Dáil Éireann Debate, Wednesday - 8 December 2004
77 Mr. Allen asked the Minister for Justice, Equality and Law Reform the efforts being taken at national and European level to prevent human trafficking into the European Union; and if he will make a statement on the matter. [30042/04]
View answerLegislation is currently being prepared in my Department which will criminalise trafficking in human beings for the purpose of their sexual and labour exploitation as provided for in the EU Council framework decision on combating trafficking in persons. The legislation will also take into account the protocol to prevent, suppress and punish trafficking in persons, supplementing the UN convention against transnational organised crime. It will also take into account the Council of Europe draft convention on action against trafficking in human beings. Negotiations on this instrument have not yet been completed.
A series of measures has been taken at national level. From a legislative point of view, the Illegal Immigrants (Trafficking ) Act 2000 creates an offence of trafficking in illegal immigrants and provides a framework by which those engaging in trafficking of illegal immigrants can be dealt with under the law. Section 2(1) of this Act states that a person who organises or knowingly facilitates the entry into the State of a person whom he or she knows or has reasonable cause to believe to be an illegal immigrant or a person who intends to seek asylum shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding £1,500, €1904.61, or to imprisonment for a term not exceeding 12 months or both; or on conviction on indictment to a fine or to imprisonment for a term not exceeding ten years or to both. This provision will not apply to anything done by a person otherwise than for gain or to anything done to assist a person seeking asylum by a person in the course of his or her employment by a bona fide organisation if the purpose of that organisation includes giving assistance to persons seeking asylum.
Furthermore, the Immigration Act 2003, which was brought into operation in September 2003, requires carriers operating aircraft, ferries or other vehicles bringing persons to Ireland from outside the common travel area to ensure that those carried are in possession of the necessary immigration documentation — a passport and, if required, a visa. The Act provides for a fine to be imposed in respect of each passenger carried with inadequate documentation.
In addition, section 8 of the Act places an obligation on Government Departments, local authorities, health boards, the Garda Síochána and also the refugee determination bodies to share information regarding non-nationals, including applicants for refugee status, for the purpose of the administration of the law relating to their entry, sojourn in the State and removal from the State. The provisions in the Act are designed to ensure the proper flow of information between the relevant Departments and agencies involved in the delivery of services in the asylum and immigration area and for the efficient and effective fulfilment by the bodies in question of their functions in those areas. The sharing of relevant information is an essential tool in the fight against trafficking. It is the very essence of a "joined up" Government approach to the problem.
The Garda national immigration bureau has as one of its primary objectives the co-ordination and direction of strategies to combat trafficking in illegal immigrants. Garda liaison officers in London and Paris interact with local law enforcement authorities on immigration, people smuggling and trafficking matters. European initiatives in the area of enforcement and compliance with immigration procedures and combating illegal immigration have focused on building upon the relevant provisions of the Schengen acquis and incorporating them into Community legislation. Council Directive 2001/51/EC of 28 June 2001 supplementing the provisions of Article 26 of the convention implementing the Schengen Agreement incorporates a system of carriers liability into European law.
Other measures include the establishment of a European agency for the management of operational co-operations at external borders which will co-ordinate all joint operations and pilot projects. It will also establish its own specialised branches responsible for dealing with specific aspects of control and surveillance of land, air and maritime borders by transforming the existing, more informal, centres structure into an EU structure.
The directive on the residence permit issued to third country nationals who are victims of trafficking in human beings or to third country nationals who have been subjects of an action to facilitate illegal immigration who co-operate with the competent authorities was adopted at the JHA Council of 29 April 2004. The purpose of this directive is to strengthen the European Union's legislative framework for combating illegal immigration by granting a residence permit of limited duration for the victims of trafficking of human beings. The granting of the residence permit is subject to conditions designed to encourage victims of trafficking to co-operate with the competent authorities against those suspected of committing the crimes in question.
The Child Trafficking and Pornography Act 1998 makes it an offence inter alia to organise or knowingly facilitate the entry into, transit through or exit from the State of a child for the purpose of the child’s sexual exploitation or to provide accommodation for such a child while in the State. The penalty on conviction on indictment for that offence is a maximum of life imprisonment, a reflection of the seriousness of this type of crime. Finally, the Proceeds of Crime Act 1996 allows for the confiscation of assets of those involved in criminal activity, including trafficking in people, drugs and so forth. In addition, the powers of the Revenue Commissioners may be brought to bear where appropriate — for example, assessment or liability for tax on illegal earnings.
