Dáil Éireann Debate, Thursday - 15 January 2015
128. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans for revising laws around human trafficking to ensure more prosecutions; and if she will make a statement on the matter. [2017/15]
Amharc ar fhreagraI would draw the Deputy's attention to the strong legislative provisions that have been put in place in Ireland to combat and prevent trafficking in human beings over the past number of years. The Criminal Law (Human Trafficking) Act 2008 prohibits trafficking for the purposes of sexual exploitation, labour exploitation and for the removal of body organs. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine. This legislation was further bolstered in 2013 with new forms of exploitation, for forced begging and forced criminal activities, being provided for in new legislation. The Criminal Law (Human Trafficking)(Amendment) Act 2013 also provided, for the first time, a definition of 'forced labour' in Irish law, based on the International Labour Organisation's definition.
I am, of course, committed to keeping under review the adequacy of the measures taken to combat human trafficking, including legislation. In that context, I published on 27 November 2014 the General Scheme of the Criminal Law (Sexual Offences) Bill 2014 which includes two new offences of purchasing, in the context of prostitution, sexual services. The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.
Unlike the existing offences relating to prostitution such as soliciting, loitering or brothel keeping, the new offences will specifically target the demand for prostitution. It is estimated that over 80% of persons trafficked in Europe are trafficked for the purpose of sexual exploitation. The purpose of this new legislation is to reduce the demand for the services of victims of human trafficking who are being sexually exploited in prostitution.
