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Wednesday, 13 Nov 2013

Written Answers Nos. 125 - 130

Human Trafficking

Questions (125)

Finian McGrath

Question:

125. Deputy Finian McGrath asked the Minister for Justice and Equality the actions taken to deal with the exploitation of women and sex trafficking. [48443/13]

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Written answers

Over the past number of years strong legislative, administrative and operational measures have been put in place to combat and prevent trafficking in human beings including for the purpose of sexual exploitation. The Criminal Law (Human Trafficking) Act 2008 provides for penalties of up to life imprisonment and, at the discretion of the court, a fine for persons who traffick or attempt to traffick other persons including for the purpose of sexual exploitation. It also makes it an offence to sell or offer for sale or to purchase or offer to purchase any person for any purpose. Penalties of up to life imprisonment and, at the discretion of the court, a fine apply in respect of these offences. Furthermore it is an offence for a person to solicit for prostitution a person who s/he knows or has reasonable grounds for believing is a trafficked person. The penalty can be up to five years imprisonment and/or an unlimited fine on conviction on indictment.

A dedicated Anti-Human Trafficking Unit was established in my Department in 2008 with the purpose of ensuring that the State's response to human trafficking is coordinated and comprehensive. In addition to this dedicated Unit there are 3 other dedicated Units in State Agencies dealing with the issue namely:

- the Human Trafficking Investigation and Co-ordination Unit in An Garda Síochána;

- the Anti-Human Trafficking Team in the Health Service Executive; and

- a specialised Human Trafficking legal team in the Legal Aid Board.

Dedicated personnel are also assigned to deal with the prosecution of cases in the Office of the Director of Public Prosecutions and staff in the New Communities and Asylum Seekers Unit in the Department of Social Protection facilitates victims moving into mainstream social services. There are also a wide range of training and awareness raising activities ongoing and extensive consultation structures exist with up to 70 State Agencies, Non- Governmental Organisations and International Organisations.

The State provides a wide range of support services to victims of human trafficking including those persons who have been trafficked for the purpose of sexual exploitation. These services include accommodation, medical care and planning, psychological assistance, material assistance, legal aid and advice, vocational training and education. The Anti-Human Trafficking Team in the Health Service Executive develops individual comprehensive Care Plans for all persons who are potentially victims of human trafficking (including those who have been trafficked for the purpose of sexual exploitation) addressing all of the support services that are required. My Department also provides funding to Ruhama who work with predominately with female victims of trafficking for the purpose of sexual exploitation. A detailed Guide to the Procedures for supporting and protecting victims of human trafficking, along with other Guides and leaflets, are accessible on the dedicated anti-trafficking website www.blueblindfold.gov.ie.

The Government’s approach to the issue of Human Trafficking (including the trafficking of women for the purpose of sexual exploitation) is set out in the National Action Plan to Prevent and Combat Trafficking of Persons 2009-2012 which set out 144 Actions to address this issue. A copy of the National Action Plan and a Review of the Plan are available on the dedicated Anti-Trafficking site www.blueblindfold.gov.ie. A new National Action Plan to cover the period from 2013 to 2016 is currently being prepared. A process of consultation with other state agencies and civil society which will significantly inform the direction and content of the new National Action Plan. The prevention and detection of human trafficking and the protection of its victims has also been a policing priority for An Garda Síochána for the past number of years and it remains a priority in 2013.

Garda Investigations

Questions (126)

Finian McGrath

Question:

126. Deputy Finian McGrath asked the Minister for Justice and Equality if he will provide an update on suspicious cars driving around an area (details supplied) in Dublin 9 last week. [48480/13]

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Written answers

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.

Garda Vetting Applications

Questions (127)

Seán Fleming

Question:

127. Deputy Sean Fleming asked the Minister for Justice and Equality when Garda vetting will be finalised in respect of a person (details supplied) in County Laois; and if he will make a statement on the matter. [48493/13]

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Written answers

I am informed by the Garda authorities that no vetting application has been received in respect of the person to whom the Deputy refers. In the circumstances, I can only suggest that the person contacts the registered organisation involved.

Road Traffic Legislation

Questions (128)

Thomas P. Broughan

Question:

128. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 1087 of 18 September 2013, if there has been any further progress in terms of resolving the technical and administrative measures required to commence section 44 of the Road Traffic Act 2010; and if he will further provide an up-to-date report on the work of the working group established earlier this year under the aegis of the Courts Service to examine various operational aspects of the penalty points system. [48504/13]

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Written answers

I can inform the Deputy that the working group established earlier this year under the aegis of the Courts Service has met on a number of occasions and is due to report in the near future. I am further informed, by the Garda authorities, that the technical and administrative arrangements required to bring the provision in question into effect remain under careful evaluation.

Garda Síochána Ombudsman Commission Investigations

Questions (129)

Thomas P. Broughan

Question:

129. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if it is always the policy of the Garda Síochána Ombudsman Commission to ensure that investigators appointed to examine complaints regarding the conduct of members of An Garda Síochána are in no way linked either professionally or personally to the members being investigated; and if there is a register of interests for such investigators. [48505/13]

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Written answers

The Garda Síochána Ombudsman Commission requires the members of the Commission and all staff, on an annual basis, to submit a declaration in relation to any conflict of interest which may arise in the course of the performance of their functions or duties for inclusion in a Register of Interests. This declaration is separate from any declaration required under the provisions of Ethics in Public Office Act 1995. Where, during the course of the year covered by the declaration, a conflict of interest not previously declared arises, members and staff are requested to submit a revised declaration which should include details of the interest. The new Protocols agreed between the Garda Commissioner and the Ombudsman Commissioners last September, which are available on the websites of both organisations, contain General Principals governing the appointment of Investigating Officers which are aimed at avoiding any conflict of interest which may prejudice the outcome of a case.

Personal Insolvency Act

Questions (130)

Ann Phelan

Question:

130. Deputy Ann Phelan asked the Minister for Justice and Equality the qualifying criteria for persons whom the Personal Insolvency Act was designed to help; if he will consider a nine month review of the legislation enacted, to find out the number of persons that have engaged with the process; and the way the legislation is actually helping those who need it most. [48510/13]

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Written answers

The eligibility criteria for each of three debt resolution processes contained in the Personal Insolvency Act 2012 are set out in sections 26, 57 and 91. These are reasonable and proportionate and were extensively discussed during the Oireachtas debates. I believe that the provisions of the Act can be of great assistance to persons struggling with debt problems to reach agreed and sustainable solutions. It does require that all participants in the process fully commit to making it work. There must be no unrealistic expectations on any potential party to a debt resolution process.

The details of persons who have formally engaged with a process under the Act will be entered into the appropriate Registers required to be maintained by the Insolvency Service of Ireland. I understand that the Service also publishes from time to time details of the enquiries it receives from the public. The Act was signed into law by the President on 29 December 2012. Further refinements to the Act were made by the Courts and Civil Law (Miscellaneous Provisions) Act 2013. The final remaining Part of the 2012 Act, concerning bankruptcy reform, is expected to be commenced later this month. There is provision for a review of the Personal Insolvency Act not later than 3 years after commencement of the new debt resolution processes. I believe that this is a reasonable period of time in which to allow us to consider developments and I have no plans to bring that date forward.

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