Proposed Legislation.

Dáil Éireann Debate, Tuesday - 16 May 2006

Tuesday, 16 May 2006

Ceisteanna (350, 351, 352, 353)

Jan O'Sullivan

Ceist:

411 Ms O’Sullivan asked the Minister for Justice, Equality and Law Reform when he will introduce legislation to outlaw sex trafficking; and if he will make a statement on the matter. [18249/06]

Jim O'Keeffe

Ceist:

413 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the situation regarding the law relating to human trafficking; his intentions to change same; and if he will make a statement on the matter. [18252/06]

Jim O'Keeffe

Ceist:

415 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the timetable for the transposition of European legislation into law here in the area of human trafficking. [18254/06]

Seán Ardagh

Ceist:

430 Mr. Ardagh asked the Minister for Justice, Equality and Law Reform the position regarding the transposition into law here of the Palermo Protocol to prevent, suppress and punish trafficking in persons, especially women and children; the further legislation which is being considered to tackle the problem of trafficking in women and children; and when it is anticipated that these actions will take place. [18271/06]

Freagraí scríofa

Minister for Justice, Equality and Law Reform (Mr. McDowell)

I propose to take Questions Nos. 411, 413, 415 and 430 together.

Under current Irish Criminal Law it is an offence, punishable by up to life imprisonment, to traffic a person under 17 years of age, male or female, into, through or out of Ireland for the purpose of that person's sexual exploitation. This is provided for in the Child Trafficking and Pornography Act 1998.

Under the Illegal Immigrants (Trafficking) Act 2000, it is an offence for a person to organise or knowingly facilitate the entry into Ireland of another person whom that person knows or has reasonable cause to believe is an illegal immigrant. The penalty on conviction on indictment for this offence is a maximum of 10 years imprisonment or an unlimited fine or both.

Inevitably, when a person is trafficked for the purpose of sexual exploitation other serious offences will be committed, such as rape, sexual assault, assault and false imprisonment.

Legislation creating an offence of trafficking in persons for the specific purpose of sexual or labour exploitation is contained in the draft Criminal Justice (Trafficking in Persons and Sexual Offences) Bill which is at an advanced stage of preparation in my Department. This Bill will allow for compliance with the EU Framework Decision on combating trafficking in persons adopted by the Council of Ministers on 19 July, 2002. The legislation will also allow for full compliance with the later EU Framework Decision on combating the sexual exploitation of children and child pornography.

The criminal law aspects of other international instruments will also be taken into account in the preparation of the legislation. These instruments are the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, Supplementing the United Nations Convention against Transnational Organised Crime, the Optional Protocol to the UN Convention on the Rights of the Child on the sale of children, child prostitution and child pornography and the Council of Europe Convention on action against trafficking in human beings.

I intend to seek Government approval to draft this Bill very soon and expect that it will be published later this year.