Dáil Éireann Debate, Tuesday - 3 December 2013
294. Deputy Luke 'Ming' Flanagan asked the Minister for Justice and Equality the reason he has not implemented legislation to protect illegal migrant workers who are experiencing physical and sexual violence here; and if he will make a statement on the matter. [51584/13]
View answerIn the first instance, I would like to inform the Deputy that existing statutory protections against all types of violence, both physical and sexual, apply equally to all persons in the State regardless of their immigration status.
In the case of illegal migrant workers who may be the victims of human trafficking for the purposes of labour exploitation, the Criminal Law (Human Trafficking) Act 2008 criminalises human trafficking for labour exploitation, including subjecting a person to forced labour and has penalties of up to life imprisonment. There is a diverse array of exploitative behaviours, ranging from infringement of labour regulations at one end of the spectrum, to human trafficking at the other, that may arise in such situations. Consequently, it is likely that exploitation of this nature could also be prosecuted under a number of other offences, for example, 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.
In addition, the State provides a wide range of support services to victims of human trafficking including 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 persons who are potentially victims of human trafficking addressing all of the support services that are required. My Department also provides funding to two NGO organisations, Ruhama and the Migrant’s Rights Centre of Ireland (MRCI), who work with victims of human trafficking; MRCI have a particular focus on supporting migrant workers. 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. As ever, I would urge all victims of crime, including persons who believe that they may be victims of human trafficking, to report the matter to An Garda Síochána.
