Dáil Éireann Debate, Wednesday - 20 June 2012
38 Deputy Jonathan O’Brien asked the Minister for Justice and Equality his plans to address trafficking into the domestic labour and agriculture sectors; and if he will make a statement on the matter. [29749/12]
Amharc ar fhreagraIn addition to the range of employment law enacted to protect workers from exploitation generally and the redress mechanisms for alleged breaches of employment law, the Criminal Law (Human Trafficking) Act 2008 (which came into effect on 7 June 2008) criminalises the trafficking of persons for the purposes of labour exploitation (including domestic labour and agricultural labour). For the purposes of the Act, the term "trafficks" is broadly defined. For example, the commission of an offence does not require cross border movement or illegal entry into the State. It includes recruitment; taking a person into one's custody, care or charge; and providing the person with accommodation or employment. Section 1 of the 2008 Act defines labour exploitation in relation to a person (including a child) as follows:
(a) subjecting the person to forced labour,
(b) forcing him or her to render services to another, or
(c) enslavement of the person or subjecting him or her to servitude or a similar condition or state.
An Garda Síochána is proactive in attempting to detect any breach of the provisions of the Act of 2008 and investigates all allegations of human trafficking with a view to identifying potential suspects and/or culprits.
A comprehensive programme of training in the area of human trafficking has been undertaken within An Garda Síochána. In total over 600 Gardaí have now completed the intensive three day training course entitled "Trafficking in Human Beings; Prevention, Protection, Partnership and Prosecution." In addition, a further 3,500 members of An Garda Síochána have received awareness raising training relating to human trafficking. The overriding aim of the training is to provide members of An Garda Síochána with knowledge of indicators of human trafficking, where to look and how to identify victims of human trafficking.
A number of potential victims of human trafficking for the purpose of labour exploitation have been identified as working in the domestic labour sector. The incidents concerned are the subject of investigations undertaken by An Garda Síochána. However, to date, there have no prosecutions in respect of suspected or alleged incidents of human trafficking for labour exploitation in this State. Three investigations have been completed and investigation files relating to human trafficking for labour exploitation have been submitted to law officers. Directions not to prosecute were received in each of these cases. A further investigation is almost complete and an investigation file relating to domestic servitude is expected to be submitted to the law officers in the near future.
An Garda Síochána works closely with other police forces. As a result of an intensive investigation conducted in Ireland evidence was transferred to Romania by way of a mutual assistance request and in December 2009, three Romanian men were sentenced to imprisonment for seven years, five years and five years, respectively for the trafficking of Romanian nationals into Ireland for labour exploitation on farms in Wexford. A number of Romanian nationals who were discovered to have been exploited in this case were rescued and received support from relevant Irish state agencies. With the assistance of the Romanian authorities, the victims returned to Romania at their request.
In a number of the cases under investigation by An Garda Síochána little, or no, evidence of human trafficking for labour exploitation has been found but alleged breaches of employment legislation have been identified in some of these incidents. An Garda Síochána works closely with the National Employment Rights Authority (NERA) in these matters. This cooperation extends to joint inspections between the labour Inspectors and An Garda Síochána. No cases of forced labour have been encountered in the course of the joint inspections to date. Training has been provided by An Garda Síochána to NERA Inspectors. In addition, representatives from NERA and the Department of Agriculture, Food and the Marine Inspectorate attended a two day ‘Train the Trainer' course on human trafficking.
An Garda Síochána works closely with relevant state agencies and non-governmental organisations in its efforts to identify and assist victims of human trafficking. In particular, where suspected or alleged incidents of human trafficking involve labour exploitation, personnel from the Garda National Immigration Bureau engage, where appropriate, with the Migrant Rights Centre of Ireland.
