual Trafficking of Women, 10 May
2006
Request from Ciarán Cuffe TD to discuss the trafficking of women
from Eastern Europe to Ireland to work in the sex trade;
the response from an Garda Síochána and the Minister for Justice and
the failure to transpose into Irish law the relevant European
Council Framework Decision on Combating Trafficking in Human Beings;
the concerns raised in the 2005 concluding observations of the UN
Committee on the Elimination of Discrimination Against Women
regarding trafficking of women and girls into Ireland;
the lack of a comprehensive strategy to combat it;
and the need for Ireland to ratify the 2005 Council of Europe
Convention on Action against Trafficking in Human Beings
Mr. Cuffe: The trafficking of women for sexual exploitation
is a serious and rapidly growing worldwide phenomenon. This trade in
human beings for monetary gain is an extremely lucrative business
earning several billion euro a year at the expense of innocent
lives. Women's human rights are violated when they are bought and
sold, raped, falsely imprisoned and tortured. It is estimated that
more than 120,000 women and girls are trafficked into western
European countries every year.
Ireland has failed to transpose into law the 2002 EU Council
framework decision on combating trafficking in human beings which
obliged all member states to legislate to criminalise the
trafficking of human beings for exploitation.
The deadline for member states to enact this framework legislation
was August 2004. Ireland is the only EU member state not to do so.
Why is it taking so long to move to draft this legislation? Can the
Minister for Justice, Equality and Law Reform assure us that the
legislation will be victim-sensitive and punish only the
traffickers, similar to the Swedish legislation in this area? The UN
committee on the elimination of discrimination against women stated
that it was concerned at the trafficking of women and girls into
Ireland, the lack of information on the extent of the problem, and
of specific legislation in this area and the lack of a comprehensive
strategy to combat it. The committee recommends the adoption and
implementation of a comprehensive strategy to combat trafficking in
women and girls which should include preventative measures, the
prosecution and punishment of offenders and the enactment of
specific legislation in this area.
Ireland must also ratify the 2005 Council of Europe Convention on
Action against Trafficking in Human Beings. This Convention was
opened for signature and ratification at the Council of Europe's
third summit of Heads of State and Government one year ago in
Warsaw. The action plan at that summit contained a call for the
early entry into force of the Convention and the widest possible
ratification. Will the Minister say when he intends to sign and
ratify this Convention?
It is vital also that the victims of trafficking are not treated as
criminals. These women and girls are highly vulnerable and have
suffered terribly at the hands of the traffickers. Victims of
trafficking should not be immediately deported to their countries of
origin where they face the possibility of falling victim again to
the traffickers. They should be advised of the asylum process and
the Office of the Refugee Applications Commissioner should adhere to
the recent UNHCR guidelines when determining status for a victim of
trafficking as gender persecution. The Department of Justice,
Equality and Law Reform should fund assistance programmes and safe
accommodation centres for victims of trafficking.
On 28 April the Irish Examiner reported that a north African minor
whom gardaí had rescued from a brothel was put into HSE care in
Dublin. Without adequate staff to watch over her 24 hours a day this
vulnerable girl went missing again from the centre within days. In
the Sligo Champion on 26 April there was the story of a 17 year old
west African girl who came to the attention of gardaí after she had
been working as a prostitute. It subsequently emerged that she was a
minor who had been trafficked to the country specifically to be
exploited by an organised prostitution ring.
The Sunday Independent of 25 January 2006 carried the story of a
young woman who presented herself to gardaí in County Meath telling
them that she was being forced to have sex with hundreds of men over
a six month period. She informed the gardaí that she had been
tricked into coming to Ireland by a man who promised her legal
employment and then took her passport. She was forced to have sex at
a house in the region. When the gardaí searched the house they
recovered the documents and thankfully arrested that man.
Last Monday's "Prime Time" documentary on RTE showed that the
trafficking of women is happening here. Some of the most vulnerable
women in Ireland need the Minister's help. He must act, legislate to
criminalise trafficking, ensure that the Garda Síochána are given
the resources and apply the laws that exist. I plead with the
Minister to protect the women whose voices have been silenced.
Minister for Justice, Equality and Law Reform (Mr. McDowell): Action
is being taken to combat this crime which my Department and the
Garda Síochána take very seriously. The Garda Síochána is proactive
in this area and from its intelligence gathering, surveillance and
investigations to date, there is no evidence to suggest that
trafficking of persons into Ireland for the purposes of sexual
exploitation is widespread. To date, Garda operations have uncovered
relatively few trafficking cases. The examples cited by Deputy Cuffe
show that the gardaí deal properly and appropriately with the cases
in question.
In the recently published United Nations report Trafficking in
Persons: Global Patterns, Ireland ranks at the low end of
destination or transit countries in western Europe. We are however,
still at risk.
Last Friday I published the report of a working group on human
trafficking comprising representatives of my Department and the
Garda Síochána with regard to the situation in Ireland and the
State's response to this issue on a number of fronts, including
immigration controls, law enforcement activity, protection of
victims and legislation. Last Friday I also launched a poster
campaign to assist in addressing trafficking, which is facilitated
by Crimestoppers, and will help raise awareness of trafficking among
the general public. It will provide an important point of contact
for those who may be victims of, or vulnerable to, this insidious
crime.
Members of the Garda Síochána attend relevant international meetings
to facilitate the exchange of information and best practice between
EU member states, Europol and Interpol and to devise strategies
capable of combating immigration-related criminality, including
trafficking in human beings. The Garda Síochána has built up a
network of bilateral contacts and participate in operations to
combat trafficking activity. The Garda also participates in the
Interpol working group on trafficking in women and children.
A training programme has been prepared for delivery to key Garda
personnel throughout the State to ensure that members fully
understand the complexity of this phenomenon and ensure that victims
receive appropriate assistance from all the relevant agencies.
As regards prosecutions, I am glad to be able to clear up some
misunderstandings about the ability of the criminal law to deal with
trafficking for the purpose of sexual exploitation. An impression
may have been given over the past few days that a legislative vacuum
existed in this country which gives traffickers carte-blanche to
pursue their evil trade here. Nothing could be further from the
truth. We do not as yet have a tailor-made specific offence of
trafficking in adults for the purpose of sexual exploitation but we
have extensive criminal law provisions which can be used, depending
on the circumstances of each case that comes to the notice of the
Garda Síochána. I wish to clarify that there is no crime that is not
prosecutable under our law as it stands.
The Child Trafficking and Pornography Act 1998, creates an offence
of trafficking persons under 17 years of age into, through or out of
the State for the purpose of sexual exploitation. The maximum
sentence on conviction is life imprisonment. Under the Illegal
Immigrants (Trafficking) Act 2000, it is an offence to organise or
knowingly facilitate the entry into Ireland of a person who is
reasonably believed to be an illegal immigrant or a person who
intends to claim asylum. In this case the maximum prison sentence is
ten years. As the "Prime Time Investigates" programme demonstrated,
in all cases of trafficking other offences will be committed, such
as rape, sexual assault, assault and false imprisonment. A person
cannot be trafficked into Ireland for the purposes of prostitution
without the committing of an offence. Successful prosecutions, no
matter what legislation is in operation, will depend on the
existence of evidence that will stand up in court and for that to
happen, persons must be willing to co-operate with Garda
investigations.
Legislation creating an offence of trafficking in persons for the
specific purpose of sexual or labour exploitation is contained in
the draft criminal justice (trafficking in persons and sexual
offences) Bill which is at an advanced stage of preparation in my
Department and will be published later this year. This Bill will
comply with the EU framework decision on combating trafficking in
persons for the purpose of their sexual and labour exploitation, to
which Deputy Cuffe referred and will also fulfil the criminal law
requirements of two other international trafficking instruments, to
which he referred. The immigration and residence Bill currently
being prepared in my Department will also contain a number of
proposals which will assist in the fight against trafficking.
I recognise that victims of trafficking, who are often highly
traumatised by their experiences, require care and protection. The
current immigration system in Ireland allows the authorities to deal
with these victims in a sympathetic and pragmatic way and they are
so dealt with. It is recognised that it is in the interests of both
the victims of trafficking and the authorities to co-operate, with a
view to ensuring the protection of victims and the prosecution of
perpetrators. Any necessary assistance is provided to victims,
including through the services of the Health Service Executive.
Victims of trafficking can also be assisted to return and
re-integrate in their countries of origin with the assistance of the
International Organisation for Migration.
The issue of Ireland's non-participation in the European Council
directive on residence permits for victims of trafficking has been
raised. In practice this directive will not require us to do
anything which we cannot already do under our existing immigration
legislation and practice. I am keeping an open mind on future
participation in this directive which will not give us any new
powers.
I am equally aware of the recommendations made by CEDAW in July 2005
in relation to the increased levels of trafficking of women across
the world. These recommendations are being taken into consideration
in the further development of Irish policy and legislation on the
prevention of trafficking to which I referred.
As regards signing and ratifying the Council of Europe Convention
against Trafficking in Human Beings, as I outlined earlier I am
taking the necessary steps to bring Irish criminal law into line
with the requirements of the convention. I thank the Deputy for
raising the issue. |
CiaranCuffe.com,
or Text Ciaran on 087 265 2075.