Dáil 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.