IRELAND - NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

UNCLAS SECTION 01 OF 26 DUBLIN 000089



SENSITIVE

SIPDIS



STATE FOR G/TIP, G, INL, DRL, PRM

STATE FOR EUR/PGI, EUR/WE

STATE FOR USAID



E.O. 12958: N/A

TAGS: KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, EI

SUBJECT: IRELAND - NINTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT



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THIS IS A CORRECTED COPY OF PREVIOUSLY SENT CABLE, DUBLIN 81.



1. (SBU) Summary: Ireland made great strides during the reporting

period to counter trafficking in persons (TIP) in the country. In

addition to the new Criminal Law (Human Trafficking) Bill 2007,

which became law in June, new immigration legislation, which

includes protections for trafficking victims, is in process. In

April 2007, the Government signed the Council of Europe Convention

on Action Against Trafficking in Human Beings (CoE Convention).

Enactment of the new immigration legislation will be the final step

to enable the GOI to ratify the CoE Convention.



Ireland's newly-created Anti Human Trafficking Unit (AHTU),whose

Executive Director reports to the Minister for Justice, has gotten

off to strong start. In the past year, the AHTU has begun to

implement a data collection strategy, spearheaded multiple

awareness-raising campaigns, established a forum for NGOs working on

trafficking-related issues, and has nearly completed a national

action plan.



The Garda (police) have been actively focusing on trafficking

offenses and have collaborated on many multinational efforts. While

there have not yet been any convictions under the new legislation,

two victims are cooperating with the Garda and further

investigations are in process. Additionally, over 700 Garda have

completed human trafficking awareness courses and all incoming Garda

are trained on the topic.



The overall estimated number of suspected trafficking victims

remained small during the year, with roughly 40 suspected victims

encountered by police and NGOs. This is primarily a result of

enhanced awareness on the part of law enforcement, NGOs, and the

general public.



2. Summary Continued: (SBU) Post has engaged the Irish Government

at the highest levels to stress Ireland's role in fighting European

and global trafficking. We also have urged the Government to

continue their development of a national action plan. The
<br />Ambassador, DCM, POL/ECON chief, and Embassy political officers

discussed trafficking with the Department of Foreign Affairs,

Department of Justice, the Health Service Executive, the Irish

Naturalisation and Immigration Service, and the Garda National

Immigration Bureau as well as numerous NGOs. Post will continue to

urge the Government and NGOs to improve cooperation to identify,

assess, and prosecute cases of trafficking. End summary.



3. (SBU/NF) Comment: Post strongly believes that Ireland's enhanced

efforts to combat trafficking in recent years merit a return to Tier

1 status. Prior to 2006, Ireland was not included in the TIP

report. In 2006, it was ranked as a Tier 1 country and the

statement "The Government of Ireland fully complies with the minimum

standards for the elimination of trafficking" was included in the

text. In 2007, Ireland was defined as a "special case" and in 2008

it was downgraded to Tier 2. Since its initial ranking in 2006,

Ireland Ireland's anti-trafficking program including legislation,

victim support, and awareness raising activities has become more

robust each year. Ireland has promptly addressed every action item

recommended by the USG, and all levels of the Irish government show

a willingness and desire to combat any suspected trafficking

activities within its borders or by its citizens. Nonetheless, even

as Ireland's counter-trafficking initiatives have markedly improved,

its TIP report ranking has worsened. We believe this is

counter-productive. Moreover, we fear that a continued Tier 2

ranking in 2009 could have a sustained negative impact on Irish

cooperation in other fields. During a recent discussion on the

possibility of Ireland accepting detainees from Guantanamo - a top

priority of the Obama Administration - a senior Department of

Justice official expressed only tentative support and remarked that

the 2008 TIP ranking was essentially a slap in the face by the USG

given the hard work and political capital expended on implementing

Ireland's anti-trafficking programs. End Comment.



4. (SBU) The following items are keyed off reftel.



Overview of a country's activities to eliminate trafficking in

persons:



-- A. What is (are) the source(s) of available information on



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trafficking in persons? What plans are in place (if any) to

undertake further documentation of human trafficking? How reliable

are these sources?



Information is obtained through the Department of Justice Anti-Human

Trafficking Unit (AHTU),Garda Siochana (police),various Government

agencies, NGOs, Interpol, Europol and Frontex. Other trans-national

lines of communication and bi-lateral co-operation with other law

enforcement agencies provide the Garda with data relating to

international trends/patterns in the area of human trafficking.

Ireland also participates at various levels (policy, prevention,

investigations, support) in relevant national and international fora

in the area of human trafficking. The Anti-Human Trafficking Unit

(AHTU) has implemented, with effect from January 1, 2009, a data

collection strategy which is closely modelled on data collection

systems being developed at the EU level. The goal of this strategy

is to collect information on cases of possible/suspected trafficking

by means of a standardised template from a variety of different

sources (including NGOs, Government Agencies, Garda, etc).

Reporting agencies are asked to report any cases of potential

trafficking they encounter to the AHTU. Sources are very reliable

and have undertaken extensive efforts in past year to document

activities.



-- B. Is the country a country of origin, transit, and/or

destination for internationally trafficked men, women, or children?

Does trafficking occur within the country's

borders? If so, does internal trafficking occur in

territory outside of the government's control (e.g. in a

civil war situation)? To where are people trafficked?

For what purposes are they trafficked? Provide, where

possible, numbers or estimates for each group of

trafficking victims. Have there been any changes in the

TIP situation since the last TIP Report (e.g. changes in

destinations)?



Ireland is, on a limited scale, a destination and transit country

for international trafficking victims. There is no clear estimate

on the number of victims. Many NGOs make referrals among themselves

and with the police. Most victims are ultimately referred to

Ruhama, an NGO that aids prostitutes. A Ruhama representative said

that most of the 44 victims they had encountered during the year

were identified as young foreign women between 18 and 25 years of

age from Eastern Europe and Africa (Nigeria was specifically named).

Multiple NGOs have mentioned the increasing role of the internet in

creating virtual brothels.



In September 2007, a widely accepted study conducted by researchers

from National University of Ireland (NUI) and Trinity College

reported that the minimum estimated number of trafficking victims

for sexual exploitation into Ireland over a seven year period

(2000-2006) was 76. Although some NGOs argued that this estimate

was too low, most agreed that the report was a positive step in

identifying the extent of the trafficking problem in Ireland.

Ruhama said that their staff had encountered about 150 trafficking

victims during this same time period. Ruhama took part in the data

gathering portion of the NUI study, but according to the

researchers, a significant number of Ruhama's cases were not

accepted due to lack of information in the case files. The full

report can be found at http://www.nuigalway.ie.



Unaccompanied minors entering Ireland continued to be an area of

concern for both the Government and NGOs. When minors (anyone under

17) come to Ireland without a parent or guardian, they are

automatically placed into care facilities overseen by the Health

Services Executive (HSE),the administrative body that runs the

healthcare system. According to HSE officials, the majority of

these children travel to Ireland to join their families who have

already established residency or are waiting for an asylum decision.

However, those children not reunited with their families are placed

in foster care or in a Government-run hostel. An NGO representative

who works directly with separated children said that these children

are vulnerable to being trafficked. Garda indicate that gangs are

increasingly organizing the trafficking of minors into Ireland as

they can easily escape from HSE custody. Since 2001, 388

unaccompanied immigrant children have disappeared from state care;

it is not known how many, if any, of these children were

subsequently trafficked.





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-- C. What kind of conditions are the victims trafficked into?



NGO and Government contacts agreed that the majority of suspected

trafficking cases involved women who were brought into Ireland for

the sex industry. Garda believe that organized criminal gangs of

foreign nationals facilitated much of the suspected sex trade

trafficking and that these gangs also arranged for the victims'

employment and accommodation in brothels.



The HSE have advised that some children who go missing and have been

retraced are found in brothels, restaurants and private households

where they may have been used as domestic slaves. They do not

maintain statistics on the number of these children. Children who

have been successfully traced were found in various towns throughout

the State. The two suspected victims, located by the Garda

Siochana, who have been granted recovery and reflection periods (one

of whom has been granted a temporary residency) were discovered in

the sex industry.



-- D. Vulnerability to TIP: Are certain groups of persons more at

risk of being trafficked (e.g. women and children, boys versus

girls, certain ethnic groups, refugees, IDPs, etc.)?



Most cases involved Eastern European women, with a limited number of

people from Asia, Africa and South America. During investigations,

many women interviewed stated that they had been recruited in their

home countries, where they had already been working in the sex

industry, and that they had traveled voluntarily. Garda National

Immigration Bureau (GNIB) officials suspect some use of fraudulent

documentation in cases involving victims from West Africa and non-EU

East European nations.



There has been a rise in awareness among law enforcement personnel

and NGO communities regarding trafficking for labor during the past

year. This has been a result of specific trafficking-identification

training efforts by the police force as well as concentrated efforts

by NGOs to make trafficking for labor exploitation a part of

trafficking discussions and campaigns.



In terms of children, information provided by the Health Services

Executive (HSE) to date indicates that in the underage category

Chinese nationals are at the greatest risk of being trafficked.



The data collection strategy which has recently been implemented by

the AHTU, will address many of the difficulties that have been

encountered to date in terms of providing detailed data in relation

to trafficking in human beings. All data will be centrally collated

from a wide range of organizations and analyzed with a view to

finding patterns in terms of a demographic profile of those

trafficked, means by which victims were recruited and the services

victims of trafficking have received, etc.



-- E. Traffickers and Their Methods: Who are the

traffickers/exploiters? Are they independent business people?

Small or family-based crime groups? Large international organized

crime syndicates? What methods are used to approach victims? For

example, are they offered lucrative jobs, sold by their families, or

approached by friends of friends? What methods are used to move the

victims (e.g., are false documents being used?). Are employment,

travel, and tourism agencies or marriage brokers involved with or

fronting for traffickers or crime groups to traffic individuals?



NGOs and Garda indicate that traffickers run the range from

organized crime to small operations. Intelligence available to the

Garda indicates that the bulk of the traffickers are a small group

of individuals, some of whom are also involved in other forms

criminality. Experience of interaction with suspected victims would

indicate that people/family known to them or their extended or

adoptive family offer better jobs or an improved standard of living

in Ireland or Western Europe. Many of the cases under investigation

in Ireland have involved the use of forged documents. However, this

is not always the case, as people travel on their own documents and

only realize what type of situation they will be in once they arrive

in Ireland. For example, it has been established in some instances

that women who believed they were coming to Ireland to work in

legitimate professions ended up working in exploitative situations,

including prostitution.



In terms of children, it is the experience of the HSE that alleged



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traffickers are likely to be non-nationals and some are compatriots

of their victims.



In January 12 2009, three Brazilian women pled guilty to brothel

keeping. They were not believed to be working as prostitutes

themselves. In December 2008, Welsh police arrested two individuals

on charges of trafficking into and out of the UK. These individuals

were associated with at least 9 brothels in the Republic of Ireland.





SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS:



-- A. Does the government acknowledge that trafficking is a problem

in the country? If not, why not?



The Irish Government acknowledges that Ireland is a destination

country for trafficking and that a small number of trafficking

victims have been identified. It has not found evidence that the

problem presently exists on any significant scale. It actively

investigates all credible allegations of trafficking.



-- B. Which government agencies are involved in anti-trafficking

efforts and which agency, if any, has the lead?



The Anti-Human Trafficking Unit in the Department of Justice has

overall administrative responsibility for policy development and

coordination of the Government's response to trafficking in persons.

In order to carry out that role effectively and to implement and

facilitate a multidisciplinary approach, the AHTU works in close

cooperation with a wide variety of relevant Government Agencies and

Departments, in addition to NGOs and International Organizations

(IOs) working in the anti-trafficking field. This inter-party

cooperation is chiefly conducted through a series of groups

consisting of a High Level Interdepartmental Group, which is

comprised of high level management from different Government

Departments and Agencies, a Roundtable Group consisting of members

of Government Departments and Agencies and members of NGOs and IOs,

and a series of Working Groups made up of NGOs, IOs, Government

Agencies and Departments.



Furthermore, the Department of Justice has a significant role in

anti-trafficking efforts as it has the lead responsibility for

policy in relation to criminal law and law enforcement,

immigration/border control and gender equality. However, other

Government Departments and agencies also have an important role to

play reflecting their particular policy and/or operational

responsibilities.



The Garda, as the national police force, is responsible for the

prevention and investigation of criminal offences including human

trafficking. Within the Garda, the Garda National Immigration

Bureau (GNIB) and the Garda National Bureau of Criminal

Investigation (NBCI) have been assigned particular responsibilities

in this regard. The assets of all suspects are investigated and

where there is a possibility to seize assets, which are believed to

be the proceeds of crime, this is vigorously pursued by the Criminal

Assets Bureau.



Along with the specialized units referred to earlier, an additional

250 Garda officers from the various Garda Operational Divisions

throughout the country have received training in the investigation

of Trafficking in Human Beings. Additionally, 520 Garda officers,

again from the various Operational Divisions throughout the country,

have received awareness training to identify victims of human

trafficking. The Garda supports the efforts of the Irish

Naturalisation and Immigration Service (INIS),which is the lead

agency in Ireland for all immigration related matters. The training

provided has been developed in conjunction with the International

Organisation for Migration and course participants receive

presentations from various NGOs.



The Department of Enterprise, Trade and Employment, the Department

of Foreign Affairs, the Department of Health and Children, the

Office for the Minister for Children and the Health Service

Executive all have statutory responsibilities in this area. The

Department of Enterprise, Trade and Employment exercises vigilance

to ensure work permits are not issued to persons who are likely to

traffic persons. The Department of Foreign Affairs exercises

vigilance to ensure visas are not issued where trafficking may



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occur. Finally the Department of Health and Children have statutory

obligations in relation to child protection and welfare.



-- C. What are the limitations on the government's ability to

address this problem in practice? For example, is funding for

police or other institutions inadequate? Is overall corruption a

problem? Does the government lack the resources to aid victims?



Until 2008, the Irish Government enjoyed a budget surplus, and there

are no unique limitations on resources to address trafficking. The

global recession has led to broad cuts in public spending, but

anti-trafficking efforts do not appear to be adversely impacted at

this time. Irish police and border authorities are competent and

well-run. On June 7, a new Criminal Law (Human Trafficking) entered

into force. This brings Ireland into conformity with UN, EU and CoE

anti-trafficking regulations and gives police more precise legal

tools. A limitation on the Government's ability to address

trafficking would be lack of experience with TIP issues, since

immigration into Ireland, including illegal immigration, is a

relatively new phenomenon. The Government is now striving to deploy

the necessary staff, resources, and procedures to deal with this

increased flow.



In terms of children, funding has historically been a challenge.

There are considerable additional costs associated with bringing

accommodation and care provision to the required standards.

However, due to additional funding being made available in the last

year, considerable progress has been made in developing more

appropriate accommodation, particularly for the under-17 age group.

A new residential home that satisfies the required Health

Information and Quality Authority (HIQA) standards for children who

have been or are at risk of being trafficked opened in 2008. Two

more residential homes are due to open in 2009.



The HSE is also currently developing an operational plan that will

advance the decentralization of the Dublin based Service for

Separated Children Seeking Asylum (SCSA). This plan aims to

increase the range of placement options including increasing the

number of foster placements and presents a move away from

accommodating children in Dublin hostels. It is envisaged that this

development will facilitate the HSE in providing increased

protection for potential victims of trafficking.



-- D. To what extent does the government systematically monitor its

anti-trafficking efforts (on all fronts -- prosecution, victim

protection, and prevention) and periodically make available,

publicly or privately and directly or through regional/international

organizations, its assessments of these anti-trafficking efforts?



The Interdepartmental High Level Group is responsible for

development and monitoring of policy in this area. The Roundtable

Group and its five working Groups are given updates of developments

at each meeting and have the opportunity to make recommendations and

input into policy formulation and development.



The AHTU, in conjunction with stakeholders, will assess the number

of possible cases of trafficking which are not subsequently deemed

to be suspected cases. The data gathered through this system will

be used to form the bedrock of information which will help to

establish the nature and extent of trafficking, any trends which

emerge in this regard, the impact of anti-trafficking activities and

service provided to victims and to direct policy in this regard.



All of the information is provided to the AHTU in an anonymous form

with the suspected person's details retained by the reporting

agency. Victims are given a unique ID code, which is used for

tracking purposes. This is to ensure that data protection

legislation is not violated. The database is also routinely

examined to ensure that any possible duplication is kept to a

minimum.



In relation to monitoring of prosecutions, arrangements are being

developed for GNIB to record relevant details in relation to

suspected traffickers' demographic characteristics, whether any

involvement with organized crime is suspected, the role of the

trafficker in the trafficking process and traffickers' relationship

with their victims. Suspected trafficker interaction with the

criminal justice system is also closely monitored.





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The AHTU will provide an analysis of the data collected by

Government agencies and NGOs on a regular basis throughout the year.

These results will provide statistics regarding the number of

possible victims encountered, the number of victims formally

identified and given recovery and reflection periods and temporary

residence permits, information about services accessed by the victim

and the number of convictions and prosecutions.



Ireland is also part of a European G6 Initiative against human

trafficking. This initiative involves six European countries (UK,

Poland, Italy, Netherlands, Spain and Ireland) and includes sharing

best practices of anti-trafficking efforts. The GNIB works under

the Irish National Police but carries out its immigration functions

on behalf of the Minister of Justice. This system ensures a sharing

of information among immigration policy-makers, immigration

officers, and national police. A GNIB official represents Ireland

at the EU Border Agency in Warsaw.



INVESTIGATION AND PROSECUTION OF TRAFFICKERS



-- A. Existing Laws against TIP: Does the country have a law or laws

specifically prohibiting trafficking in persons- both for sexual

exploitation and labor? If so, please specifically cite the name of

the law(s) and its date of enactment and provide the exact language

[actual copies preferable] of the TIP provisions. Please provide a

full inventory of trafficking laws, including non-criminal statutes

that allow for civil penalties against alleged trafficking crimes

(e.g., civil forfeiture laws and laws against illegal debt). Does

the law(s) cover both internal and transnational forms of

trafficking? If not, under what other laws can traffickers be

prosecuted? For example, are there laws against slavery or the

exploitation of prostitution by means of force, fraud, or coercion?

Are these other laws being used in trafficking cases?



The Criminal Law (Human Trafficking) Act, 2008, became operational

on 7 June 2008 and creates offences of trafficking in children and

adults for the purposes of their sexual or labor exploitation or the

removal of their organs. 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 apply in respect

of these offences. It is not a defense for the trafficker to argue

that the person consented to the commission of any of the acts.

Furthermore, under section 5 of the Act, any person who knowingly

solicits or importunes a trafficking victim for the purposes of

sexual exploitation shall be guilty of an offence and liable on

conviction on indictment to an unlimited fine or a term of

imprisonment not exceeding 5 years or both. On summary conviction a

fine not exceeding 5,000 or a term of imprisonment not exceeding 12

months or both apply.



Section 7 of the Criminal Law (Human Trafficking) 2008 Act provides

for extra territorial jurisdiction where an Irish citizen or

resident conspires, incites or commits acts which would be offences

under this Act if they were committed in Ireland and also where the

victim of such acts committed outside Ireland is an Irish citizen.

Penalties of up to life imprisonment and an unlimited fine apply in

respect of these offences.



As with other offences contained in the Act, the maximum penalty for

committing or attempting to commit any of the above offences is an

unlimited fine and/or life imprisonment.



The Act covers both internal and transnational forms of trafficking

and also provides for the prosecution of bodies corporate.



Prior to the enactment of the 2008 Act, the Garda utilized the

provisions of Illegal Immigrants (Trafficking) Act, 2000 in cases

where human trafficking was suspected. Of particular relevance is

section 2 of the Act, which relates to the facilitation and

organization of the illegal entry of persons into the State for

gain. Penalties include:

-- On summary conviction, a fine not exceeding Euro 1,500 (USD 1950)

or to imprisonment for a term not exceeding 12 months or both.



-- On conviction on indictment, to a fine or to imprisonment for a

term not exceeding 10 years or both.



Section 3 of the Child Trafficking and Pornography Act 1998, as

amended by Section 3 of the Criminal Law (Human Trafficking) Act



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2008 which increased the age by which a person can be regarded in

law as a child from 17 to 18 years old, created the offence of

Trafficking of Children for the Purpose of Sexual Exploitation.

Section 3 (1) makes it an offence to organize or knowingly

facilitate child trafficking - that is, the entry into, transit

through or exit from the State of a child for the purpose of his or

her sexual exploitation. It is also an offence to provide

accommodation to a child for this purpose. The offence is

punishable on conviction by up to life imprisonment. Under Section

3(2) any person who detains or restricts the personal liberty of a

child for the purpose of the child's sexual exploitation is liable

on conviction to up to 14 years imprisonment. The same penalty

applies to persons who organize or knowingly facilitate such taking,

detaining or restricting of children's liberty for that purpose.



The Criminal Assets Bureau Act 1996 established the Criminal Assets

Bureau (CAB). The functions of CAB under section 4 of the Act are:





-- the identification of the assets, wherever situated, of persons

which derive or are suspected to derive, directly or indirectly,

from criminal activity,



-- the taking of appropriate action under the law to deprive or to

deny those persons of the assets or the benefit of such assets, in

whole or in part, as may be appropriate, and



-- the pursuit of any investigation or the doing of any other

preparatory work in relation to any proceedings arising from the

objectives mentioned in paragraphs (a) and (b).



In addition, the Proceeds of Crime (Amendment) Act 2005 allows CAB

to seize assets that were generated in foreign jurisdictions. The

Act allows CAB to cooperate fully with other international assets

recovery agencies.

False imprisonment is an offence under section 15 of the Non-Fatal

Offences against the Person Act 1998 and is punishable by up to life

imprisonment.



The Slave Trade Act 1824 renders all operations in connection with

the slave trade illegal and slavery or servitude is prohibited under

the Irish Constitution (Article 40).



-- B. Punishment of Sex Trafficking Offenses: What are the

prescribed and imposed penalties for trafficking people for sexual

exploitation?



Under the Human Trafficking Act, penalties of up to life

imprisonment apply in respect of these offences. It is also an

offence for a person to solicit for prostitution a person who he/she

knows or has reasonable grounds for believing is a trafficked

person. A person (other than the trafficked person) who accepts or

agrees to accept a payment, right, interest or other benefit from a

person for this purpose also commits an offence. The penalty is up

to five years imprisonment or an unlimited fine or both on

conviction on indictment.



Under the Illegal Immigrants (Trafficking) Act 2000, the penalty can

include up to a Euro 1,500 (1,950 USD) fine and 12 months in jail.

If a case is appealed to the district court, then the penalty is a

maximum of ten years imprisonment. There is no cap on the fine.



Under the Child Trafficking and Pornography Act 1998 the penalty is

up to life imprisonment.



-- C. Punishment of Labor Trafficking Offenses: What are the

prescribed and imposed penalties for trafficking for labor

exploitation, such as forced or bonded labor? If your country is a

source country for labor migrants, do the government's laws provide

for criminal punishment -- i.e. jail time -- for labor recruiters

who engage in recruitment of workers using knowingly fraudulent or

deceptive offers with the purpose of subjecting workers to

trafficking in the destination country? If your country is a

destination for labor migrants, are there laws punishing employers

or labor agents who confiscate workers' passports or travel

documents for the purpose of trafficking, switch contracts without

the worker's consent as a means to keep the worker in a state of

service, or withhold payment of salaries as means of keeping the

worker in a state of service?



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The Criminal Law (Human Trafficking) Act 2008 creates the offence of

trafficking for the purpose of labor exploitation: Section 1 defines

labour exploitation as:

"labour exploitation" means, in relation to a person (including a

child):



(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.



Section 4, inter alia, creates the offence of trafficking in persons

other than children for the purpose of labor exploitation. (Section

2 deals with child trafficking.)



Section 4: (1)Trafficking of persons other than children:

(1). A person (in this section referred to as the "trafficker") who

trafficks another person (in this Act referred to as the "trafficked

person"),other than a child or a person to whom subsection (3)

applies, for the purposes of the exploitation of the trafficked

person shall be guilty of an offence if, in or for the purpose of

trafficking the trafficked person, the trafficker -



(a) coerced, threatened, abducted or otherwise used force against

the trafficked person,



(b) deceived or committed a fraud against the trafficked person,



(c) abused his or her authority or took advantage of the

vulnerability of the trafficked person to such extent as to cause

the trafficked person to have had no real and acceptable

alternative but to submit to being trafficked,



(d) coerced, threatened or otherwise used force against any person

in whose care or charge, or under whose control, the trafficked

person was for the time being, in order to compel that person to

permit the trafficker to traffick the trafficked person, or



(e) made any payment to, or conferred any right, interest or other

benefit on, any person in whose care or charge, or under whose

control, the trafficked person was for the time being, in exchange

for that person permitting the trafficker to traffick the trafficked

person.



(2) In proceedings for an offence under this section it shall not be

a defense for the defendant to show that the person in respect of

whom the offence was committed consented to the commission of any of

the acts of which the offence consists.



(3) A person who traffics a person who is mentally impaired for the

purposes of the exploitation of the person shall be guilty of an

offence.



(4) A person who -



(a) sells another person, offers or exposes another person for sale

or invites the making of an offer to purchase another person, or



(b) purchases or makes an offer to purchase another person, shall

be guilty of an offence.



(5) A person who causes an offence under subsection (1),(3) or (4)

to be committed shall be guilty of an offence.



(6) A person who attempts to commit an offence under subsection (1),

(3),(4) or (5) shall be guilty of an offence.



(7) A person guilty of an offence under this section shall be liable

upon conviction on indictment -



(a) to imprisonment for life or a lesser term, and

(b) at the discretion of the court, to a fine.



(8) In this section "mentally impaired" has the same meaning as it

has in the Criminal Law (Sexual Offences) Act 1993.





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In addition to the Criminal Law (Human Trafficking Act) 2008, the

entire range of statutory employment rights and protections

availabQ in Ireland are applicable equally to foreign nationals and

Irish workers. Persons who have been trafficked for the purposes of

labor exploitation can seek legal redress and compensation through a

number of State bodies that deal specifically with work related

rights and entitlements. These include the Employment Appeals

Tribunal (EAT),the Labour Relations Commission (LRC),the Labour

Court and the Equality Tribunal. There are no fees charged for

claims taken to these employment rights bodies nor is it necessary

to be legally represented at hearings.



Legislation of relevance to victims trafficked for the purposes of

forced labor include the following:



The Organisation and Working Time Act 1997 states that the maximum

average working week for many employees cannot exceed 48 hours.

This does not mean that a working week can never exceed 48 hours; it

is the average that is important. Disputes in relation to the Act

can be referred to a Rights Commissioner.



The National Minimum Wage Act 2000 provides that the minimum wage

rate for an experienced adult employee from July 1, 2007 is euro

8.65 (USD 11) an hour. An experienced adult employee for the

purposes of the National Minimum Wage Act is an employee over the

age of 18 who has an employment of any kind in any 2 years.

Disputes in relation to the Act can be referred to either an

inspector from the National Employment Rights Authority to

investigate or to a Rights Commissioner, but not to both.



Under the Unfair Dismissals Acts 1977 to 2001 circumstances in which

unfair dismissal can occur are where:

-- An employer terminates an employee's contract of employment, with

or without notice, or

-- An employee terminates his/her contract of employment, with or

without notice, due to the conduct of his/her employer. This is

known as constructive dismissal.



If an employee is dismissed from his/her employment, he or she may,

under certain conditions, bring a claim for unfair dismissal against

the employer. The Unfair Dismissals legislation in Ireland does not

actually protect an employee from dismissal; rather it provides a

system of appeal whereby employees can question the fairness of

their dismissal after it has occurred. Disputes in relation to the

Act can be referred to a Rights Commissioner or to the Employment

Appeals Tribunal.



There are two distinct pieces of legislation in place in Ireland

which set out important rights for citizens and specifically outlaw

discrimination when it occurs. The Employment Equality Act 1998 and

the Equal Status Act 2000 as amended by the Equality Act 2004 outlaw

discrimination in employment, vocational training, advertising,

collective agreements, the provision of goods and services and other

opportunities to which the public generally have access.

Specifically, service providers, agencies and anyone providing

opportunities to which the public have access, cannot discriminate

against citizens on nine distinct grounds, as follows:



-- gender

-- marital status

-- family status

-- sexual orientation

-- religion

-- age (does not apply to a person under 16)

-- disability

-- race

-- membership of the Traveller community.



All claims must be referred to the Equality Tribunal with the

exception of claims about gender discrimination in employmeQ which

can be referred to either the Circuit Court or the Equality

Tribunal, but not both.



The Employment Permits Act, 2003 introduced a revised legislative

basis for work permits, including penalties for employers for

illegal employment of non-nationals. This Act provides legislative

protection against the labour exploitation of non-nationals.



The Terms of Employment (Information) Acts, 1994 and 2001 require



DUBLIN 00000089 010.2 OF 026





employers to provide employees with a written statement of certain

particulars of their employees' terms of employment. The employer

must provide the written statement of particulars within 2 months of

the date of commencement of employment. The written statement must

include particulars of the terms of employment relating to the name

and address of the employer, the place of work, job title/nature of

the work, date of commencement of the employment, the expected

duration of contract, rate or method of calculation of pay, hours of

work, rest periods, paid leave, pensions and notice entitlements.

An employer is required to notify an employee of any changes to the

particulars contained in the statement within one month after the

change takes effect. Employees may make a complaint to a Rights

Commissioner where he/she believes that his/her employer has failed

to provide a written statement or to notify the employee of changes

to the particulars contained in the statement.



The Payment of Wages Act, 1991 provides a right of complaint to a

Rights Commissioner for any employee who has had an unlawful

deduction made from wages. Under this Act employers are obliged to

provide a statement of pay with every wage payment. A pay slip must

show gross wages and itemize all deductions. If the Rights

Commissioner decides that a complaint is well founded, he/she shall

order the employer to pay compensation to the employee.

Alternatively, the employee may sue for wages in the ordinary

courts. Where the employee's wages are governed by an Employment

Regulation Order or Registered Employment Agreement, the employer

will be guilty of an offence under the Industrial Relations Acts if

they fail to pay wQes or if they pay less than the statutory

prescribed rate. The Labour Inspectorate will seek to recover pay

arrears in any such instances and will, if necessary, initiate legal

proceedings.



Ireland's comprehensive body of employment rights legislation, which

protects employees against arbitrary behavior by employers, applies

to all workers employed on an employer-employee basis in Ireland.

The Protection of Employee's (Part-Time) Work Act, 2001 also

provides that all employee protection legislation applies to a

person, irrespective of his or her nationality or place of

residence, who has entered into a contract of employment that

provides for his or her being employed in the State or who works in

the State under a contract of employment.



Under this legislation, a person, irrespective of nationality or

place of residence, who works in the State under a contract of

employment, has the same rights under Irish employment rights

legislation as Irish employees.



Labour Inspectors pursue allegations of worker mistreatment and when

evidence of non-compliance with the relevant employment rights

legislation is found, the Inspectorate seeks redress for the

individual/s concerned and, if appropriate, a prosecution is

initiated. Employers are required to maintain records in respect of

such employees and these records, together with other substantiating

evidence, for example, a statement from an employee, provide the

essentials of a basis for legal proceedings. Failure to maintain

adequate records by an employer is an offence.



The Social Partnership Agreement "Towards 2016" sets out a number of

commitments with regard to employment standards and compliance,

including:



-- a trebling in the number of Labour Inspectors,

-- greater coordination among organizations concerned with

compliance,

-- provision for joint investigations between the Labour

Inspectorate, the Revenue Commissioners and the Department of Social

and Family Affairs,

-- new requirements in respect of record keeping by employers,

-- enhanced employment rights awareness activity,

-- the introduction of a new and more user-friendly system of

employment rights compliance, and

-- increased resourcing of the system and higher penalties for

non-compliance with employment law.



"Towards 2016" provides that the number of Labour Inspectors will be

progressively increased from 31 to 90 beyond 2007 as part of the

initiative to increase the staffing resources of the Employment

Rights Bodies generally.





DUBLIN 00000089 011.2 OF 026





"Towards 2016" is an active social partnership agreement with clear

deliverables agreed between the Government, employers bodies, trade

unions and the community and voluntary sector. Such agreements have

been part of economic and social policy in Ireland since the

"Programme for National Recovery" was agreed in 1987.



-- D. What are the prescribed penalties for rape or forcible sexual

assault?



Under Irish Law, the maximum sentence possible for rape is life

imprisonment (eight years is the average sentence),and the maximum

possible sentence for aggravated sexual assault is life

imprisonment.



-- E. Law Enforcement Statistics: Did the government prosecute any

cases against human trafficking offenders during the reporting

period? If so, provide numbers of investigations, prosecutions,

convictions, and sentences imposed, including details on plea

bargains and fines, if relevant and available. Please note the

number of convicted traffickers who received suspended sentences and

the number who received only a fine as punishment. Please indicate

which laws were used to investigate, prosecute, convict, and

sentence traffickers. Also, if possible, please disaggregate

numbers of cases by type of TIP (labor vs. commercial sexual

exploitation) and victims (children under 18 years of age vs.

adults). If in a labor source country, did the government

criminally prosecute labor recruiters who recruit workers using

knowingly fraudulent or deceptive offers or by imposing fees or

commissions for the purpose of subjecting the worker to debt

bondage? Did the government in a labor destination country

criminally prosecute employers or labor agents who confiscate

workers' passports/travel documents for the purpose of trafficking,

switch contracts or terms of employment without the worker's consent

to keep workers in a state of service, use physical or sexual abuse

or the threat of such abuse to keep workers in a state of service,

or withhold payment of salaries as a means to keep workers in a

state of service? What were the actual punishments imposed on

persons convicted of these offenses? Are the traffickers serving

the time sentenced? If not, why not?



The Garda takes a pro-active approach and attempts to ensure that

any allegations relating to the trafficking of human beings for

sexual exploitation are vigorously pursued and thoroughly

investigated. Operation 'Snow' is an operation which specifically

strives to identify unaccompanied children who seek to enter the

State. Where unaccompanied children are identified, the

circumstances are investigated at the point of entry and if there

are any concerns about the welfare of the child he/she is placed

into the care of the Health Service Executive which has statutory

responsibility for the care and protection of children. Where a

child is in the company of an adult and there are concerns about the

welfare of the child then he/she is also placed into the care of the

Health Service Executive.



Targeted Garda operations have uncovered a small number of suspected

trafficking cases. During 2008, NGOs referred a total of 21 cases

of females who they believe were suspected victims of human

trafficking. As part of the asylum process a total of 29 females

reported that they were victims of human trafficking. All of these

females were provided with accommodation and other support by the

Reception and Integration Agency (RIA). Ten of these females were

common to both lists. Thus, there were a total of 40 females who

were referred to the Garda for consideration as suspected victims of

human trafficking.



Two suspected victims were granted a 60 days recovery and reflection

period and one of those was subsequently granted a 6-month temporary

residency period. Both were offered access to accommodations and

additional services provided by the State. One female is currently

being provided with accommodation and assistance through the direct

provision services of RIA and the second female is in the care of an

NGO that is funded by the State. In no instance has a person who is

potentially a suspected victim of trafficking been removed from the

State and the public policy of the State is that no potential victim

or suspected victim of human trafficking will be removed while their

circumstances are being considered and/or investigated. Two persons

were deemed to be suspected victims of trafficking. The remaining

cases are under active consideration.





DUBLIN 00000089 012.2 OF 026





There have been no convictions under the Criminal Law (Human

Trafficking) Act 2008 to date. Since September 2000, over 100

people have been arrested and detained in respect of alleged

breaches of Section 2 Illegal Immigrants (Trafficking) Act 2000.

Five people have been convicted of 25 individual breaches of Section

2 of the Illegal Immigrants (Trafficking) Act, 2000. There are also

an additional three people before the Courts on charges under

Section 2. Section 2 of this Act creates an offence in relation to

the known facilitation or organization of entry into the State of a

person who the organizer knows or has reasonable cause to believe to

be an illegal immigrant or a person who intends to seek asylum.



Targeted Garda operations and an awareness-raising campaign have

been successful in disrupting trafficking activity. In one recent

case (December 2008) an identified suspect is believed to have left

the jurisdiction before he could be apprehended. He is believed to

have returned to China. However, it is anticipated he will return

to Ireland and at that stage the investigation will be pursued to

its conclusion.



In another case, a Congolese national man was recently convicted and

sentenced to 15 years imprisonment for sexual violence offences.

One of the victims was a 15 year old girl he claimed he married

after paying "a dowry of a goat, a length of fabric, a frying pan

and euro 500 (USD 640)." Another was a 13 year old girl that he

and his wife had brought to Ireland to "help rear their children."

In this particular case the Director of Public Prosecutions

instructed prosecution for other serious offences and a charge of

trafficking was not forthcoming.



Ireland has been and is actively involved in cross-border,

trans-national trafficking investigations. A joint police

trafficking investigation between Ireland and Romania resulted in

the prosecution of four people in Romania for trafficking for the

purpose of labor exploitation type offences.



-- Operation 'Baghdad' was a Eurojust Operation which targeted Iraqi

traffickers across Europe. Ireland actively participated in this

operation which led to over 100 arrests across Europe.



-- A suspected international child trafficker for sexual

exploitation, Peter Sarfo, was arrested in Ireland and extradited to

the Netherlands where he is now awaiting trial.



Ireland is aware that other jurisdictions are encountering

difficulties in securing prosecutions/convictions under trafficking

legislation, inter alia, because of difficulties in establishing

proof and evidence. In recent instances two suspected victims of

tafficking were interviewe by the Garda. Both returned to their

home counries. One was provided with assistance by his Embssy in

Ireland; the other returned without assisance. Both cases are

under active investigation with a view to identifying the suspects.

In one case the crime of trafficking occurred outside of Ireland and

information is being prepared for transmission, via Interpol, to the

jurisdiction where the offence occurred. In the second case a

request has been sent, via Interpol, to have an additional interview

conducted with the suspected victim.



-- F. Does the government provide any specialized training for

government officials in how to recognize, investigate, and prosecute

instances of trafficking? Specify whether NGOs, international

organizations, and/or the USG provide specialized training for host

government officials.



Training and Awareness-Raising has been provided to more than 770

members of the Garda. This is provided as an introduction to human

trafficking and sets out the various indicators of human

trafficking. The training is provided by the International

Organisation for Migration (IOM) with input from NGOs and the Garda

National Immigration Bureau.



The Garda has placed particular importance on ensuring that its

members receive training which will equip them to tackle the

phenomenon of human trafficking. A continuous professional

development training course entitled 'Tackling Trafficking in Human

Beings: Prevention, Protection and Prosecution' has been designed by

the Garda, assisted by the International Organisation for Migration

(IOM). The aim of the course is to alert operational personnel

within the Garda to the existence of the phenomenon of trafficking



DUBLIN 00000089 013.2 OF 026





and to empower them to identify victims so as to provide for their

wellbeing and to ensure initiation of criminal investigations, where

appropriate. Members of the Police Service of Northern Ireland

(PSNI) have attended this training and the Head of the United

Kingdom Human Trafficking centre (UKHTC) has made presentations at

each of these training courses, emphasizing the international and

cross-border co-operation between police forces. 250 members of the

Garda have been provided with this training course and 520

Probationer Garda officers have received awareness training as part

of their final phase of training.



The Garda also regularly participates in courses organized by CEPOL,

the European Police College, related to human trafficking. These

courses are targeted at senior police officers who are responsible

for prosecution services countering trafficking cases or organized

crime cases, members of lecturing staff in national police training

colleges, Chiefs of Police and Government officials from relevant

Ministries dealing with issues around human trafficking.



Personnel attached to the Garda Training College and GNIB attended a

course provided by the International Organisation for Migration

titled "The Training of Border Guards, Border Police and Customs

Officials in identifying of and providing assistance to the victims

of trafficking". This course was sponsored by the Belgian and

Hungarian Governments in co-operation with the European Commission.



In addition to members of the Garda, Awareness Raising Training was

also provided between July 2008 and February 2009 to more than 130

persons as an introduction to human trafficking and setting out the

indicators of human trafficking. The training was provided by the

International Organisation for Migration (IOM) with input from

NGOs/HSE, the Garda National Immigration Bureau and the Anti-Human

Trafficking Unit. Among those provided with the training were

members of staff from the following organizations:



-- Labour Inspectors from the National Employment Rights Authority,

-- Health Services Executive,

-- Irish Naturalisation and Immigration Service (INIS),

-- Office of the Refugee Applications Commissioner (ORAC),

-- the Victim's Support Helpline,

-- the Victim of Crime Office,

-- the Department of Enterprise, Trade and Employment,

-- Youth Detention Schools,

-- the Probation Service,

-- the Anti-Human Trafficking Unit,

-- Inspectors from the Private Security Authority,

-- Social Welfare Inspectors from the Department of Social and

Family Affairs.



--G. Does the government cooperate with other governments in the

investigation and prosecution of trafficking cases? If possible,

provide the number of cooperative international investigations on

trafficking during the reporting period?



Yes. Examples of international police cooperation include:



-- Exchange of liaison officers between GNIB and United Kingdom

Border Agency (UKBA).

-- Sharing immigration related information between the GNIB and the

UKBA.

-- Continuous liaison with the UK trafficking initiative Operation

'Pentameter I' and 'Pentameter II' - a GNIB Liaison Officer was

appointed to ensure full coordination.

-- In September 2006, the Irish and UK Governments signed a

Memorandum of Understanding in relation to facilitating the

systematic exchange of immigration related information.

-- Appointment of a GNIB Liaison Officer to deal with Europol and

Interpol to specifically deal with requests from both organizations.



-- Appointment of GNIB personnel as Airline Liaison officers who are

intermittently based at hub-airports in other EU Member States.

-- Provision of access to Interpol's I-24/7 global police

communications system at all Ports of Entry in the State thereby

enabling immediate access to information held by Interpol relating

to immigration matters.

-- A member of the Garda is currently seconded to Interpol HQ in

Lyon working as a Criminal Intelligence Officer in the Trafficking

in Human Beings sub-directorate.

-- Participation by representatives of the Garda in the Interpol



DUBLIN 00000089 014.2 OF 026





Working Group on trafficking in human beings.

-- Regular liaison between the Irish and French immigration

personnel.

-- The secondment of a UK Immigration Service Officer to the British

Embassy in Dublin to liaise with GNIB.

-- Appointment of GNIB officers to liaise with the UK Immigration

Service and the Police Service of Northern Ireland (in relation to

the land border between Ireland and Northern Ireland).

-- International Investigations with other States on an ongoing

basis.

-- Frontex sharing of information and regular attendance at

meetings.

-- OSCE (Organisation for Security and Co-operation in Central

Europe),attendance at meetings on Trafficking in Human Beings.

-- Council of Europe.

-- UN and UNGIFT.



-- H. Does the government extradite persons who are charged with

trafficking in other countries? If so, please provide the number of

traffickers extradited during the reporting period, and the number

of trafficking extraditions pending. In particular, please report on

any pending or concluded extraditions of trafficking offenders to

the United States.



Ireland extradites persons in certain circumstances with those

countries with which it has extradition agreements in place.

However, Irish courts take a very exacting approach toward such

requests. Requests that do not fully comply with the standards set

by the courts are often delayed or denied, as the legal presumption

is against extradition. In addition, Irish courts will deny an

extradition request if they feel that the defendant will not be

given the same guarantees available under the Irish constitution in

the requesting jurisdiction.



As of February 2008, the Irish Parliament had enacted four

agreements - the U.S.-EU Extradition Agreement, the U.S.-Ireland

Extradition Agreement, the U.S.-EU Mutual Legal Assistance Treaty,

and the U.S.-Ireland Mutual Legal Assistance Treaty. The

Department of Foreign Affairs had drawn up a diplomatic note to be

exchanged with the U.S. stating that Ireland has completed its

internal procedures for the entry into force of the US/Ireland

Extradition and Mutual Legal Assistance Agreements. The Department

of State was prepared to exchange instruments of ratification and

was developing a draft protocol of exchange to be exchanged with the

Irish bilaterally.



Within the European Union, persons can also be returned to their own

jurisdiction under the provisions of the European Arrest Warrant Act

2004. Extradition in Ireland is governed by the Extradition Act

1965 as amended and the European Arrest Warrant Act 2003 as amended.

Part II of the Extradition Act 1965 applies to non EU countries

including the U.S. and the European Arrest Warrant (EAW) Act 2003

governs extradition arrangements with Member States of the EU.



In 2008 there were no requests under Part II of the Extradition Act

1965 as amended in relation to trafficking offenders.



The Central Authority for Mutual Assistance and Extradition received

3 EAWs for trafficking offences in 2008; one from Lithuania, one

from Italy and one from France. In two cases the offenders were

surrendered (Lithuania and Italy) and the other case is pending

(France).



-- I. Is there evidence of government involvement in or tolerance of

trafficking, on a local or institutional level? If so, please

explain in detail.



There is no evidence of Government involvement in or tolerance of

trafficking, on a local or institutional level.



-- J. If government officials are involved in trafficking, what

steps has the government taken to end such participation? Please

indicate the number of government officials investigated and

prosecuted for involvement in trafficking or trafficking-related

corruption during the reporting period. Have any been convicted?

What sentence(s) was imposed? Please specify if officials received

suspended sentences, or were given a fine, fired, or reassigned to

another position within the government as punishment. Please

indicate the number of convicted officials that received suspended



DUBLIN 00000089 015.2 OF 026





sentences or received only a fine as punishment.



There is no evidence of Government involvement in or tolerance of

trafficking, on a local or institutional level.



-- K. Is prostitution legalized or decriminalized? Specifically,

are the activities of the prostitute criminalized? Are the

activities of the brothel owner/operator, clients, pimps, and

enforcers criminalized?

Are these laws enforced? If prostitution is legal and regulated,

what is the legal minimum age for this activity? Note that in many

countries with federalist systems, prostitution laws may be under

state or local jurisdiction and may differ among jurisdictions.



Prostitution itself is not illegal under Irish law, but it is an

offense to solicit another person for the purposes of prostitution,

to be involved in organized prostitution, or to live off the

proceeds of a third party's income from prostitution (pimping).

Under the Criminal Law Amendment Act 1885, it is also illegal to

procure a woman or girl to become a prostitute, to leave the country

to become a prostitute, or to leave her usual place of abode to

become a prostitute. Brothels, defined as establishments of two or

more women made available for prostitution, are illegal. Under the

above mentioned Act, it is an offence to detain any woman or girl

against her will in a brothel. A woman or girl is deemed to have

been detained in a brothel where, inter alia, property belonging to

her is withheld.



-- L. For countries that contribute troops to international

peacekeeping efforts, please indicate whether the government

vigorously investigated, prosecuted, convicted and sentenced

nationals of the country deployed abroad as part of a peacekeeping

or other similar mission who engage in or facilitate severe forms of

trafficking or who exploit victims of such trafficking.



Ireland's military is small. Nonetheless, ten percent of the force

- about 800 troops - is dedicated to peacekeeping duties, most

prominently in Chad and Kosovo. The Department of Defence ensures

that commanding officers and military police personnel on

international peacekeeping missions abroad are constantly vigilant

in the area of Human Trafficking. In the past, one reported case

involving as Irish soldier on an overseas mission was fully

investigated by military police but turned out not to constitute

human trafficking.



Pursuant to section 169 of the Defence Act 1954 it is possible to

prosecute offences under the Criminal Law (Human Trafficking) Act

2008, where an investigation discloses evidence to support such

offences. No offenses have been detected and no prosecutions

against a member of the Permanent Defence Force have taken place to

date.





-- M. If the country has an identified child sex tourism problem (as

source or destination),how many foreign pedophiles has the

government prosecuted or deported/extradited to their country of

origin? What are the countries of origin for sex tourists? Do the

country's child sexual abuse laws have extraterritorial coverage

(similar to the U.S. PROTECT Act)? If so, how many of the country's

nationals have been prosecuted and/or convicted under the

extraterritorial provision(s) for traveling to other countries to

engage in child sex tourism?



Ireland does not have an identified child sex tourism problem. The

Government has authority to deport non-national pedophiles according

to the strictures of its extradition treaty with the country of

origin of the arrested individual. In addition, the Child

Trafficking and Pornography Act has extraterritorial coverage.



PROTECTION AND ASSISTANCE TO VICTIMS



-- A. What kind of protection is the government able under existing

law to provide for victims and witnesses? Does it provide these

protections in practice?



Witness protection for victims of trafficking: Under the Criminal

Justice (Human Trafficking) Act 2008, specific measures are

legislated in order to provide greater protection to those

participating in court proceedings involving cases of human



DUBLIN 00000089 016.2 OF 026





trafficking.



Section 10 (1) provides:



-- In proceedings for an offence under section 2 or 4, or section 3

(other than subsections (2A) and (2B)) of the Act of 1998, or

incitement or conspiracy to commit any such offence, all persons,

other than officers of the court, persons directly concerned in the

proceedings and such other persons (if any) as the judge of the

court may determine, shall be excluded from the court during the

proceedings.



Provisions are also contained within the Act to protect the identity

of the victim from being publicized in the media. Section 11 (1)

provides:



-- "Where a person is charged with an offence under section 2 or 4,

or section 3 (other than subsections (2A) and (2B)) of the Act of

1998, any person who publishes or broadcasts any information,

including-



(a) any photograph of, or that includes a depiction of, the

alleged victim of the offence, or

(b) any other representation of the physical likeness, or any

representation that includes a depiction of the physical likeness,

of the alleged victim of the offence, that is likely to enable the

identification of the alleged victim of the offence, shall, subject

to any direction under subsection (2),be guilty of an offence and

shall be liable upon conviction on indictment to a fine, or

imprisonment for a term not exceeding 10 years, or both."



The Criminal Evidence Act 1992, is amended under section 12 Criminal

Law (Human Trafficking) Act 2008 to include reference to trafficking

in human beings in terms of section 2, 4 and 7. This means that it

will be possible for an alleged victim of trafficking to give

evidence through a live television link, with the leave of the court

in the case of adults, from either within the State or abroad.



-- B. Does the country have victim care facilities (shelters or

drop-in centers) which are accessible to trafficking victims? Do

foreign victims have the same access to care as domestic trafficking

victims? Where are child victims placed (e.g., in shelters, foster

care, or juvenile justice detention centers)? Does the country have

specialized care for adults in addition to children?

Does the country have specialized care for male victims as well as

female? Does the country have specialized facilities dedicated to

helping victims of trafficking?

Are these facilities operated by the government or by NGOs? What is

the funding source of these facilities? Please estimate the amount

the government spent (in U.S. dollar equivalent) on these

specialized facilities dedicated to helping trafficking victims

during the reporting period.



The Reception and Integration Agency (RIA),a Government Agency,

provides accommodation, as an interim measure, to all potential or

suspected adult victims of trafficking referred to RIA by the Garda

National Immigration Bureau (GNIB). This arrangement has operated

satisfactorily in a small number of cases of suspected trafficking

to date.



Potential and suspected victims of trafficking are given the same

accommodation as that provided to any newly arrived asylum seekers

in direct provision, i.e., accommodation in a reception centre. The

reception centers at which victims are accommodated include a

medical center on-site, managed by the Health Service Executive

(HSE).



Accommodation for suspected victims of sexual exploitation is also

provided by the NGO Ruhama. This accommodation is provided for the

duration of a period of recovery and reflection and for the duration

of the temporary residence permit.



The Health Service Executive (HSE) has responsibility for children

under legislation as set out in Section 5 of the Child Care Act

1991. Section 5 provides: "Where it appears to a health board that

a child in its area is homeless, the board shall enquire into the

child's circumstances, and if the board is satisfied that there is

no accommodation available to him which he can reasonably occupy,

then, unless the child is received into the care of the board under



DUBLIN 00000089 017.2 OF 026





the provisions of this Act, the board shall take such steps as are

reasonable to make available suitable accommodation for him."



There is no specific funding set aside for support services provided

to victims of trafficking as this in not the norm in the Irish

context. Instead funding for victims of trafficking is provided

from overall Departmental/Organizational budgets. Similarly,

funding to organizations is not specifically for the provision of

assistance to suspected victims of trafficking. Rather, it is a

matter for such organizations to determine how funding is spent.

Therefore it is not possible to provide a financial estimate of the

precise amount of funding allocated to the services to victims of

trafficking.



Ruhama has been allocated euro 250,000 (USD 321,600) in 2009 from

the Probation Service from their budget allocation for "Assistance

to Voluntary Bodies," part of which relates to its work for dealing

with trafficking in women for the purposes of sexual exploitation.

This funding amounts to approximately half of Ruhama's budget.

Ruhama has also been allocated euro 62,000 (USD 79,700) in 2009

from the Commission for the Support of Victims of Crime for the

purposes of accompanying women who appear before a court.



-- C. Does the government provide trafficking victims with access

to legal, medical and psychological services? If so, please specify

the kind of assistance provided. Does the government provide funding

or other forms of support to foreign or domestic NGOs and/or

international organizations for providing these services to

trafficking victims? Please explain and provide any funding amounts

in U.S. dollar equivalent. If assistance provided was in-kind,

please specify exact assistance. Please specify if funding for

assistance comes from a federal budget or from regional or local

governments.



Legal Services



Arrangements are being finalised for the provision of legal advice

and legal aid by the Legal Aid Board in civil and criminal cases.

Legal advice will be provided in the context of civil actions in

relation to relevant judicial and administrative proceedings. Legal

Aid means representation by a solicitor or barrister in civil

proceedings in the District, Circuit, High and Supreme Courts.

Legal Aid is available also for representation before the Refugee

Appeals Tribunal. Persons who are granted legal advice and/or legal

aid must pay a contribution to the Board. However, the intention is

this will be waived in the case of potential or suspected victims of

trafficking.



The Legal Aid Board also provides legal advice and legal aid, i.e.

representation in court, to complainants in certain cases of sexual

assault in circumstances where the defendant wishes to question a

witness in relation to their sexual history. However, in terms of

its mandate under legislation, the Legal Aid Board cannot provide

legal aid in criminal cases to victims of trafficking.

Consequently, approval has been sought to provide legal services of

this nature on an administrative basis until the necessary

legislative amendments can be made.



Medical and Psychological Services



These services are provided to all victims of trafficking in health

centres managed by the HSE at the reception centres of the Reception

and Integration Agency at which they are accommodated.



-- D. Does the government assist foreign trafficking victims, for

example, by providing temporary to permanent residency status, or

other relief from deportation? If so, please explain.



The Immigration, Residence and Protection Bill, which is currently

before the Irish Parliament, provides for certain immigration

protections relating to periods of recovery and reflection and

temporary residence. Section 127 of the Bill provides for a

recovery and reflection period of 45 days and, in circumstances

where the victim wishes to assist the authorities in any

investigation or prosecution arising, the possibility of a renewable

temporary permission of 6 months to enable him or her to do so.



Following the enactment of the Criminal Law (Human Trafficking) Act

2008 in June 2008, the Minister for Justice, Equality and Law Reform



DUBLIN 00000089 018.2 OF 026





put in place an administrative framework providing for periods of

recovery and reflection and temporary residence. That framework,

introduced in accordance with the Minister's executive power to

manage migration, broadly reflects the provisions in the

Immigration, Residence and Protection Bill and will operate until

such time as the Bill comes into effect. During debate before the

Irish Parliament, the Minister indicated an intention to increase

the period of recovery and reflection to be afforded a suspected

victim from 45 days to 60 days. A legislative amendment to give

effect to this proposal is to be brought forward. In the interim

period, the current administrative arrangements provide for the 60

days recovery and reflection period.



These measures are intended to address the immediate and medium term

concerns of a trafficking victim with regard to their permission to

remain in the State. The granting of a period of recovery and

reflection is not dependent on the suspected victim's cooperation in

any investigation or prosecution. The period of temporary residence

is to allow the victim to assist the Garda or other relevant

authorities in any investigation or prosecution arising. These

provisions are in line with the Council of Europe Convention in

Action against Trafficking in Human Beings, the United Nations

Protocol (2000) and the European Union Directive (Directive

2004/81/EC) on the residence permit issued to victims of

trafficking.



With regard to any longer term prospect of a victim of human

trafficking being allowed to remain in the State, it may be possible

for a victim to seek to regularize his or her residence in the State

through the making of an application for permission to remain in

accordance with existing immigration schemes. Also, where there are

compelling circumstances of a humanitarian nature the Minister for

Justice, Equality and Law Reform may, at his or her discretion,

grant permission to remain. While it is recognized that victims of

human trafficking often seek to return to their home country, it is

open to victims to seek to resolve their longer term status in this

way.



-- E. Does the government provide longer-term shelter or housing

benefits to victims or other resources to aid the victims in

rebuilding their lives?



Victims of trafficking have the same rights as any Irish citizen in

relation to access to social services, which includes access to

health care, accommodation, education and material assistance.



In terms of access to the labor market, Ireland also provides

victims of trafficking with an immigration stamp 3 during the course

of the 60 day recovery and reflection period. An immigration stamp

3 does not provide access to the labor market and is normally

provided to visitors to Ireland or to dependent spouses.



Should a temporary residence permit be granted to a victim of

trafficking, an immigration stamp 4 can be issued. An immigration

stamp 4 entitles victims to unrestricted access to the labor

market.



-- F. Does the government have a referral process to transfer

victims detained, arrested or placed in protective custody by law

enforcement authorities to institutions that provide short- or

long-term care (either government or NGO-run)?



In the event that a Superintendent of GNIB deems that a person who

has been placed in custody for other offences is a potential

suspected victim of trafficking, then he/she can refer that person

to the appropriate accommodation which is provided by RIA or to an

NGO.



-- G. What is the total number of trafficking victims identified

during the reporting period? Of these, how many victims were

referred to care facilities for assistance by law enforcement

authorities during the reporting period? By social services

officials? What is the number of victims assisted by

government-funded assistance programs and those not funded by the

government during the reporting period?



During 2008, NGOs referred a total of 21 cases of females who they

believe are suspected victims of human trafficking. As part of the

asylum process a total of 29 females have reported that they were



DUBLIN 00000089 019.2 OF 026





victims of human trafficking. As part of the asylum process all of

these females are provided with accommodation and other support by

RIA. Ten of the females are common to both lists. This gives a

total of 40 females who have been referred to the Garda as suspected

victims of human trafficking.



Two suspected victims have been granted a 60 days recovery and

reflection period and one of those has now been granted a 6 months

temporary residency period. Both were offered access to the

accommodation and additional services provided by the State. One of

these two females is currently being provided with accommodation and

assistance through the direct provision services of RIA and the

second female is in the care of an NGO that is funded by the State.

In no instance has a person who is potentially a suspected victim of

trafficking been removed from the State and the public policy of the

State is that no potential victim or suspected victim of human

trafficking will be removed while their circumstances are being

considered and/or investigated. Two persons have not been deemed to

be suspected victims of trafficking. The remaining cases are under

active consideration.



-- H. Do the government's law enforcement, immigration, and social

services personnel have a formal system of proactively identifying

victims of trafficking among high-risk persons with whom they come

in contact (e.g., foreign persons arrested for prostitution or

immigration violations)? For countries with legalized prostitution,

does the government have a mechanism for screening for trafficking

victims among persons involved in the legal/regulated commercial sex

trade?



Through the provision of training, designed to assist in identifying

such criminal activity where it is taking place, members of the

Garda are empowered to efficiently and effectively investigate

criminal acts involved in human trafficking, while treating victims

with the utmost sensitivity. GNIB has developed appropriate

communications channels with the Health Service Executive and RIA to

ensure the welfare of suspected victims of human trafficking is

provided for while an investigation into the alleged criminality is

completed.



Staff in children detention schools all receive extensive child

protection training which includes training in identifying and

dealing with children who are suspected of having been trafficked.

There are standard procedures in place to respond to suspicions of

any child protection issues, including trafficking, which involve

reporting the matter to both the Garda and the Health Service

Executive.



The Garda, in particular GNIB, has built up links/relationships with

all recognized State agencies, NGOs and other voluntary

organizations operating in this area. The various Working Groups

established by the AHTU provide a forum to further develop Ireland's

responses to all of the issues of human trafficking. The Garda

plays an active part in each of the Working Groups and is

represented at a senior level on each group.



Insofar as child victims of trafficking are concerned the HSE

assesses each child's case independently and places them in

accommodation that it deems would provide the safest and most

appropriate placement. The option considered to be safest to date

in the majority of cases has been foster placement. However, the

HSE recognizes that as tracking and monitoring processes are refined

and improved, the number of identified victims may increase and in

preparation for this eventuality a policy and operational plan is

currently being completed by the HSE. The Dublin based Service for

Separated Children Seeking Asylum (S.C.S.A.) will take

responsibility for providing the full range of supports including

placement/accommodation to child victims of trafficking.



-- I. Are the rights of victims respected? Are trafficking victims

detained or jailed? If so, for how long? Are victims fined? Are

victims prosecuted for violations of other laws, such as those

governing immigration or prostitution?



The rights of victims are respected and it is not the State's policy

to detain or imprison persons whom are known to be victims of

trafficking. Victims are not prosecuted for breaches of immigration

or other laws in circumstances where they are suspected to be

victims of human trafficking. If a prosecution has commenced or is



DUBLIN 00000089 020.2 OF 026





being considered, the facts of each case are relayed to the Director

of Public Prosecutions, who has the discretion to terminate a

prosecution or not commence a prosecution if the person is a

suspected victim of human trafficking.



-- J. Does the government encourage victims to assist in the

investigation and prosecution of trafficking? How many victims

assisted in the investigation and prosecution of traffickers during

the reporting period? May victims file civil suits or seek legal

action against traffickers? Does anyone impede victim access to

such legal redress? If a victim is a material witness in a court

case against a former employer, is the victim permitted to obtain

other employment or to leave the country pending trial proceedings?

Are there means by which a victim may obtain restitution?



The Government encourages victims of trafficking to assist the Garda

with investigations and prosecutions by offering them a temporary

residence permit. The temporary residence permit is granted

following the expiry of a recovery and reflection period on the

condition that the victim cooperates with the Garda with

investigation and prosecutions. The permit lasts for a period of

six months and can be renewed thereafter for as long as an

investigation or prosecution is on-going.



During this time, victims have access to legal aid and advice which

is to be provided by the Legal Aid Board. These arrangements are

currently being finalized. Victims are entitled to the same access

to legal redress as Irish citizens and are not impeded in any way in

this regard. If victims wish to take a civil case against a

trafficker for the purposes of obtaining compensation, they can be

assisted in taking such a case by the Legal Aid Board. Victims may

also receive compensation in a criminal case under the Criminal

Justice Act 1993 on the basis of personal injury or loss resulting

from the offence or through applying to the Criminal Injuries

Compensation Tribunal which compensates victims of crime for out of

pocket expenses.



If a victim is a material witness in a court case against a former

employer and has been working in the State for more than 12 months,

there is no restriction on him/her changing employment. Situations

where a person has been in the State for less than 12 months are

dealt with on a case by case basis and proof would be required that

they are taking a case against a former employer. Decisions as to

whether a person can enter, remain or leave the State are made by

the Department of Justice, Equality and Law Reform. It should also

be noted, that on being granted a temporary residence permit, a

victim is issued with a stamp 4 which allows him/her unrestricted

access to the labor market.



Currently two suspected victims are actively assisting Garda

officers with investigations. In addition, there are a number of

other investigations ongoing where persons, who are potentially

suspected victims of trafficking, are likely to assist in

investigations.



-- K. Does the government provide any specialized training for

government officials in identifying trafficking victims and in the

provision of assistance to trafficked victims, including the special

needs of trafficked children? Does the government provide training

on protections and assistance to its embassies and consulates in

foreign countries that are destination or transit countries? What

is the number of trafficking victims assisted by the host country's

embassies or consulates abroad during the reporting period? Please

explain the type of assistance provided (travel documents, referrals

to assistance, payment for transportation home).



The Garda has placed particular importance on ensuring that its

members receive training which will equip them to tackle the

phenomenon of human trafficking. A continuous professional

development training course entitled 'Tackling Trafficking in Human

Beings: Prevent, Protection and Prosecution' has been designed by

the Garda, assisted by the International Organisation for Migration

(IOM) and the UK Human Trafficking Centre. The aim of the course is

to alert operational personnel within the Garda to the existence of

the phenomenon of trafficking and to empower them to identify

victims so as to provide for their wellbeing and to ensure

initiation of criminal investigations, where appropriate. Members

of the PSNI have also attended this training. 250 members of the

Garda have been provided with this training course and 520



DUBLIN 00000089 021.2 OF 026





Probationer Garda officers have received awareness training as part

of their final phase of training.



Awareness Raising Training has been provided, since July 2008, to in

excess of 130 persons as an introduction to human trafficking and

setting out the indicators of human trafficking. The training has

been provided by the International Organisation for Migration (IOM)

with input from NGOs, the HSE, the Garda National Immigration Bureau

and the Anti-Human Trafficking Unit. Among those provided with the

training include staff from the following organisations:



-- Labour Inspectors from the National Employment Rights Authority

-- Health Services Executive

-- Irish Naturalisation and Immigration Service (INIS)

-- Office of the Refugee Applications Commissioner (ORAC)

-- the Victim's Support Helpline

-- the Victim of Crime Office

-- the Department of Enterprise, Trade and Employment

-- Youth Detention Schools

-- the Probation Service

-- the Anti-Human Trafficking Unit

-- Inspectors from the Private Security Authority

-- Social Welfare Inspectors from the Department of Social and

Family Affairs



The Department of Education and Science has agreed to involve

teachers and students in raising awareness of trafficking in human

beings. Sample case studies supplied by the International

Organisation for Migration (IOM),UNHCR and the Migrants Rights

Centre of Ireland have been made available to the Coordinator of the

Civil, Social and Political Education (CSPE) course in Secondary

schools. These materials will be distributed to teachers in

selected schools on a trial basis with a view to having the topic of

human trafficking addressed as part of the 'Human Rights' module of

the CSPE program. It is anticipated that this can then be rolled

out on the CPSE curriculum for the 2009 - 2010 academic year in a

series of three to four lessons over the year.



Information on the trafficking of human beings and details of the

Irish 'Blue Blindfold' website address has been placed on the

Department of Foreign Affairs Internet Website and Intranet Sites.

In addition, there is currently a proposal to hold information

sessions concerning the trafficking of human beings in the near

future with:



-- Department of Foreign Affairs for staff who will be taking up

posts in overseas missions.

-- Department of Enterprise Trade and Employment for staff approving

work permit applications.



-- L. Does the government provide assistance, such as medical aid,

shelter, or financial help, to its nationals who are repatriated as

victims of trafficking?



There is no evidence to date that an Irish national has been

trafficked. Such assistance will be provided if the occasion

arises.



-- M. Which international organizations or NGOs, if any, work with

trafficking victims? What type of services do they provide? What

sort of cooperation do they receive from local authorities?



Established in 1989, Ruhama is a Dublin-based NGO that works with

women involved in prostitution. As part of its overall work, Ruhama

also provides assistance to women who have been trafficked into

Ireland for the purposes of sexual exploitation. Ruhama regards

prostitution and commercial sexual exploitation as violence against

women and violations of women's human rights. Services offered by

Ruhama include accommodation, outreach, advocacy, befriending,

counseling and development.



The Sexual Violence Centre in Cork provides counseling and support

to teenagers, women and men who have been raped or are survivors of

child sexual abuse. The organization is recognized as a center of

expertise in this area and provides training and education for a

range of organizations and agencies. The Centre is also involved in

research, is on a number of committees and aims to influence social

policy and improve legislation for victims of sexual violence. In

addition, the Centre is also involved in developing awareness



DUBLIN 00000089 022.2 OF 026





raising through its work with high school students in the tenth

grade.



The Migrant Rights Centre of Ireland (MRCI) is a national

organization concerned with the rights of migrant workers and their

families. The organization was set up in 2001 to bridge a gap in

support structures and information provision for migrant workers and

their families. Since then MRCI has evolved to become a national

organization. Its primary aims are the provision of supports to

migrant workers and their families, empowering migrant workers

through community work practice and achieving policy change.



The Immigrant Council of Ireland (ICI) is a national, independent

non-governmental organization that promotes the rights of migrants

through information, legal advice, advocacy, lobbying, research and

training work. The ICI is also an Independent Law Centre.



Established in 1951, the International Oraganisation for Migration

(IOM) in Ireland is the leading inter-governmental organization in

the field of migration and works closely with governmental,

intergovernmental and non-governmental partners. Ireland has been

an IOM Member State since 2002. Since then, it has become actively

engaged in a number of thematic areas which all seek to positively

contribute to facilitating and managing migration. IOM Dublin

currently runs assisted voluntary return and reintegration programs

funded by the Department of Justice, Equality and Law Reform that

are open to asylum seekers and irregular migrants from non-EEA

(European Economic Area) countries who wish to return home

voluntarily but do not have the means, including the necessary

documentation, to do so.



In Ireland, the Representation of the United Nations High

Commissioner for Refugees (UNHCR) works with government as well as

civil society partners to support the building of the asylum system.

The organization carries out the mandate of UNHCR to safeguard the

rights and well-being of refugees in cooperation with the

authorities. UNHCR activities aim to ensure that everyone can

exercise the right to seek asylum in Ireland and find safety if they

are in need of protection. In terms of involvement in

anti-trafficking activities the UNHCR are represented on a number of

the working groups who are responsible for examining various

trafficking issues.



PREVENTION



-- A. Did the government conduct anti-trafficking information or

education campaigns during the reporting period? If so, briefly

describe the campaign(s),including their objectives and

effectiveness. Please provide the number of people reached by such

awareness efforts, if available. Do these campaigns target

potential trafficking victims and/or the demand for trafficking

(e.g. "clients" of prostitutes or beneficiaries of forced labor)?

(Note: This can be an especially noteworthy effort where

prostitution is legal. End Note.)



Ireland conducted an awareness raising campaign under the European

G6 Initiative Against Trafficking in Human Beings. The G6

initiative is a coordinated European initiative to tackle the

trafficking of human beings involving Ireland, the UK, the

Netherlands, Poland, Italy and Spain with support from Europol,

Interpol and Eurojust. It was agreed that a shared multinational

campaign would be run in participating states designed to raise

awareness and discourage demand for services of victims of sexual

and labor exploitation. The Irish campaign was launched by the

Minister for Justice, Equality and Law Reform and the Garda

Commissioner on October 21, 2008. The awareness raising campaign

targeted the general public, law enforcement and other professionals

who come into contact with victims of trafficking during the course

of their work. The campaign uses the "Blue Blindfold - Don't Close

your Eyes to Human Trafficking" concept developed by the UK Human

Trafficking Centre.



The campaign had the following components:



-- Newspaper Advertisements were launched at the start and end of

the campaign.

-- A total of 1,250 packs containing 3 posters, 1,000 leaflets and

200 business cards were produced and issued to Airports/Ports/Train

Stations/Bus Stations, Garda stations, NGOs, RIA Accommodation



DUBLIN 00000089 023.2 OF 026





Centres, Local Health Offices, Health Centres, Hospitals, Citizen

Information Centres, Libraries, and educational organizations.

-- Stripline and column advertisements were posted on the two Luas

(public transport in Dublin) lines for 3 weeks.

-- A skyscraper advertisement on the RTE website (national

television and radio service) was posted for 3 weeks.

-- Advertisements were placed in the match programs for three rugby

international competitions.

-- Advertisements were placed in the 'In Touch' magazine, which

circulated with the Irish Independent newspaper on November 3,

2008.

-- A dedicated website, www.blueblindfold.gov, established that,

inter alia, sets out the indicators of trafficking.



As a result of the campaign a number of calls and e-mails were were

received by the Garda and are being investigated. An evaluation of

the campaign is underway at present.



The Anti-Human Trafficking Unit arranged for funding under the

National Women's Strategy for Ruhama (an NGO which provides support

services to women involved in prostitution and other forms of

commercial sexual exploitation) for the making of a 3-minute film

and a 50-second advertisement designed to educate customers and

potential customers on the exploitation underpinning the commercial

sex industry and to address the demand side of sex trafficking by

drawing attention to the penalty provisions which apply. The

50-second advertisement was launched on November 10 and has since

been aired regularly on the national television stations, RTE, TV3

and the sports television station, Setanta.



Both the Executive Director of the Anti-Human Trafficking Unit and

representatives of the Garda National Immigration Bureau

participated on a Crimecall television program, which has some

400,000 viewers that focused on trafficking in human beings on June

24.



Publication of articles concerning trafficking in human beings



An article is to be published in the first edition of 2009 of the

Irish Judicial Studies Journal which has members of the judiciary as

its target audience.



Articles are to be published in CitizeNews (teachers union magazine)

and the Newsletter of the National Education Welfare Board.



An article is to be published in the next issue of the Taxi

Regulator's Newsletter, which issues to all taxi drivers.



Articles have been published in the Irish Naturalisation and

Immigration Service (INIS) and Office of the Refugee Applications

Commissioner (ORAC) Newsletters.



Addresses have been made by the Executive Director of the Anti-Human

Trafficking Unit to:

(a) Conference in Cork on Child Trafficking on May 17.

(b) the Irish Institute of European Affairs on May 21.

(c) Moldovan prosecutors in the Director of Public Prosecutions

Office on June 18.

(d) The Hidden Economy Monitoring Group of Government, Trade Union

and Business sectors on November 26.



Addresses by a member of the Anti-Human Trafficking Unit on G6

Awareness Raising Initiative were made at the following:

(a) Jesus College, Cambridge University - Crime Symposium - on

September 5.

(b) 9th Meeting of the Interpol Working Group on Trafficking on

September 24.

(c) Yorkshire Europe Group in Brussels on June 11.



The Executive Director of the AHTU chaired the workshop on

trafficking in human beings at a Conference by the Association of

Criminal Justice Research and Development on October 10.



On 3 December, 2008 members of the European Parliament launched a

campaign to have the Blue Blindfold concept against human

trafficking adopted throughout the European Union. The 'Blue

Blindfold' concept, initially developed by the United Kingdom, has

as its message 'Don't close your eyes to Human Trafficking'. The

blindfold represents the risk of people closing their eyes to



DUBLIN 00000089 024.2 OF 026





indicators of human trafficking and being unaware of the crime going

on around them. The launch involved the display of campaign

materials used by the UK and Ireland was represented at the launch

by staff of the Anti-Human Trafficking Unit, who displayed the

literature from the Awareness Raising Campaign in October, 2008.



-- B. Does the government monitor immigration and emigration

patterns for evidence of trafficking? Do law enforcement agencies

screen for potential trafficking victims along borders?



Prior to 2001, information recorded by the Garda relating to

non-nationals was held by use of a paper based system which, as the

numbers of immigrants increase, quickly became inadequate. In 2001

a computer-based Garda National Immigration Bureau Information

System (GNIB IS) was designed, developed and implemented by the

Garda in order to:



-- Streamline the registration and renewal of registrations of

non-nationals.

-- Strengthen security at the frontiers of the State.

-- Effectively manage and monitor the execution of deportation

orders.

-- Facilitate the availability of immigration related information to

those tasked with implementing immigration related legislation.



The information held on the GNIB-IS, is utilized for the following

purposes:



-- Preventing entry into the state of persons who possess an adverse

immigration history.

-- Establishing if non-nationals have fulfilled their obligation to

register.

-- Ensuring non-nationals do not remain in the State beyond the

period allowed.

-- Locating persons avoiding deportation.

-- Processing applications for naturalization.

-- Establishing if non-nationals are complying with their conditions

for entry into the State.

-- Providing information to immigration/police authorities in other

states.

-- Preventing the illegal movement of persons within the UK/Ireland

Common Travel Area.



Through a range of management reports, immigration-related issues

are monitored on a daily basis enabling identification of patterns,

trends, and modus operandi with regard to a wide range of

immigration related criminal activity. Detection and investigation

of potential incidents of human trafficking is facilitated by the

GNIB IS.



-- C. Is there a mechanism for coordination and communication

between various agencies, internal, international, and multilateral

on trafficking-related matters, such as a multi-agency working group

or a task force?



The Anti-Human Trafficking Unit has overall administrative

responsibility for coordinating the Government's response to

trafficking in persons. In order to carry out that role effectively

and to implement and facilitate a multidisciplinary approach, the

AHTU works in close cooperation with a wide variety of relevant

Government Agencies and Departments in addition to NGOs and

International Organizations (IOs) working in the anti-trafficking

field.



The Garda has, over a number of years, established key strategic

relationships and alliances with all relevant stakeholders and

partners involved in the immigration process. There are regular

exchange fora to ensure information sharing and a holistic

Governmental approach to the phenomenon of trafficking in human

beings.



-- D. Does the government have a national plan of action to address

trafficking in persons? If the plan was developed during the

reporting period, which agencies were involved in developing it?

Were NGOs consulted in the process? What steps has the government

taken to implement the action plan?



The National Action Plan (NAP) to Prevent and Combat Trafficking in

Human Beings is currently being finalized for submission to the High



DUBLIN 00000089 025.2 OF 026





Level Interdepartmental Group and the Minister for Justice, Equality

and Law Reform in the near future and publication thereafter. The

NAP has a strong focus on preventing trafficking in human beings

becoming a major issue in Ireland. The NAP is being developed under

four main headings:



-- Prevention and Awareness Raising,

-- Prosecution of Traffickers,

-- Protection of Victims and

-- Child Trafficking.



The Plan will set out the structures to facilitate Ireland's

compliance with all of the relevant international instruments and

will therefore allow for ratification of the Council of Europe

Convention on Action Against Trafficking in Human Beings and the UN

Protocol to Prevent, Suppress and Punish Trafficking in Persons,

Especially Women and Children when the structures have been put in

place.



The National Action Plan is being developed by the Anti-Human

Trafficking Unit with input provided from a number of other

Government Departments and State agencies as necessary. Those asked

to provide input include:



-- Irish Naturalisation and Immigration Service

-- Garda

-- Health Service Executive

-- Department of Foreign Affairs

-- Department of Enterprise, Trade and Employment

-- Department of Education & Science

-- Office of the Minister for Children

-- Director of Public Prosecutions

-- National Employment Rights Authority



A public consultation was held at the formulation of the National

Action Plan. Interested groups or individuals were asked to make

submissions under four different headings, which included Prevention

and Awareness Raising, Prosecution of Traffickers, Protection of

Victims and Child Trafficking.



This allowed for the views of the public and relevant governmental

and non-governmental stakeholders engaged in the fight against human

trafficking to be taken into account. Those organizations that

provided input via the consultation process included:



-- The Immigrant Council of Ireland

-- The Human Rights Committee of the Law Society

-- Daughters of Charity - Vincentian Refugee Centre

-- HSE - Balseskin Refugee Health Screening Team

-- Irish Human Rights Commission

-- Dept. of Political Science and Sociology, NUIG & Irish School of

Ecumenics, TCD

-- Barnardos

-- Amnesty International - Irish Section

-- Ruhama

-- United Nations High Commissioner for Refugees

-- Irish Women Lawyers Association

-- MRCI - Migrant Rights Centre Ireland

-- Irish Refugee Council

-- IOM - International Organisation for Migration

-- Integrating Ireland

-- Dominican Justice Office

-- One in Four

-- Irish Federation of University of Women

-- Stop Sex Trafficking

-- International Human Rights Network

-- APT - Act to Prevent Trafficking

-- UNICEF

-- Curam.



The Interdepartmental High Level Group will be responsible for

monitoring the implementation of the National Action Plan. The High

Level Group will be complemented by the Non-Governmental and

Governmental Roundtable Forum on Combating Human Trafficking and the

working groups will also be involved in the implementation of the

Plan.



In addition, a consultation will be held mid-way through the

implementation of the Plan to take into account the views of



DUBLIN 00000089 026.2 OF 026





relevant governmental and non-governmental stakeholders engaged in

the fight against human trafficking having regard to the

developments in the period following the publication of the plan.

Views will be collated centrally by the Anti-Human Trafficking Unit

and circulated to the High Level Group, Roundtable Forum, and other

relevant stakeholders.



-- E: What measures has the government taken during the reporting

period to reduce the demand for commercial sex acts? (see ref B,

para. 9(3) for examples)



Legislative Actions



Under Section 5 of the Criminal Law (Human Trafficking) Act 2008 it

is an offence for a person to solicit for prostitution a person who

he/she knows or has reasonable grounds for believing is a trafficked

person. A person (other than the trafficked person) who accepts or

agrees to accept a payment, right, interest or other benefit from a

person for this purpose also commits an offence. The penalty for

these offences can be up to five years imprisonment and an unlimited

fine on conviction on indictment.



Section 7 of the Criminal Law (Human Trafficking) 2008 Act provides

for extra territorial jurisdiction where an Irish citizen or

resident conspires, incites or commits acts which would be offences

under this Act if they were committed in Ireland and also where the

victim of such acts committed outside Ireland is an Irish citizen.

Penalties of up to life imprisonment and an unlimited fine apply in

respect of these offences.



The maximum penalty for committing or attempting to commit any of

the above offences is an unlimited fine and/or life imprisonment.



Television Advertisements Targeted at Purchasers of Sexual Services



The Anti-Human Trafficking Unit arranged funding, under the National

Women's Strategy, for Ruhama (an NGO which provides support services

to women involved in prostitution and other forms of commercial

sexual exploitation) for the making of a short three-minute film and

a 50-second advertisement designed to educate both purchasers and

potential purchasers of sexual services to the exploitation

underpinning the commercial sex industry and to address the demand

side of sex trafficking. The 50-second advertisement was launched

on November 10 and has since been aired regularly on the national

television station, RTE, and the sports television station,

Setanta.



G6 Awareness Raising Campaign



Ireland has taken the lead role in the awareness raising strand of

the G6 anti-trafficking program. It ran a shared multinational

campaign designed to raise awareness and discourage demand for

services of victims of sexual and labor exploitation in

participating States. The Irish campaign was launched by the

Minister for Justice, Equality and Law Reform and the Garda

Commissioner on 21 October 2008. The Awareness Raising campaign

targets the general public, law enforcement and other professionals

who may come into contact with a victim of trafficking during the

course of their work. The campaign uses the "Blue Blindfold - Don't

Close your Eyes to Human Trafficking" symbol developed by the UK

Human Trafficking Centre.



-- F. Required of all Posts: What measures has the government taken

during the reporting period to reduce the participation in

international child sex tourism by nationals of the country?



Section 7 of the Criminal Law (Human Trafficking) 2008 Act provides

for extra territorial jurisdiction where an Irish citizen or

resident conspires, incites or commits acts which would be offences

under this Act if they were committed in Ireland and also where the

victim of such acts committed outside Ireland is an Irish citizen.

Penalties of up to life imprisonment and an unlimited fine apply in

respect of these offences.



5. (U) Point of Contact for this report is Political Officer Jami

Papa, Office Tel: 353-1-630-6275, Fax: 353-1-667-0056, E-mail:

PapaJL@state.gov.