Ireland signed the convention on 13 April 2007 and it entered into force on 1 February. It entered into force for Ireland on the first day of the month following the period of three months after the depositing of our instrument of ratification. Approval is now being sought to ratify the convention as well as the necessary legislative and administrative measures required to give it effect, all of which are now in place. The criminal law provisions in the convention have been given effect to by the Criminal Law (Human Trafficking) Act 2008 which became operational on 7 June 2008. Some of the support provisions, including a period of recovery and reflection of 60 days, will be given statutory effect in the immigration, residence and protection Bill when it is republished and enacted. In the interim they are provided on an administrative basis since the commencement of the 2008 Act.
A legislative amendment is required to enable the Legal Aid Board to provide legal advice on a statutory basis to victims, or alleged victims, of trafficking in respect of any matters that arise for the person under the 2008 Act or in respect of offences under other legislation committed in the course of, or in connection with, human trafficking. The proposed amendment is contained in the civil law (miscellaneous provisions) Bill which is being drafted. In the interim, the Legal Aid Board is providing such assistance on an administrative basis.
The Deputies will see from the briefing note that my Department, in co-operation with a number of Departments and agencies, and with the support of the community and voluntary sector, has also put in place a number of key measures to tackle this crime.
I would now like to highlight some of the main provisions of the convention such as the definition of trafficking as set out at Article 4 in the convention. Article 5 deals with the prevention of trafficking. State parties are required to take measures to establish or strengthen national co-ordination between the various public authorities, non-governmental organisations and members of civil society in the prevention of trafficking and the protection of victims. It also requires state parties to take measures aimed at awareness-raising for persons vulnerable to trafficking and for front line personnel. Article 6 deals with measures to discourage the demand that fosters all forms of exploitation, including measures such as research, awareness-raising, targeted information campaigns and educational programmes. Articles 7, 8 and 9 set out the measures to be taken to strengthen border control and to ensure the validity and security of travel or identity documents.
Article 10 provides that state parties shall take measures to ensure that victims are identified in order to provide them with the necessary supports and to avoid the possibility of a victim being removed from a state as a person illegally present in the state. It also provides for special protection measures for children. Article 11 deals with the protection of the private life and identity of a victim, particularly child victims.
Article 12 provides that victims of trafficking are to be given physical and psychological assistance and support for their recovery and reintegration into society. The assistance to be provided must include accommodation; psychological and material assistance; medical treatment; translation and interpretation facilities, where necessary; counselling and information; assistance to enable their rights and interests to be presented and considered at appropriate stages of criminal proceedings against offenders; and access to education for children. The victims' safety and protection needs must also be taken into account. Victims lawfully resident must be authorised to have access to the labour market, to vocational training and education in accordance with rules adopted by state parties. This article also provides for measures to be taken to co-operate with non-governmental organisations and civil society in the provision of assistance to victims.
Article 13 deals with the provision of a recovery and reflection period of at least 30 days where there are reasonable grounds to believe that a person is a victim of trafficking. The convention provides that this period should be sufficient to allow the victim time to recover and escape from the influence of the traffickers and to take an informed decision regarding their possible co-operation with the authorities. Article 14 provides that a renewable residence permit shall issue to victims in one or other of the two following situations or in both — where the competent authority considers that their stay is necessary owing to their personal situation or if their stay is necessary for the purpose of their co-operation with the authorities in investigation or criminal proceedings. A residence permit for a child victim should always be issued in accordance with the best interests of the child.
Article 15 deals with access to information on relevant judicial and administrative proceedings for victims, the right to legal assistance and free legal aid in accordance with conditions under internal law, and also the right of victims to compensation. Article 16 sets out the measures to be taken to assist a victim who wishes to return voluntarily to his or her country of origin. It also sets outs measures to be taken in the case of the non-voluntary return of a victim.
Chapter IV deals with substantive criminal law provisions, the majority of which have been given effect to in the 2008 Act. Chapter V deals with investigation, prosecution and procedural law. Among other provisions, it sets out measures to be taken to ensure the protection of victims, witnesses and others who collaborate with judicial authorities including the protection of a victim's identity during court proceedings. It also provides for special protection measures to be afforded to child victims, taking into account the best interests of the child. Article 29 requires a state to establish specialised authorities and co-ordinating bodies in the fight against human trafficking and the protection of victims.
Chapter VI deals with international co-operation and co-operation with civil society. Chapter VII sets out the monitoring mechanism for implementation of the convention. Chapters VIII, IX and X deal with the relationship between the convention and other international instruments, amendments to the convention and clauses on the signature and entry into force of the convention.
I am satisfied that all of the structures are now in place to comply with the provisions of the convention and it is now time to proceed to ratify it. Our ratification of this convention means we will become part of a European-wide agreement which sets minimum standards for protecting and supporting trafficking victims. It will strengthen our ability to protect victims of this heinous crime and deter the criminals who make large profits from the misery of others.
