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Dáil Éireann debate -
Wednesday, 10 May 2006

Vol. 619 No. 2

Adjournment Debate.

Middle East Peace Process.

It is widely known that the Palestinian Authority is in financial crisis, unable to pay for basic needs such as food and medicine, and I therefore unreservedly welcome the decision to channel aid payments to alleviate the suffering of Palestinians taken yesterday evening at the UN in New York. However, I also repeat my call for the European Union to reverse the decision it took last month to suspend aid payments to the Palestinian Authority.

In making its decision to channel aid to the Palestinian territories, the Quartet, of which the EU is a member, has recognised the pressing need for aid and the appalling conditions in which many Palestinians now live. However, that welcome action highlights inconsistencies in the European position and contrasts starkly with earlier decisions to suspend aid payments. It is clear that a growing humanitarian crisis in the region will do nothing to aid the development of greater peace and stability.

Ireland, through the Minister for Foreign Affairs, Deputy Dermot Ahern, should now take a lead role in calling for EU aid to be fully restored. In addition, the Irish people deserve an explanation for the lack of action taken by the Minister when the decision to suspend aid was taken at European level.

We all know that building a lasting peace in the Middle East will be incredibly difficult. Hamas must move away from terror as a means of achieving political aims, and all EU member states, including Ireland, are right in demanding real movement on that front. However, in suspending aid to the Palestinian Authority, the EU is backing key players into a corner, deepening the humanitarian crisis in the region, and adding to instability. Instead of allowing time and space for developments with Hamas, the EU's decision to suspend aid was a knee-jerk reaction that may undermine tentative moves forward, embedding deprivation and strengthening the influence of extremists. In the short time I have——

Will the Deputy allow me to say a few words?

I have only five minutes, and I am not yet finished.

We have dealt with this at some length today, and several participants in today's statements asked about Ireland's position regarding this decision. The Minister did not have the information but committed himself to coming back to the House. He had two hours to find out, and I wonder what his response will be. Perhaps he will outline the position.

I thank Deputy Allen for raising this matter. This is a day for EU scrutiny and debate, and I feel that such an important decision was probably discussed as a matter on the agenda before the Council. However, I am sure the Minister would not object to appearing before the Committee on European Affairs once again to discuss it. It is entirely appropriate that we monitor this. I wish to be associated with Deputy Allen's remarks. There were democratic elections in that part of the world, and there is no reason for the EU to change its rules on assistance in this regard.

I will deal with the issues raised by Deputy Allen in the final part of my contribution.

The Government shares the concerns expressed about the increasingly difficult situation of the Palestinian people. Ireland has been a long-standing supporter of the rights of Palestinians. The Government has been consistently active in promoting a lasting and peaceful settlement of the Israeli-Palestinian conflict. I assure the House that we remain firmly convinced that the only route to a just and lasting settlement is through a negotiated, two-state solution. Unilateral action to change the situation on the ground is simply not a viable option. The Quartet roadmap continues to provide the principles and the parallel steps on which Israeli and Palestinian leaders must act if there is to be a settlement. On this basis, the EU and the Quartet have set out very clearly for the new Hamas Government the moves it must make if it is to engage with the international community. We understand fully the difficult transition Hamas now faces in government. We have asked that it renounce violence, recognise Israel's right to exist and respect agreements already reached by the Palestinian Authority with Israel.

If Hamas continues to refrain from violence and shows a willingness to move on these essential conditions, the Government will argue very strongly for an appropriate positive response from the European Union. So far, the response from Hamas has been very disappointing. It should listen to the consistently courageous advice of President Mahmoud Abbas.

However, the EU has not terminated its aid to the Palestinians. The EU has been the strongest supporter of the Palestinian people internationally. It is also the largest donor to Palestine — providing an average of €500 million annually to support Palestinian institutions, NGOs and civil society and for humanitarian assistance. The Council decided on 10 April to review this assistance against the Palestinian Government's commitment to the principles set out by the EU and the Quartet. The Commission has already this year provided more than €100 million in vital humanitarian aid, but since early April it has temporarily suspended direct payments to the Palestinian Government.

The EU is firmly committed to continuing necessary assistance to meet the basic needs of the Palestinian population. In the review under way, Ireland is arguing strongly for a flexible and wide-ranging definition of what constitutes this necessary assistance. We are particularly concerned about the health and education sectors. It is not reasonable to argue, however, that the EU should continue its capacity-building support for the Palestinian Government while it refuses to commit to the peace process. The reduction of international assistance has undoubtedly contributed to the hardship in the West Bank and Gaza. However, the Israeli decision to withhold the customs duties and taxes, which it collects on behalf of the Palestinian Authority and which amount to €50 million per month, has had a particularly negative effect.

It is important that the Palestinian people should not face further hardship as a result of the reluctance of their Government to respect the peace process. The Government welcomes the agreement reached by the Quartet yesterday to support a temporary international mechanism for the direct delivery of assistance to the Palestinian people. The EU will meet its responsibilities and is now taking the lead in the early establishment of the mechanism. Ireland will play a constructive role in this process. We believe it must include provision for the payment of salaries to public sector personnel providing vital services.

It is essential that the Israeli Government also now meets its responsibilities. It must take this opportunity to resume the transfers due to the Palestinians, through the international mechanism. The Government is determined to play its part in keeping alive the prospect of a just settlement for the Israeli and the Palestinian people. We will also maintain our close links with the Palestinians, and continue to provide much-needed assistance.

I repeat today the commitment I have already given that there will be no reduction this year in the assistance provided by the Government, which amounted to more than €4 million in 2005. Already this year, since the Palestinian elections, I have allocated €1.5 million to UNRWA and I hope to be in a position to make further allocations soon. I had originally hoped to be in a position to increase assistance to Palestine very substantially this year. I sincerely hope political developments will make this possible in the near future.

In response to Deputy Allen's question of earlier today, there was no vote in the European Council on this matter, which proceeded by way of consensus. It is important to remember the distinction between the Council and the Commission. The Commission of its own volition and right can suspend aid. It did so. The Commission can do that in its own right without interference from or reference to the Council. The Minister for Foreign Affairs, Deputy Dermot Ahern, pushed the Irish view very strongly. I totally reject any suggestion that we were guilty of inaction on this matter. We believe the widest possible definition of what constitutes humanitarian relief should be used. We are pushing this matter very vigorously at a European level so that the people of Palestine are not punished for the misdeeds of their Government.

Company Closures.

I appreciate the opportunity to raise this important issue in this week, which sees the closure of the Mallow sugar factory for the last time. It is a very sad day for north Cork and the entire region. While the Mallow sugar factory is synonymous with the town of Mallow, many of the people who have been working for generations since the foundation of the sugar factory in the 1930s have come from my constituency, particularly from what we would call western Duhallow. Part-time workers have worked there seasonally, particularly in the winter when farm work is quiet. That work supplemented their incomes enormously.

What are the plans for the allocation of the compensation that was negotiated at EU level in November when the sugar regime was reformed, which ultimately led to the demise of Irish sugar? We will have considerable difficulties in the future. On the one hand the agricultural land used for the production of sugar beet will now be brought into the main stream for the production of cereals etc., which will obviously lead to a glut in the market. The budget provided funds to give an incentive to the production of green energy, biofuels etc. What discussion has the Minister had with Greencore on the production of biofuels on the site in Mallow? As the Acting Chairman will know, the Mallow sugar factory is probably one of the best industrial sites in the country. It is supplied by an extensive road and rail network. Very few sites have such advantages. We need to use all the State agencies to ensure that a viable alternative industry is put in place.

I know discussions on compensation are taking place. I would like the Minister of State to outline to the House the status of the discussions. In summary I have three questions. What, if any, discussion has the Minister had with Greencore on the future of the sugar factory in Mallow? What, if any, discussions have taken place on the production of biofuels? What is the status of compensation? I thank the Ceann Comhairle for allowing me to raise this important issue not only for east Cork, but also for my area in north-west Cork.

The compensation package negotiated in the context of reform of the EU sugar regime is worth more than €310 million to Irish stakeholders. It will be drawn down in accordance with the regulations governing the new EU sugar regime, which comes into effect from 1 July 2006. There are three elements to the compensation package.

The first element is the compensation to beet growers of up to 64% of the reduction in the minimum price for beet. This compensation, which will be incorporated in the existing single payment scheme and will be payable from 2006, is worth approximately €123 million to Irish beet growers over the next seven years. The amount of the payment will be calculated on the basis of the average of the farmers' contracted quantities with Irish Sugar Limited during a three years reference period, consisting of the 2001, 2002 and 2004 marketing years.

However, it is possible for farmers to have their average based on one or two years if they submit a successful application to have the average contracted quantity established on the grounds of force majeure. It is also possible for farmers who commenced farming during the reference period to have their average based on one or two years. It will, therefore, not be possible to establish the rate of payment per tonne until my Department has processed all applications under these measures.

The second element of the compensation package is the restructuring fund covering the economic, social and environmental costs of restructuring the sugar industry, including factory closure and renunciation of quota. In Ireland's case, this would be worth up to €145 million. The fund is subject to the submission of a detailed restructuring plan for the industry following consultations between the processor and the beet growers.

The reform agreement provides that at least 10% of the restructuring fund shall be reserved for sugar beet growers and machinery contractors. That proportion may be increased by member states after consultation with interested parties, provided that an economically sound balance between the elements of the restructuring plan is ensured.

Where restructuring takes place in the first year of the new regime, an application for restructuring aid must be made by 31 July 2006 following consultations between the processor and the beet growers. This application must include a detailed restructuring plan for the industry. A decision on the granting of the aid must then be made by the member state by 30 September 2006. Where aid is awarded in respect of restructuring in the first year, payment will be made in two instalments, the first instalment of 40% in June 2007 and the second instalment of 60% in February 2008. Depending on the financial resources available the Commission may decide to split the second instalment into two payments.

Payments of restructuring aid to growers will be based on beet deliveries in the relevant period but pending a decision on the percentage of the aid to be reserved for growers it is not possible to calculate payments per tonne of beet delivered. The Commission is working on detailed rules for the implementation of the restructuring scheme and it is anticipated that the relevant Commission regulation will be adopted later this month. A decision on the percentage will be made in due course following the adoption of this regulation and after consultation with the relevant interested parties, and payment arrangements will then be announced.

The third element of the package is the diversification aid. The reform agreement provides for the introduction of aid for diversification measures where sugar beet production completely ceases. This aid, worth almost €44 million in the case of Ireland, would be drawn down in the framework of a national restructuring programme to be elaborated in due course when the Commission's implementing regulation has been adopted.

I understand Deputy Michael Moynihan's concerns on behalf of his constituents and those who are directly involved in the Mallow sugar factory and I hope that the information provided this evening will be of assistance to him.

Human Rights Issues.

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 billions of 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 will 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 Investigates" 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 and ensure that the Garda Síochána is given the resources and apply the laws that exist. I plead with the Minister to protect the women whose voices have been silenced.

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 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 participates 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 members fully understand the complexity of this phenomenon and ensure 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 recent 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 commission 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 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 on 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 for 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.

Regulation of Casinos.

I welcome the Minister to the House. Last November in a parliamentary question I asked the Minister whether he was aware that a gambling casino had opened up in the vicinity of Grafton Street. He replied that he was aware that such type of facility had been opened. It would be difficult not to be aware because it opened with a great fanfare of publicity and some well-known figures were present.

I further asked the Minister whether he was satisfied that the casino was operating legally and whether the legislation governing the operation of casinos covered this casino. He replied that this private club had been recently visited by a senior Garda officer and no irregularities were detected that would justify a prosecution under the Gaming and Lotteries Acts 1956 to 1986, the relevant legislation for such matters. He assured the House that the premises would continue to receive Garda attention but that there were no proposals to amend the law at that stage. It is obvious that since that time the Minister has developed some proposals. He stated with reference to the Civil Law (Miscellaneous Provisions) Bill 2006 that he would table amendments to provide for the prohibition of gambling.

The Gaming and Lotteries Acts prohibit gambling unless it is a game of chance or partly a game of chance. It is a question of the definition of a game of chance or partly a game of chance. A wide range of gambling takes place in the country. We are all familiar with gambling on horses, dogs, the national lottery, bingo and slot machines. The State is involved in some of those activities. It runs the tote at race courses and is the sole beneficiary of the national lottery.

The Minister stated that casinos offered an advantage to the casino over the gambler in casino-type operations. If the State were the owner of the casino, it is difficult to see how the matter would not be regulated in an even-handed fashion. I am not putting forward an argument for bringing casinos into existence but I ask the Minister whether he will proceed with a bald prohibition or whether he will regulate the area. All gambling is a game of chance. I understand that Ireland is only one of two countries in the European Union that does not have casino-type gambling and that a number of countries in the European Union, such as Austria, the Netherlands, Finland, Sweden, have casinos run by the State. Casino-type activities include roulette, poker and blackjack. Are these casinos more prone to criminal activity or prostitution or any form of crime or are they so biased against the punter that they create an offence by relieving the punter of his money? I have not seen too many poor bookies so there seems to be an inbuilt factor against the punter in most gambling because it is a game of chance.

My point is to determine whether there is a principle involved, whether some gambling is different from other gambling, whether lottery gambling is worse than gambling on horses or whether roulette gambling is worse than playing cards. In all cases the punter can lose his shirt and perhaps win something every now and again.

The Gaming and Leisure Association of Ireland came to my clinic recently to raise the issue with me. I told the representatives I would raise the issue with the Minister. They would like to meet the Minister to discuss the issue and to argue the case whether it would be best to regulate the industry or ban it entirely. If it is the latter, it may then be forced underground to a degree. Gambling can be carried out on-line where the server is located outside the country. I ask the Minister for clarification of his thoughts.

I thank the Deputy for raising this matter and giving me this opportunity to discuss the issue. As he is aware, when announcing the publication of the Civil Law (Miscellaneous Provisions) Bill 2006 a fortnight or so ago, I adverted to my intention to avail myself of the opportunity this Bill presents to address the subject of this debate. The opportunity arises because that Bill already contains some provisions for the amendment of the Gaming and Lotteries Act. Those provisions deal with the limits on stake and prize money in gaming and amusement machines and I do not propose to anticipate debate on the Bill by going into further detail on that issue at this stage.

It is a matter for the Oireachtas and not for me to decide whether it wants to regulate or prohibit casino gambling in Ireland. I say this to make the position clear because the Deputy seems to think that it is I who will decide this issue, but this House will decide that issue. The Oireachtas has already made its decision on the question in the shape of the Gaming and Lotteries Acts. Oireachtas policy, as clearly expressed in those Acts, goes for the prohibition of casino-type operations in this State and against the notion that casinos should be permitted and regulated.

I agree with that policy. Casinos, generally speaking, are not desirable. It is the general view of the great majority of people in this society that they are not desirable. It can be said that Irish society as a whole is not averse to having a flutter. We have many ways, ranging from the national lottery, through betting on horseracing, greyhound racing and on many other events such as sports outcomes, to the humble parish raffle, of putting our money at hazard. Likewise, licensed slot machines at seaside resorts, where the reward is a cuddly toy or a small sum of money, are a feature of many family holiday experiences. Card games, whether they be genteel bridge evenings, fundraising whist, 45 drives or a night of poker among friends, are popular pastimes.

The Gaming and Lotteries Acts define what unlawful gaming is and allow certain permitted exclusions from that definition which cater for the activities I mentioned. As the Deputy is aware, gaming is the playing of a game of skill or chance or partly of skill or partly of chance for stakes hazarded by the players. Unlawful gaming is gaming where the chances of the players are not equal. However, the running of a business enterprise offering games of chance where the promoter has an edge over the other participants in the game, as is the case with roulette, is defined by the Act as unlawful gaming. That applies to taking a share of the pot simply for running the game without putting any stake at hazard — which is how casinos operate poker tables — and it is against the policy and terms of the Act for that to be permitted. I am not a puritan or a killjoy. I do not mind people playing poker if they want to, but if people are engaging in unlawful gaming, they should not be allowed operate a business under the terms of the 1956 Act.

There are those who would argue that we should recognise that casinos are here to stay and instead of continuing to outlaw them we should permit them to operate and set up systems for regulating their operation or perhaps extracting revenue from them. That is a course taken in many jurisdictions but I do not share that view. We do not need this additional facility here. Irish people who crave this facility can go abroad and find one if they want to. Innocent people are sucked into such activity and it is not desirable that they should be.

The Deputy mentioned the possibility that the State could run such an operation but the lobby group that approached him will not be interested in the State doing so. The question at issue is, do we want private enterprise casinos in Ireland, a State-run casino or to leave matters roughly as they are. My view — I hope the Inspector of Prisons does not come down on me for being too conservative — is that we should leave matters roughly as they are. We should ensure bogus clubs, which pretend to be clubs but clearly are not, do not become a loophole in the law and effectively allow for casinos to be established across this country posing as something else.

I strongly believe we must have either a workable law or no law on this matter. In the course of consideration of the gaming and lotteries legislation, which will be part of the Civil Law (Miscellaneous Provisions) Bill, I intend to make the law workable and to allow the Garda Síochána to close unlawful gaming establishments that are not licensed in accordance with the policy laid down by this House.

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