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Dáil Éireann debate -
Friday, 28 Jun 2013

Vol. 808 No. 4

Criminal Law (Human Trafficking) (Amendment) Bill 2013 [Seanad]: Second Stage

I move: "That the Bill be now read a Second Time."

I am pleased to bring the Criminal Law (Human Trafficking) (Amendment) Bill 2013 before the House. Trafficking in human beings is an appalling crime, a serious abuse of human rights and an affront to the dignity of the human person. It should never be tolerated. We must use all the tools and resources at our disposal to prevent and combat human trafficking, prosecute the perpetrators and protect its victims. Legislation is one such tool and a very important element of our strategy to address the evils of human trafficking. However, this is but one element of the Government's ongoing efforts to prevent and combat this ugly phenomenon.

Ireland has well-established, structured and co-ordinated arrangements for the provision of assistance and support to victims of human trafficking, including any victims who are particularly vulnerable, such as children. Persons identified as victims or potential victims of human trafficking are provided with accommodation, access to health services and financial support from the State. Child victims or children of victims have access to education at primary and secondary levels. Moreover, under section 3 of the Civil Law (Miscellaneous Provisions) Act 2011, victims of human trafficking may receive free legal advice. This was an important measure that I introduced in the Dáil shortly following my appointment as Minister.

With regard to specific supports for child victims of human trafficking, under the Childcare Act 1991 such victims are notified to the HSE's children and family services. The HSE provides support and protection for all children in need of State care. This includes provision for the physical and psycho-social recovery of a child victim of human trafficking. A full and comprehensive multidisciplinary assessment, overseen by a social worker, and involving medical, psychological and educational services is used to determine the most appropriate and safest placement for the child. Where necessary, a guardian ad litem or a dedicated social worker for the child can be appointed.

All victims of human trafficking have access to a range of services to meet their needs from their first point of contact with the Garda Síochána. In cases where they have no subsisting immigration status, they may be granted an unconditional "recovery and reflection period" for a duration of 60 days. Prior to and during this period, there is no threat of expulsion from the State. Thereafter, temporary residence can be granted - and renewed - so long as any criminal investigation or prosecution is ongoing, with a possibility of seeking a more durable permission on completion of the investigation or prosecution, or after three years, whichever is the lesser period. Provisions to put these administrative immigration arrangements on a statutory footing are included in the Immigration, Residence and Protection Bill, which I hope will be published later this year.

Deputies may be aware that the US State Department recently published its annual Trafficking in Persons Report, often referred as the TIP report. Ireland has again received the top ranking, tier 1, in the country reports section, and this reflects our significant ongoing efforts in this area. We have a well-co-ordinated national plan. It spans the period 2009 to 2012 and it is currently under review. A new action plan for the period 2013 to 2016 will be published later this year.

Ireland has also had the benefit of recent country visits from two international organisations with competence in the field of human trafficking. The Organization for Security and Co-operation in Europe, OSCE, Special Representative and Co-ordinator for Combating Trafficking in Human Beings visited Ireland in early 2012 and the report of her visit was published in March this year. The report recognised Ireland's dynamic anti-trafficking policy and the development of good practice based on a human rights approach and good governance. It also complimented Ireland's comprehensive institutional system, co-ordination mechanism, and consultation and co-operation with non-governmental and international organisations.

A delegation from the Council of Europe's Group of Experts on Action against Trafficking in Human Beings, GRETA, carried out a week-long visit to Ireland in November. The final report from GRETA will be available in the coming months.

The recommendations of all three reports will be taken into account in the process of drafting our new national action plan. The views of the US State Department and international organisations and developments at EU level, along with consultations with State agencies and civil society, will significantly inform the direction and content of the new strategy document.

The Criminal Law (Human Trafficking) (Amendment) Bill 2013 is a short, but urgent, Bill. Its main purpose is to transpose, in full, the criminal law provisions of an EU directive. The directive on preventing and combating human trafficking and protecting its victims was adopted in April 2011 and replaced an earlier framework decision of 2002. Most of the criminal law provisions in the directive have already been transposed by the Criminal Law (Human Trafficking) Act 2008, which implemented the framework decision. For example, the directive establishes mandatory maximum penalties for human trafficking offences. The maximum penalty set down is five years, or ten years if any of a number of specified aggravating circumstances is a factor. Ireland has a high-penalty regime for human trafficking offences and its sanctions far exceed the requirements of the directive.

In this jurisdiction, a person found guilty of human trafficking for the purposes of sexual exploitation, labour exploitation or exploitation for the removal of human organs is liable to life imprisonment.

Article 2.3 of the directive provides that, at a minimum, exploitation for the purposes of human trafficking shall include "the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs". This expands the definition of exploitation in the 2002 framework decision to include two new forms of exploitation. The first of these is exploitation for forced begging and the second is exploitation for criminal activities. The Bill extends the scope of our human trafficking legislation to include both. All the other forms of exploitation specified in the directive are criminalised by the Criminal Law (Human Trafficking) Act 2008.

Article 4.3 of the EU directive provides that member states shall take the necessary measures to ensure a human trafficking offence committed by a public official in the performance of his or her duties is regarded as an aggravating circumstance. The Bill implements this mandatory requirement. Our human trafficking legislation contains separate offences of trafficking a child for sexual exploitation, trafficking a child for exploitation other than sexual exploitation and trafficking an adult. In each case, the Bill provides that where the offence is committed by a public official during the performance of his or her duties, this circumstance shall be treated as an aggravating factor when the court is determining the sentence. Unless a life sentence is being handed down or there are exceptional circumstances justifying not doing so, the court is required to impose a sentence that is greater than would have been imposed in the absence of this aggravating circumstance. I emphasise that these provisions do not arise from concerns about the commission of human trafficking offences by public officials in this jurisdiction. They simply flow from a mandatory provision in the directive. Measures taken in this jurisdiction to address human trafficking, such as the establishment of dedicated anti-human trafficking units in An Garda Síochána, the HSE and my Department, have been commended both nationally and internationally. Our achievements in preventing and combating human trafficking are due in large part to the commitment and hard work of public servants working in a number of Departments and agencies.

I am availing of the opportunity this Bill presents to define the term "forced labour", as used in the Criminal Law (Human Trafficking) Act 2008. The Act criminalises human trafficking for labour exploitation, including subjecting a person to forced labour, but does not define the term "forced labour". For the purposes of the Act, the term "trafficks" is broadly defined. For example, the commission of a trafficking offence does not require cross-border or even internal movement or illegal entry into the State. It includes recruitment, taking a person into one's custody, care or charge, and providing the person with accommodation or employment.

In the context of a recent review of the potential of the 2008 Act to combat forced labour per se, the International Labour Organisation, ILO, committee of experts on the application of conventions and recommendations was asked for its views on whether Ireland's human trafficking legislation is sufficiently wide in scope to encompass forced labour as defined in ILO Convention No. 29 of 1930 concerning forced or compulsory labour. Subject to certain specified exceptions, the ILO convention defines forced labour as "all work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily". The ILO committee is of the view that the scope of the Criminal Law (Human Trafficking) Act 2008 is broad enough to encompass the main constituent elements of forced labour as defined by ILO Convention No. 29. The committee noted the very broad definition of the word "trafficks" in the Act, which includes providing a person with accommodation or employment. It also noted the numerous means of exploitation - for example, coercion, threats, abduction, force, deception, fraud, abuse of authority, and taking advantage of vulnerability addressed by the legislation. It believes that these provisions combined can be applied, in practice, to cover situations in which work is exacted without freely given or informed consent. However, the committee has recommended in the interest of clarity that we define the term "forced labour" in line with the 1930 convention. I am happy to implement this recommendation and appreciate the assistance of the committee. The proposed definition closely follows that of the ILO and it will bring legal clarity to this issue. It is important to note that "forced labour" covers a diverse array of exploitative behaviours ranging from infringement of labour regulations at one end of the spectrum, to false imprisonment, human trafficking, etc., at the other. Consequently, it is likely that activities constituting forced labour could also be prosecuted under a number of other offences, including false imprisonment, blackmail, assault, the coercion offence under the Non-Fatal Offences Against the Person Act 1997, offences under employment law and health and safety legislation, immigration law, etc.

The Minister for Jobs, Enterprise and Innovation intends to bring forward amendments to employment permits legislation. These amendments will ensure that an employer may not benefit from the illegality of a contract of employment where he or she is found culpable in not ensuring a valid employment permit was in place for the employee concerned. Those proposals will complement this Bill. We have a duty to ensure vulnerable individuals are not exploited and a comprehensive approach is taken to tackling the evil of human trafficking.

I refer to the provisions of the Bill. Section 1 substitutes the definitions of "exploitation" and "labour exploitation" in section 1 of the Criminal Law (Human Trafficking) Act 2008 to add forced begging and exploitation of criminal activities to the scope of exploitative conduct criminalised by the 2008 Act. Recital 11 of the directive states the expression "exploitation of criminal activities" should be understood as the exploitation of a person to commit, inter alia, pick-pocketing, shoplifting, drug trafficking and other similar activities which are subject to penalties and imply financial gain. Accordingly, in the Bill, forcing a person to engage in criminal activities, which includes forcing a person to engage in criminal activities outside the State, is defined in these terms - that is, the Bill refers to activity that constitutes an offence and is engaged in for financial gain, or that by implication is engaged in for financial gain.

The section also inserts two new definitions, namely, "beg" and "forced labour" into section 1 of the 2008 Act. The term "beg" is given the same meaning as in the Criminal Justice (Public Order) Act 2011. Begging is not an offence. The 2011 Act created an offence of harassing, intimidating, assaulting or threatening a person or persons, or obstructing the passage of persons or vehicles, while begging in any place. It also established offences of directing or controlling begging and living off the proceeds of begging. For all these offences, the meaning of begging includes soliciting money or goods from a person or persons other than in accordance with a licence or permit, etc., granted by or under an enactment. The same definition can be utilised for the offence of trafficking a person for forced begging. The definition of "forced labour" is in line with the definition of that term in the 1930 ILO convention.

Section 2 provides that where the offence of trafficking a child for exploitation, other than sexual exploitation, or the offence of trafficking an adult is committed by a public official during the performance of his or her duties as a public official, that fact shall be treated as an aggravating factor for the purpose of determining sentence. Both these offences were created by the Criminal Law (Human Trafficking) Act 2008. Unless a life sentence is being imposed or there are exceptional circumstances justifying not doing so, the court is required to impose a sentence that is greater than would have been imposed in the absence of this aggravating circumstance. "Public official" is defined as an officer or employee of a public body, the term "public body" to be construed in accordance with the Ethics in Public Office Act 1995.

Section 3 of the Bill mirrors section 2 for the offence of trafficking a child for sexual exploitation. This offence predates the 2008 Act. It originated in the Child Trafficking and Pornography Act 1998. Section 4 specifies the Short Title of the Act and provides for its coming into operation one month after its enactment.

I am bringing forward two amendments on Committee Stage today. The first of these is an amendment of substance relating to the rules of child evidence, which I hope will be widely welcomed. The second is a consequential amendment. I will elaborate on the detail on Committee Stage, but, in summary, for human trafficking offences, these amendments increase the upper age threshold for out-of-court video recording of a complainant's evidence from 14 to 18 years. They also make provision for video-recording the evidence of child witnesses under 18 years of age. These proposals represent a significant development of the laws on child evidence in this jurisdiction. While the scope is limited to human trafficking offences, the extension of child evidence rules represents the initial phase of plans for a wider extension across other offences.

The Bill is not simply about ensuring compliance with our international obligations. Even if Ireland was not a member state of the European Union or a party to international legal instruments in the field of human trafficking, we would still have a compelling moral duty to protect vulnerable persons from that crime and ensure a hostile environment for those who would exploit the weak and vulnerable for profit and personal gain. I look forward to the contributions of Members during the debate and hope the House will support the passage of the Bill. I commend it to the House.

Fianna Fáil supports the Bill which builds on the Criminal Law (Human Trafficking) Act 2008 that we introduced. The scourge of human trafficking must be directly challenged by a well-resourced Garda Síochána on an internationally co-ordinated basis. The Bill implements relevant European Union directives and hardens penalties for public officers engaged in trafficking. It also broadens the definition of forced labour to encompass criminal activities and forced begging, thereby recognising the complexity of modern international criminality. This richer definition of human trafficking reflects the need to fight modern slavery in all its forms.

The Bill expands the definition of human trafficking and clarifies definitions across a number of areas. It deals primarily with human trafficking for labour exploitation rather than sexual exploitation. The changes aim to ensure people are not exploited for the purposes of forced begging or trafficking for criminal activities. This change will bring our legislation into full compliance with the relevant EU directive. The Bill defines what is meant by forced labour in a context where the principal Act criminalised forced labour but did not fully define it. The new definition is based on the International Labour Organization, ILO, definition of forced labour. This marks a step forward in the battle to eradicate slavery in all its modern forms. The Bill also provides that public officials who are found guilty of certain trafficking offences in the course of their public duties will face harsher sentences than will private individuals convicted of the same offences.

The EU reports that 23,632 people were identified as trafficked or presumed victims of trafficking in the Union in the period from 2008 to 2010. Approximately one quarter of these victims were trafficked for the purposes of labour exploitation. In Ireland 11 cases of labour trafficking were reported to the authorities in 2011. The European Union has calculated the number of identified and presumed trafficking victims per 100,000 inhabitants for each EU country. The figure for Ireland is 1.7 per 100,000 inhabitants, while the EU total is calculated at two per 100,000. This shows the scale of the problem and the pressing need for action.

The 2010 report of the United Nations Office on Drugs and Crime states 79% of identified victims of human trafficking worldwide were subject to sexual exploitation, 18% to forced labour and 3% to other forms of exploitation. The International Labour Organization estimated that there were 880,000 victims of forced labour in the European Union in 2012. According to that organisation, some 40% of trafficking takes place for the purposes of forced commercial sexual exploitation, one third for other forms of forced economic exploitation and one quarter for a mixture of these or undetermined reasons. The EU report covering the years from 2008 to 2012 shows that women and girls are the main victims of trafficking in human beings. Female victims accounted for 79% of the total, of whom 12% were girls; and male victims for 21%, of whom 3% were boys. Most member states reported that the majority of victims in their jurisdiction came from within the European Union itself.

It is difficult to estimate with any degree of accuracy the number of people being trafficked into Ireland and within Ireland for the purposes of forced labour, sexual exploitation or both. It is very likely that a majority of trafficking cases will not come to the attention of the authorities. Migrant Rights Centre Ireland which has dealt with over 180 cases of forced labour in the past six years identifies that it is a growing problem in this country. It describes forced labour as an extreme form of exploitation which "involves deception, coercion, threats or actual physical harm, and debt bondage". The State, however, has yet to prosecute and convict any trafficking offender, as defined by international standards, on foot of the 2008 anti-trafficking law.

The US State Department, in its annual international review of human trafficking, recommended that Ireland take action along the lines set out in the Bill. The Organisation for Security and Co-operation in Europe's special representative and co-ordinator for combating trafficking in human beings visited Ireland in February 2012 and her subsequent report commended our very dynamic anti-trafficking policy. Ireland has, in a short period of time, developed good practices based on a human rights approach and good governance, in line with OSCE commitments and other international standards.

The anti-human trafficking unit, AHTU, established in the Department of Justice and Equality in February 2008 is working to ensure the Irish response to human trafficking is co-ordinated, comprehensive and holistic. A key element of this strategy is the national action plan to prevent and combat trafficking in human beings in Ireland for 2009 to 2012, which was published by the then Minister for Justice, Equality and Law Reform in June 2009. In addition to the AHTU, there are three other dedicated units in separate State agencies dealing with this issue, namely, the human trafficking investigation and co-ordination unit of the Garda National Immigration Bureau, the anti-human trafficking team in the Health Service Executive and the specialised human trafficking legal team at the Legal Aid Board.

The review of Ireland's human trafficking strategy points to the need to improve the rate of prosecutions and convictions. It also highlights the difficulties experienced by all states in doing so and the challenges in prosecuting cases. Detection is difficult, in the first instance, because it is a clandestine activity. Another factor is the reluctance of victims to contact authorities, with fear of being returned to their home country and poor previous experiences with law enforcement in home countries being cited among the reasons for this. In addition, cases are often extremely complex and difficult to prove in court.

It is clear that the Garda must be effectively resourced to tackle the main problems with Ireland's human trafficking strategy. It is vital that the Government retain a focus on the issue in the coming years. We are fully supportive of the measures contained in the Bill.

My home town of Buncrana has an interesting link with the fight to end slavery. On 8 April 1748 a slave trader named John Newton limped into Lough Swilly on his boat The Greyhound and miraculously survived a storm. He would go on to become famous as the author of the hymn "Amazing Grace".

The first few lines are evidence of the miracle: "Amazing grace! How sweet the sound/That saved a wretch like me." He was a wretch. He was a slave trader. He was an awful man but his life was turned around by that moment of salvation for himself and his crew, not immediately but over time. He went on to work with William Wilberforce, one of the greatest parliamentarians of all time, who campaigned, from his early days in Parliament and throughout his life, to bring an end to the slave trade in Britain. What John Newton brought was the seal of a man who had been responsible for absolute brutality towards, and horrendous treatment of, so many people, taking them from Africa across to the British colonies and trading and moving them around as so many others did. Wilberforce worked with him and the abolitionists against all the odds. There is a film called "Amazing Grace" which does great justice to their story. There are scenes of Wilberforce in parliament confronting Members of Parliament who represented traders who benefited from the trade. He could not have been speaking to people more opposed to him, yet he achieved his aim. It was a great achievement.

One would think that was the end of the story and a period in history to inspire us all, but slavery continues today. The trafficking of human beings as it continues today, for whatever purpose, is grotesque, barbaric and completely unacceptable in 2013. Human trafficking is humiliating, dehumanising, abusive and exploitative, and robs people of their dignity and of their very person. More often than not it is the most vulnerable in society who are trafficked, making this all the more heartbreaking.

I commend the Minister on his introduction of this Bill and Sinn Féin will support it. As we all know, this Bill will transpose some important provisions of the EU anti-trafficking directive into domestic legislation, and we welcome this. Sinn Féin and I welcome the inclusion of a definition of forced labour, which is something many of us in this House, and many NGOs, have long been calling for. Although the previous legislation criminalised forced labour in a formal capacity, it failed properly to define it. The definition brought in here follows that of the International Labour Organisation: "All work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily." This definition offers clarity where previously there were difficulties in identifying and securing convictions for trafficking for forced labour. Previously, while trafficking for forced labour was an offence, forced labour and servitude in and of itself was not an offence. In the North this was brought into law under the British Coroners and Justice Act 2009.

It is crucial to note here the importance of all-Ireland and all-island harmonisation on an issue such as trafficking. Recommendations that we do this have come from further afield too. The US State Department recommended that Ireland consider measures which would "explicitly criminalize forced labor and other forms of compelled service". Similarly, the OSCE special representative and co-ordinator for combating trafficking in human beings stated that "the introduction of an autonomous offence of forced labour could be an additional tool to tackle the criminal phenomenon of labour exploitation."

The legislation also provides that public officials who are found guilty of certain trafficking offences in the course of their public duties will face harsher sentences. This is in line with the directive and is appropriate. It recognises that a person in such a position is in a position of responsibility, and has a certain duty of care to the victim, that to abuse that responsibility is a crime of particular seriousness, and that therefore there should be particular penalties to discourage that crime.

It is important that we acknowledge why we are discussing this Bill. The Oireachtas Joint Committee on Justice, Equality and Defence yesterday issued an all-party recommendation on prostitution. We know that a considerable number of women - and it is almost always women - coming into the country have been trafficked here, usually for reasons of economic disadvantage. They have been brought here under false pretences and spend their lives in drudgery in houses and apartments across the State. We have to put an end to that and confront Irish men who think it is all right to visit a website and avail of these women. We must confront the culture and tell them about the reality of these women's lives, where they came from and how they got here. I am very proud that the committee's recommendation was agreed by all parties and Independents. I leave the Minister to consider that recommendation. In fairness to the Minister, he has given the matter very serious consideration. I look forward to the day when we have a Swedish model, nuanced to fit Irish law and best practice.

As is the case with almost all Bills coming through the House, my party colleagues and I have several concerns. First, Ireland has yet to clarify what supports and assistance will be provided to victims after criminal proceedings have concluded, as the EU directive requires. We would like to see commitments in this regard which would outline types of support and timelines for their provision. We believe the Government should use this opportunity to outline how it plans to improve victim identification with a view to improving support for and protection of victims and to preparing witnesses for criminal prosecution. There is also an issue around the lack of safe accommodation for victims. The current direct provision accommodation for victims is controversial and widely regarded as inadequate and inappropriate. Experts in the area, such as the Immigrant Council of Ireland, tell us that the service provided is institutional in nature and, specifically, does not cater for the needs of different genders. It is questionable whether it meets the EU directive's requirement for appropriate and safe accommodation.

It is unfortunate that Ireland has failed to outline any procedures for victims of trafficking with special needs, including those with disabilities, health issues, pregnancy or trauma from physical, mental and sexual abuse. The failure to identify such special needs is a matter of great concern and a shortcoming in the Bill. The State also fails to outline any measures to prevent secondary victimisation, by which people who are trafficked are forced to relive their ordeals by repeatedly giving accounts of their experiences. The Government needs to outline what measures and protocols will be taken to ensure victims do not have to recount their ordeals on numerous occasions, as required by the EU directive.

Finally, I urge the Minister to consider strengthening the all-Ireland approach to the whole problem of trafficking. There is very good co-operation between the Garda Síochána and the PSNI. I had the opportunity last year to meet the Garda Assistant Commissioner, Kieran Kenny, who has specific responsibilities in this area, and was very impressed with him, his team, his approach and his reassurances. There is a strong relationship between the two forces, so let us strengthen that and ensure that the Garda and the PSNI work hand in glove to combat and prevent trafficking of people into the sex industry, bonded labour and forced labour, forced marriages, etc. In conclusion, this is a good Bill overall and we are happy to support its journey through the Houses, but I ask the Minister please to take into consideration some of the shortcomings I have pointed out. One of the concerns we will have, as we give resources to the police services on the island to combat human trafficking, is how we support the victims, whether in prostitution or in another sphere, so that they have support and sustenance and are not just left there. I am sure that will not be the case but I ask the Minister to consider those concerns. Overall, this is a good Bill.

I thank the Ceann Comhairle for the opportunity to speak on this very important legislation. I warmly welcome the Criminal Justice (Human Trafficking) (Amendment) Bill 2013 and will be supporting it. We all have a duty to act and fight the gross exploitation of people. This Bill will protect people from human trafficking in Ireland and across the European Union.

The Criminal Justice (Human Trafficking) (Amendment) Bill 2013 deals primarily with trafficking for labour exploitation. On the 100th anniversary of the 1913 Lock-out, it is sensible and reasonable to always challenge exploitation. The term “criminal” is rightly in the legislation because what happens to the victims of trafficking is criminal exploitation at its worst. There can be no halfway house on this matter or turning a blind eye like what happens in other states. Our own history is one of fighting exploitation and dealing with injustice head on.

The Bill further defines the meaning of exploitation and trafficking for labour exploitation in Irish law. It explicitly criminalises trafficking for criminal activities and in order to force someone to beg. In cases where a public official is convicted of certain trafficking offences the courts will be obliged to use this as an aggravating factor when passing sentence.

While we are debating this issue, it is important to include it in the broader debate on human rights and racism in society. We must all be vigilant against racism. It is important that the Department of Justice and Equality constantly monitors this issue because racist views have been emerging again in society. In a recent poll, 20% of people expressed racist views, which concerns me. When matters get bad in an economy, people blame immigrants for issues that have absolutely nothing to do with them. There is a political vacuum for far-right groups to move into. Regardless of party politics, we should not tolerate racism. Even if it is not popular with some elements, we have to be strong against it and sectarianism. If we are not, then there is no point in discussing human rights in this Chamber. All Members and political parties must show leadership on this issue.

Trafficking in persons for the purposes of sexual or labour exploitation is outlawed in Ireland through the Criminal Law (Human Trafficking) Act 2008. The principal Act criminalised forced labour but did not fully define it. The new definition is based on the International Labour Organisation definition of forced labour, “All work or service which is exacted from any person under the menace of any penalty and for which the person has not offered himself voluntarily”. This strengthens the existing legislation.

The Bill also provides that public officials who are found guilty of certain trafficking offences in the course of their public duties will face harsher sentences than private individuals convicted of the same offences. I welcome this provision because it is unacceptable for public officials to be involved in such activity.

Yesterday, the justice committee released a report on the purchase of sexual services. I commend the committee chairman, Deputy Stanton, and membership on their work in this area. The report proposes increased penalties for trafficking for the purposes of sexual exploitation; increased penalties for organising or living off the earnings of prostitution; an offence of recklessly permitting a premises to be used for the purposes of prostitution; the regulation and inspection of premises advertised as massage parlours so as to eliminate those used for prostitution; witnesses in cases dealing with sexual exploitation through prostitution or trafficking to give evidence anonymously; an offence of grooming a child or vulnerable person for the purpose of sexual abuse or exploitation; power for An Garda Síochána to disable any telephone number in use in the State that is suspected on reasonable grounds of being used for the purposes of prostitution. Will the Minister examine these recommendations with a view to legislating for them and not mind the odd whingebag in the Seanad who came out against it?

The EU reports that 23,632 people were identified as trafficking or presumed victims of trafficking in the EU between 2008 and 2010. Roughly a quarter of these victims were trafficked for the purpose of labour exploitation. In Ireland, 11 cases of labour trafficking were reported to the authorities in 2011. The EU calculated the number of identified and presumed trafficking victims per 100,000 inhabitants for each EU country. It is calculated Ireland has an incidence of 1.7 victims per 100,000 inhabitants while the EU total is calculated at two victims per 100,000 inhabitants.

Generally, trafficking for labour exploitation is not as prevalent as trafficking for sexual exploitation. Victims of trafficking for labour exploitation may be forced to do agricultural work, work in commercial kitchens or in private homes. Different reports present information differently, for example forced begging may or may not be counted as a separate category and trafficking for criminal activities may not be separated out from other forms of trafficking. The extent of trafficking in a country is generally measured by the number of trafficking victims or potential victims identified; the number of cases reported to the authorities or organisations; the number of trafficking cases being investigated by the police; the number of court cases and convictions for trafficking.

The 2010 report of the United Nations Office on Drugs and Crime stated that worldwide 79% of identified victims of human trafficking were subject to sexual exploitation, 18% were subject to forced labour while 3% were subject to other forms of exploitation. That is why we must not just support this Bill but be vigilant in its implementation. The International Labour Organisation estimated in 2012 that there were an estimated 880,000 victims of forced labour in the EU. That is some figure in a Union that prides itself on respect for its citizens and human rights. According to the International Labour Organization about 40% of trafficking takes place for forced commercial sexual exploitation, about one third for other forms of forced economic exploitation and a quarter for a mixture of the above or for undetermined reasons.

The European Union must wake up to this issue in the broader debate.

The European Commission has produced a number of very good reports, at which we should look very closely. It identified particular figures from 2008 to 2010, when a total of 23,632 people were identified as victims of trafficking in the European Union. The total number of identified presumed victims was 6,000 in 2008, 7,795 in 2009 and 9,528 in 2010. The reason I mention these figures is that over these three years there was an increase of 6% per year, with an overall increase of 18% over three years, but the statistics also show that fewer traffickers ended up behind bars. The number of convictions decreased by 13% over the period from 2008 to 2010. We must deal with this issue because traffickers are getting away or escaping the system. The level of exploitation is amazing. It is like an undercurrent in broader society. Only six of the 27 EU member states have fully transposed the EU anti-trafficking directive in their national legislation. The deadline for doing this was 6 April 2013. Therefore, we need to get on with this task and identify the issues involved. The legislation is before us and we should support it and have no more talks about talks.

Gender specific information from 21 member states shows that between 2008 and 2010 women and girls were the main victims of trafficking in human beings, accounting for 79% of the total. Of this 79%, 12% were young girls. We should think about the legislation going through the Dáil on exploitation. Male victims accounted for 21%, with 3% being boys. Most member states reported that most victims came from within the European Union itself. Many were under the impression that most victims were from outside the European Union. It is important that we work very closely with these countries, NGOs and human rights groups on this issue.

We have started the process and I welcome the Bill. An anti-human trafficking unit was established in the Department of Justice and Equality in February 2008 and works to ensure the Irish response to trafficking in human beings is co-ordinated and comprehensive. We also had the key element of the national action plan to prevent and combat the trafficking of human beings in Ireland which ran from 2009 to 2012. There are other dedicated trafficking units in other State agencies. The Garda National Immigration Bureau has an anti-human trafficking team, as do the HSE and the Legal Aid Board. We have systems in place and legislation is before us. It is important that we support the legislation and implement it comprehensively. We have seen what happens to people who have been exploited and hammered in recent years. This is an opportunity to support them. The Criminal Law (Human Trafficking) (Amendment) Bill is sensible legislation about protecting human dignity, civil liberties and human rights.

I will share time with Deputy Aodhán Ó Ríordáin.

I warmly welcome the legislation and thank the Minister for his work on it. A case in my constituency where a Pakistani worker was exploited was probably one of the catalysts for the Bill. Although the rights commissioner awarded the man in question €92,000, the High Court felt obliged to overturn this decision on 31 August last year. As a result the exploiter walked free. That is an example of why the legislation is so necessary. At one stage the man was being paid the princely sum of 55 cent an hour. After becoming aware of this case, I met other people, mainly women, who had suffered in a similar way and, in many cases, a worse way than the man in question. When one hears the human stories, one realises the vulnerability of the people involved, particularly if they do not speak English. People may be exploited in family homes or as sex workers and they are extremely vulnerable. That is why the legislation is so necessary. The idea that we have modern slavery is absolutely appalling and anathema.

I hope the legislation will help to address the problem of human trafficking and forced labour, particularly for sexual exploitation and domestic servitude, which are probably the main problems in Ireland. I also welcome the publication yesterday of the report on prostitution of the Oireachtas Joint Committee on Justice, Defence and Equality. I am concerned by reports that it can take a long time for the authorities to recognise victims of human trafficking, given that they are not entitled to many supports while they are waiting for their status as trafficking victims to be confirmed. The protections accorded to victims of human trafficking are set out in a policy document on administrative arrangements for the protection of such victims. All victims who come to the attention of the authorities are known as potential victims and granted similar supports to asylum seekers. They are given basic access to health care and can access counselling, if they are in a traumatised state. Until the victim has been identified by the Garda National Immigration Bureau as a suspected victim of trafficking, he or she is not entitled to a reflection and recovery period, immigration status or pursue the possibility of work. In some cases, it can take more than one year for the Garda National Immigration Bureau to determine whether someone is a victim of trafficking and during this time the person concerned lives in limbo and his or her undocumented status is tolerated by the authorities. I would be grateful if the Minister would provide an update on the timing of the Immigration, Residence and Protection Bill 2010 which is expected to improve the position in this regard. I am very appreciative of the work being done by the Minister in this area.

When the legislation is enacted, there will be a real need for careful monitoring of places where modern slavery is likely to take place. Particular attention needs to be paid to prostitution, people working in domestic service and businesses exploiting people of the same nationality, usually where English is not spoken. In such circumstances, employees are often dependent on their employers for housing and other basic needs. Legislation of itself, while very welcome, is not enough. We need inspection.

I support the legislation and thank the Minister for his work. I also acknowledge the work of Migrant Rights Centre Ireland.

I commend the Minister on bringing the Bill before the House. This is a day which will largely go unnoticed, unfortunately, but it is the day on which we will effectively criminalise slavery in Ireland by defining "forced labour" and reinforcing it as a specific criminal offence. Like my colleague, Deputy Robert Dowds, I congratulate Migrant Rights Centre Ireland, Ms Denise Charlton, Ms Siobhán O'Donoghue, Ms Gráinne O'Toole and others who have worked so hard to bring the legislation to the House, with the assistance of the Minister. Some of the victims are in Leinster House today. They never lost faith in the Republic and engaged with the political system and are seeing their rights vindicated today.

Over 180 cases have been dealt with by Migrant Rights Centre Ireland, MRCI, over the last number of years. I remember that my first political election campaign came in the teeth of the citizenship referendum in 2004, when official Ireland did its very best to have a cloud of suspicion hanging over our newest and most vulnerable communities. We have come a long way since, and this Bill is part of the process, but the political system must show much more leadership across Ireland in dealing with our newest and most vulnerable communities.

How brave must a person be to land into a country after seeing civil rights and human dignity suppressed, with nowhere to go and no understanding of the language, and yet still have the opportunity to come to the House today to see legislation passed that will criminalise forced labour? A particularly brave person believes in the Republic and has the Republic believe in him or her. I commend the Minister on what he has done, and what we have achieved is very special.

We should focus on certain matters for victims of forced labour. If and when a criminal offence is proved to have taken place after criminal proceedings have concluded, there may be an issue regarding the lack of support and assistance being provided to victims. I hope the Minister will specifically address the issue when he makes his concluding remarks. I celebrate the fact that there is support for the Bill right across this House, but it is important for us to recognise that regardless of how vulnerable or disconnected a person feels, how many rights have been impinged or how lonely a person feels, there is always a group of decent, progressive people who will stand up for rights, using the system for the right end to vindicate those rights. The Migrant Rights Centre Ireland is the group in this case and I heartily congratulate it.

We cannot rest on our laurels and we must consider what the Migrant Rights Centre Ireland has pointed out in this Bill. It is a good day for the Republic but we must continue to assist those who have been proven to be victims of forced labour, and after criminal sanctions have been imposed, they must be given support to rebuild their lives as citizens of this Republic. That should be the next focus for the Minister, although I commend him and the Bill. I also commend those people who campaigned on the issue, and Deputy Dowds and I have been centrally involved in the matter. We must take stock of today's achievement.

I welcome the opportunity to speak on this important issue. The Criminal Law (Human Trafficking) (Amendment) Bill 2013 is a vital step forward and one that will strengthen the protections in place for some of the most vulnerable in our society by transposing into Irish law the relevant EU directive. I commend the Minister on his prioritisation of this Bill despite the very extensive legislative programme within his Department. It will serve to ensure that any individual profiting through the exploitation of another will be duly punished and given a sentence reflecting the gravity of the crime of affecting an individual's freedom, liberty and personal rights. It locks down the definitions in place to ensure that fewer cases of exploitation slip through the net.

Human trafficking is a deplorable practice that is unfortunately all too prevalent in our society. It involves the ripping of loved ones away from their homes, families and security and preying on their subsequent loneliness and vulnerability. It is alarming to learn that between 2008 and 2010, 24,000 people were trafficked across EU states. We must be active in weeding this scourge out of our society and any steps that actively tackle this must be welcomed. I am pleased this Bill tackles some of these issues and in particular I welcome the expansion of the definition of human trafficking to include forced begging and exploitation for criminal activities.

The prevalence of forced begging has increased dramatically and worryingly in society over the past number of years. There have been ever-increasing reports that a small portion of those who are seemingly in destitution with no option left but to beg are not genuine cases and are not in fact allowed keep any of the donations kindly given by concerned passers-by. Rather, they are deliberately established, controlled and monitored to derive maximum profit for an unscrupulous third party. Some people have reported to public representatives that they have offered food or clothing to those begging only to have these offers refused as their masters have instructed them to seek money instead. This forced begging, organised by criminal gangs, cannot be allowed to continue. It is a cynical, repulsive ploy designed to play on people's kindness. Not only is it distressing, cruel and unfair on those compelled to beg, as they see none of the profit or benefit themselves; it also has an impact on genuine cases and hardens our hearts to some of the neediest in our society. By preying on the public through these schemes, those responsible discourage people from helping others and increase their suspicion and contempt. I welcome the fact that this Bill recognises and take steps to ensure this problem is targeted.

The exploitation and trafficking of individuals for the purposes of undertaking criminal activities is a major issue in society. In many cases migrants are brought into the country and forced to engage in criminal activity such as working in a cannabis grow-house or handling and transporting stolen goods. They are treated as slaves and risk arrest on a daily basis.

The Migrant Rights Centre of Ireland has had more than 180 reports of cases of forced labour in Ireland over the past six years. Furthermore, the centre believes that the true figure is much higher and that many of the blameless victims of trafficking for the purposes of forced labour were too terrified to come forward. They feared that as there were no clear protections for them in law they would be scapegoated and essentially held responsible for the criminal activities they were forced to undertake. I hope this Bill will go some way towards quelling these concerns and will urge victims to come forward and seek assistance. To ensure that victims feel safe to do so, it is important that these victims are protected, assisted and afforded full access to justice. In many cases they will have no money, security or safety net in Ireland. They will have been working with no pay in horrendous conditions with no freedom. Although the recognition of this crime is most welcome, I urge the Government to put adequate supports in place to assist these people in integrating into society. It is essential that they receive the support and assistance they will need to move forward.

Essentially, this Bill represents progress in that it will tighten our laws on trafficking and exploitation and bring us in line with other European countries. It will allow for cross-border co­operation and a united front. That said, we need to do more to ensure that those still trapped in a life of threats, abuse and violence are offered hope. It is imperative that any individuals identified as being trafficked for these purposes must be given proper supports and legal representation.

The Immigrant Council of Ireland has identified a number of safeguards and measures that should be established to identify and assist the victims of trafficking. These include the need for safe accommodation for victims, medical and emotional supports and specialised supports for those with special needs. Although organisations such as the Immigrant Council of Ireland and the Migrant Rights Centre of Ireland are doing stellar work and doing their utmost to provide support to these victims, more needs to be done at a governmental level to address the shortfalls in the provision of assistance and support to victims. A Minister of State, Deputy Kathleen Lynch, has previously stated that we have well-established arrangements for the provision of assistance and I urge her to speak to the bodies that assist these individuals on a daily basis and engage with them in developing a comprehensive, clear and accessible service.

I welcome the Bill, but a key issue that is not adequately addressed is the trafficking of women and children for sexual purposes. Some 80% of those who are trafficked through the EU are women and girls and 62% are trafficked for sexual exploitation. As recently as the beginning of this month, the US State Department highlighted the fact that Ireland remains a "destination, source and transit country for women, men and children subjected to sex trafficking and forced labour".

Unfortunately, this is the primary cause of trafficking. Stringent safeguards must be introduced to tackle this repulsive practice. It is welcome that recommendations for this purpose to end prostitution and trafficking have been advanced by the Joint Committee on Justice, Defence and Equality. I urge the Minister to take swift action on them. While this legislation is welcome, it must mark the beginning rather than the end of our efforts to crack down on trafficking and exploitation. As a nation, we pride ourselves on our generous, kind and welcoming nature. It is important for this generosity to be extended to those who have been exploited and mistreated and experienced cruel treatment on our shores.

I welcome publication of the Bill and commend the efforts being made by the Minister, the Department of Justice and Equality, the Garda Síochána and others to combat the evil of human trafficking. We cannot be complacent about this problem and have to be vigilant at all times. Other speakers have mentioned the report launched yesterday by the joint committee that was asked by the Minister to review the legislation on prostitution. As Deputies have said, a number of far-ranging recommendations are made in the report. When the members of the committee listened to those who shared their expertise on these issues, we were struck by the links between prostitution, sexual exploitation and trafficking.

The Bill before the House - the Criminal Law (Human Trafficking) (Amendment) Bill 2013 - is another example of legislation being introduced to amend existing Acts. It can be difficult to keep track of what is going on. The Law Reform Commission which has done a great deal of work to restate and revise various Acts mentions on its website that the "Freedom of Information Act 1997 has been amended by more than 47 Acts since 1997, and it is therefore important to have available an up-to-date version that incorporates all amendments to the 1997 Act". It also points out that the "Statute Law (Restatement) Act 2002 provides that the Attorney General may certify the text of a restatement, which allows it to be used as prima facie evidence of the law in question". I urge the Minister and all Departments to consider this. The cost of accessing legislation can be significant for businesses, the economy and legislators. It is extraordinarily difficult to go through a great deal of amending legislation to understand what the current position is. I ask the Minister to examine the work done by the Law Reform Commission. I understand the commission's second programme of restatement involved 12 groups of Acts, with an additional three groups to be added, if time allows. The amount of time needed to research the body of legislation in place is daunting, as is the cost to the economy of such work. Would it be possible for us to consolidate legislation as we go along?

I will return to the amending legislation we are dealing with. The introduction of the Criminal Justice (Human Trafficking) Act 2008 made it an offence to purchase sex from an identified victim of trafficking. However, buyers of sex can only be held accountable when they knowingly purchase sex from a trafficked person. According to section 5(4) of the Criminal Justice (Human Trafficking) Act 2008, buyers cannot be held accountable if they claim they were not aware that they were purchasing sex from a person who qualified as a victim of human trafficking. In effect, this lets the purchaser off the hook. As far as I know, there have been no prosecutions to date for purchasing sex from a victim of trafficking. Studies have shown that although men are aware of the potentially coerced or trafficked status of the women from whom they buy sex, this does not affect their decision to purchase sex from them. Therefore, it is clear that any criminalisation of the purchase of sex would require reforms to the current legislation on trafficking. It has been suggested any new legislation in this regard should be modelled on the UK Policing and Crime Act 2009 which makes the purchase of sex from a controlled individual illegal, even if the purchaser does not know the individual was controlled. This would bring Ireland's trafficking legislation further into line with international instruments in the tackling of human trafficking, especially for the purposes of prostitution.

I argue, in the context of the report launched yesterday and the legislation we are considering, that changes involving the criminalisation of prostitution must have a victim-centred approach that treats trafficking as a human rights issue rather than as an immigration issue. I know a great deal of work is taking place in the context of the forthcoming immigration Bill which we hope will be published as soon as possible. We have to take great care to focus on the complex needs of the victim of trafficking in the aftermath of trafficking and exploitation, as opposed to focusing on the person’s immigration status. It has been argued that "the over-reliance on the immigration system to detect victims of trafficking and the fact that most victims are forced to make their own escape from traffickers if they are to access help, results in a relatively low number of victims receiving assistance in Ireland". It could be argued that we really do not know what is happening. We are getting anecdotal evidence that there is a serious problem, but we really do not know what is going on. I argue that one or two gardaí in every Garda division or district should be specially trained in order that they have expertise in the area of trafficking. They should have the skills to look out for it, follow up on reports, investigate and inquire.

Despite the positive efforts of the anti-human trafficking unit and the non-governmental organisations working in this area, very few victims of trafficking are identified and supported each year. When they are identified, they often believe they have to co-operate in criminal investigations under risk of criminal sanction or deportation. We need to look at what we are being told in this regard. The support and assistance given to victims should not be contingent on co-operation with the authorities in criminal investigations. Equally, their long-term residency status should not depend on such co-operation. There is some work to be done to change the mindset in this regard. Victims of trafficking should not be detained or imprisoned as a result of immigration violations or criminal activities relating to prostitution. They should be identified as being trafficked and given the appropriate protections and supports. We are moving in that direction, but we need to do more. I will not say much more about this matter.

I commend the Minister on bringing forward this legislation and all the work he is doing in this general area. I thank him for all the legislation he is sending to the Joint Committee on Justice, Defence and Equality and all the other work he is asking us to do. He is certainly keeping us on our toes. We welcome the opportunity to engage and work positively with him and his officials on this legislation and other issues.

I thank those Deputies who have contributed to this interesting and important debate on the Criminal Law (Human Trafficking) (Amendment) Bill 2013. This very important Bill achieves some important objectives. To put it simply, the legislation fills in outstanding suggested gaps in our legislation in this area and meets our EU obligations, while acknowledging in a tangible way the issues that have to be addressed and the importance we attach to dealing with the issue of human trafficking. The EU directive is one element of regional and global action against human trafficking. We must do everything in our power to address the issue at national level, while assisting regional and international efforts aimed at preventing and combating this crime, protecting the victims and, most importantly, prosecuting traffickers. It is important that victims have the protection and assistance they require. They should feel they can assist the Garda Síochána without being at any immediate risk of being required to leave the State. They should be given whatever assistance or protection they require to assist in bringing those engaged in this appalling activity to justice.

In order to tackle recent developments in the phenomenon of trafficking in human beings, the EU directive adopts a broader concept than previously of what should be considered human trafficking. To fully comply with the directive's minimum definition of "exploitation", the Bill criminalises trafficking for the purposes of forced begging and criminal activity, as I mentioned earlier.

Put simply, human trafficking is an abhorrent abuse of human rights. It is crucial that legislation keep pace with global developments in tackling this heinous crime.

I am grateful to have the opportunity in the Bill to define the term "forced labour". As I stated, the overall view was that our legislation already dealt with the issue of forced labour which one contributor described as slavery. The definition in the Bill provides greater clarity and leaves no room for doubt or uncertainty. The International Labour Organization's definition of "forced labour" is the international standard and the Bill follows that standard. In addition to bringing clarity to the meaning of the term, the definition will send a strong message that those who exact labour from a person without his or her freely given and informed consent can be held fully accountable under the law.

Before addressing some of the specific issues raised by Deputies, I thank all those who spoke, from all parties and none, for their full support for the Bill and presence in the House to express that support. That the legislation enjoys all-party support and there are no dissenters of any description on the Government and Opposition sides sends an important signal. In the context of the all-party approach, it is right to acknowledge, as Deputy Niall Collins mentioned, that we are building on legislation enacted by a previous Government. In addressing issues of this nature, if, as we learn more and discover issues that may not have been previously addressed, there is any suggestion there is any gap in our approach, we must ensure we address it. It is right that we acknowledge that this is an approach of which all sides approve.

Deputy Pádraig Mac Lochlainn and a number of other Deputies, including the Chairman of the Joint Committee on Justice, Defence and Equality, Deputy David Stanton, referred to the all-party report on prostitution. As Deputies are aware, prostitution is an issue we took with great seriousness. We published a consultative document, furnished it to the joint Oireachtas committee and held a one day seminar under the sponsorship of my Department. I was pleased to learn yesterday evening that the joint committee had completed its deliberations on the matter. While I have not yet had an opportunity to read its report, I look forward to learning what recommendations it has made and considering how we will progress matters in a careful and effective manner. I am pleased that we commenced the discussion on this issue in government. Much was done by non-governmental organisations in the lead-in to the formation of the Government as they sought change in this area. My view was that we should take a comprehensive approach to the matter, including through public engagement. In this connection, the joint committee had an opportunity to hold hearings on the issue. I look forward to reading the report and considering its content.

Deputy Finian McGrath raised an issue of importance. While the Deputy and I disagree in some areas, this is an area in which we are in perfect harmony and agreement. It is important that we do everything necessary and appropriate when dealing with issues of human trafficking and relating to our new communities. This country is renowned for the welcome and tolerance it shows to new immigrants. This does not mean that from time to time some of those who come here from other countries do not experience some difficulty. It would be naive to believe this was the case. I find disturbing a recently published report which suggests there has been an increase in the degree of prejudice or opposition shown towards those who come to the State from other lands. For centuries Ireland's sons and daughters have emigrated to countries across the world. We have contributed enormously to the building of other countries. On occasion, our emigrants landing in other countries have experienced difficulty and prejudice and we, at home, have always sought to counteract this and be of help to our emigrants. Since independence, successive Governments have engaged with other states to ensure members of the Diaspora are treated well in the states in which they reside. We must ensure we extend the same welcome and understanding to those who come to join us as we expect will be extended to our sons and daughters who choose to leave this island.

There should never be any suggestion of support for any individual or body outside the House that engages in racism or intolerance. Fortunately, in contrast to some other parliaments where it sadly has occurred, no Member of this House has sought to try to exploit for political gain the worries and concerns of a minority on immigration issues. Deputy Finian McGrath is right; we should not allow any political vacuum to develop in this area. All of us in this House, Independent Deputies and representatives of all the parties, should make it absolutely clear that any form of racism or intolerance is to be rejected and not compatible with our values in this republic and democracy. It was for this reason that the growing problem of racism, xenophobia and anti-Semitism in Europe was, in the fundamental rights context, made a priority during the six months of the Irish Presidency of the European Union and placed on the agenda for the first meeting of Ministers held in early January. It was also the reason we held a high level conference in Farmleigh to deal with this issue and engaged with the European Commission on it. I engaged at further Council meetings with my European ministerial colleagues with responsibility for justice and home affairs to have the European Union dynamically address what could be done across the Union to tackle what was a growing problem in some states and one that some politicians were seeking to exploit. We have put in place a course of action that I hope will produce, following a consultative process and further engagement, a holistic European Union approach, to be published in 2014.

While most European Union member states have laws to tackle racism and xenophobia, it is necessary to move beyond having legislation in place. The issue is one of attitudes and how we treat and embrace our immigrant communities. It is about how the children of immigrants are embraced as being part and parcel of the school system and how we ensure integration rather than separation. These are all very important issues and values. I am pleased that the citizenship ceremonies we hold have been greeted so well by those acquiring Irish citizenship.

I hope they are a symbol of the values and inclusiveness we in this State hold dear in the context of our approach to those who choose to live among us and who seek the pride of being Irish citizens.

In the context of the recent European Union survey, this is an issue to which I wish to give further active consideration with regard to discovering if there is a growing intolerance in this State. I have not experienced such intolerance. There has been an overwhelming welcome for citizenship ceremonies, not merely from the immigrant communities but also from the vast majority of Irish people with whom I have discussed this matter. In so far as communications are received by my Department, there has been an enormous welcome expressed in respect of citizenship ceremonies. I wish to ensure that we will not travel the route which has been travelled in some other European Union countries. I would welcome the support and assistance of Deputies on all sides in this regard.

Deputy Dowds referred to the case of a Pakistani national. That case received a great deal of media attention. During the drafting process we focused our efforts on ensuring that Ireland will comply with the EU directive and that any gaps or issues will be addressed in order to ensure the effectiveness of the legislation. When the legislation was being prepared, the case in question was the subject of much prominence and it informed our thinking. As I stated earlier, that is why the Minister for Jobs, Enterprise and Innovation is addressing this matter in the context of work permits. Our Departments have been liaising on the issue. It is important that we should deal with this matter and ensure that in the future individuals who are undoubtedly exploited will have access to redress. In the case in question, the person who engaged in the exploitation was able to escape the effects of our laws on technical grounds. This is an important matter.

Reference was made to Migrant Rights Centre Ireland and the Immigrant Council of Ireland, both of which do very important work. I am sure that when they are lobbying, they occasionally find the pace in respect of some of the changes they would like to see being implemented somewhat frustrating. In my former life I was a member of two or three non-governmental organisations and on occasion I found the length of time it takes for change to be effected a little frustrating. In making changes, we must always be careful how we proceed. That is particularly true in the context of drafting legislation. For example, legislation which may initially appear straightforward can often be quite complex in the manner in which it needs to be drafted. When the drafting process has been completed, it is always important to allow people time to reflect on what has been prepared. As someone who has drafted many Bills - I even did so prior to becoming a Minister and without the assistance of my officials - I can state that I have never yet drafted one in which, having moved away from it for a period of two to three weeks and then returned to it with a fresh mind, I have not discovered gaps or aspects which were not addressed as comprehensively as should have been the case. I encourage both of the organisations in question in the context of the important work they do. They should never be of the view that, in the context of either what they are doing or saying, they are being ignored. They make a substantial contribution to the development of policy and legislation and I thank them for what they do.

A number of Deputies referred to the immigration and asylum Bill. To an extent, I am as frustrated as some of those outside the Dáil with regard to how long it is taking to bring that legislation before the House. There have been three previous versions of the Bill and we are going to be publishing a fourth. Each version which has been published as been better than that which preceded it. However, Fine Gael and Labour were not satisfied with the most recent version brought forward by the previous Government and they tabled many amendments to it when in opposition. Instead of producing myriad amendments to that version of the legislation, it was decided to produce a new version. When that decision was taken, in excess of 300 amendments had already been tabled to the previous version. My Department is very committed to bringing forward the new Bill. We are awaiting the Attorney General's advice in the context of completing the drafting process. The Attorney General's office has been under enormous pressure as a result of the broad range of legislation with which it is being obliged to deal. I hope, however, that the Bill will be published before the end of the year. I am loth to provide an exact date because when I did so on a previous occasion, it was not possible to proceed with publication. I hope we will achieve publication by the end of the year.

Deputy Stanton referred to a particular issue in the context of legislation. I am a great believer in consolidating legislation, where possible, and in not making it any more complex than is necessary. I also believe it is important that we should get on with enacting the many reforms that are required. In some cases, one must make a choice between consolidating existing law by incorporating some changes or proceeding to introduce three or four different Bills that will have a more direct impact. In an ideal world, we would consolidate every item of legislation as it is amended. Unfortunately, this is not possible but I take note of what Deputy Stanton said.

Deputy Lowry and others referred to the sexual exploitation of individuals. The sexual or other exploitation of individuals for any reason should not be tolerated. We are yet again laying down a marker as to our approach to this particular area.

Deputy Stanton also inquired as to why there have been so few prosecutions to date. Since the enactment of the 2008 Act, in excess of 200 allegations of human trafficking have been referred to An Garda Síochána. Investigations have been completed in respect of approximately two thirds of these. Unfortunately, in the vast majority of cases insufficient evidence of trafficking in human beings has been found in order to sustain prosecutions. Since the 2008 Act came into effect, a concerted effort has been made by the Garda vigorously to prosecute offenders. I assure the House that effort will continue into the future. It must be noted, however, that the experience of the Garda in this jurisdiction, which is similar to the experience of police forces elsewhere, is that investigations in this regard are extremely complex, that they take time to complete and that there are particular difficulties involved. Certain of these difficulties arise as a result of some of those who claim to be the victims of trafficking simply leaving the State in circumstances where it is making provision for their residence and support. The House may be interested to note that during 2012 a total of five persons were prosecuted for offences under the Criminal Law (Human Trafficking) Act 2008, the Child Trafficking and Pornography Act 1998 and other legislation. There were also six convictions under the Criminal Law (Human Trafficking) Act 2008, the Child Trafficking and Pornography Act 1998 and the Criminal Law (Sexual Offences) Act 1993.

Unfortunately, in some cases it is not possible to gather the evidence to pursue perpetrators or to meet the criteria for the offence of human trafficking. In such circumstances it may, and has proven to be, possible to bring charges against offenders in respect of other crimes, such as money laundering or prostitution-related offences. The achievement of convictions in such cases must be recognised as a positive step in the punishment of potential offenders for the crime of human trafficking. On occasion, those who have engaged in human trafficking have, therefore, been convicted of offences other than that of human trafficking. The evidence has been available to allow for such convictions. It is important to state that prosecutions should not be the sole measure of the effectiveness of law enforcement. Account must also be taken of policing measures aimed at prevention, creating a hostile environment for traffickers, and international co-operation and information-sharing resulting in convictions in other jurisdictions for offences which take place outside this jurisdiction.

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