IRELAND - TENTH ANNUAL TRAFFICKING IN PERSONS (TIP) REPORT

UNCLAS SECTION 01 OF 26 DUBLIN 000065



SENSITIVE

SIPDIS



STATE FOR G/TIP, G-Laura Pena, INL, DRL, PRM

STATE FOR EUR/PGI, EUR/WE

STATE FOR USAID



E.O. 12958: N/A

TAGS: KTIP, ELAB, KMCA, KCRM, PHUM, KWMN, SMIG, KFRD, ASEC, PREF,

EI

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



REF: STATE 2094



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1. (SBU) The Government of Ireland fully complies with the minimum

standards for the elimination of trafficking. The government

enacted legislation criminalizing human trafficking in 2008,

increased trafficking awareness efforts, and in 2009, investigated

nearly 70 cases of potential trafficking. Ireland has made

significant strides, prosecuting five individuals in Ireland and

providing all case evidence for a further three individuals in

Romania and three in Wales. An additional case is awaiting trial

before the Dublin Circuit Criminal Court. Ireland continues to

partner with NGOs and other nations in awareness raising and

prevention activities.



2. (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 human

trafficking? 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 men, women, or children subjected to conditions of

commercial sexual exploitation, forced or bonded labor, or other

slave-like conditions? Are citizens or residents of the country

subjected to such trafficking conditions within the country? If so,

does this internal trafficking occur in territory outside of the

government's control (e.g. in a civil war situation)? From where

are people recruited or from where do they migrate prior to being

subjected to these exploitative conditions? To what other countries

are people trafficked and for what purposes? 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 accurate

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 they encountered 30 new cases in the past

year, with victims almost entirely comprised of young women from

Nigeria Multiple NGOs have mentioned the increasing role of the

internet in creating virtual brothels.



-- C. To what kind of conditions are the trafficking victims

subjected?



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.



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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. Of the 47

children who went missing from care in 2009, nine were recovered.

Authorities determined that the possibility of trafficking exists in

one of these cases and it is currently under investigation.



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

risk of human trafficking (e.g. women and children, boys versus

girls, certain ethnic groups, refugees, IDPs, etc.)? If so, please

specify the type of exploitation for which these groups are most at

risk



Most cases of sex trafficking involved Nigerian women.



-- 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 gain direct access to

victims? For example, are the traffickers recruiting victims

through lucrative job offers? Are victims sold by their families,

or approached by friends of friends? Are victims "self-presenting"

(approaching the exploiter without the involvement of a recruiter or

transporter)? If recruitment or transportation is involved, what

methods are used to recruit or transport 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

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

of their victims.





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



-- A. Does the government acknowledge that human 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 trafficking victims have been

identified. It actively investigates all credible allegations of

trafficking.



-- B. Which government agencies are involved in efforts to combat

sex and labor trafficking - including forced labor - and, which

agency, if any, has the lead in these efforts?



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,



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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.



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

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 these problems 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, 2008 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, particularly in the

judiciary, with TIP issues.



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 historical reasons and funding issues hostel

accommodation has been used to house a large cohort of unaccompanied

minors between 16 and 18 within the state. H.S.E. management

(responsible for the unaccompanied minors service) has been

increasingly concerned at the inappropriateness of this form of

placement for minors and also its potential contribution to the risk

of minors going missing.



However, considerable progress has been achieved in this area in the

last year. Three children's homes for unaccompanied minors under 16

were opened in 2009 and bring the total number of such homes to

four. There were originally six hostels and one mother and baby

home operating for unaccompanied minors. H.S.E. management decided

to close the hostels in early 2009 but waited until the autumn of

that year to begin in order to facilitate children completing the

academic year. Two hostels have already been closed. One closed in

early September 2009 and the other in October 2009. Three hostels

remain open and a mother and baby home accommodating in total 70

minors and 6 babies (with mothers). The H.S.E. intends to close all

remaining hostels in 2010, and to place children in a range of

appropriate placements based on their assessed need.



-- 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



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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, assesses the number of

possible cases of trafficking which are not subsequently deemed to

be suspected cases. The data gathered through this system is used

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.



The AHTU provides an analysis of the data collected by Government

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

results 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.



-- E. What measures has the government taken to establish the

identity of local populations, including birth registration,

citizenship, and nationality?



N/A



--F. To what extent is the government capable of gathering the data

required for an in-depth assessment of law enforcement efforts?

Where are the gaps? Are there any ways to work around these gaps?



The police routinely provide relevant information to the AHTU and

are part of the round table meetings with government and NGOs.





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?



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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

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



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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 the trafficking of persons for

commercial sexual exploitation, including for the forced

prostitution of adults and the prostitution of children?



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, including all forms of forced 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 compelled service in the destination country? If your

country is a destination for labor migrants (legal/regular or

illegal/irregular),are there laws punishing employers or labor

agents who confiscate workers' passports or travel documents for the

purpose of labor trafficking, switch contracts without the worker's

consent as a means to keep the worker in a state of compelled

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

worker in a state of compelled service?



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,



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(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.



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

entire range of statutory employment rights and protections

available 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



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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 employment 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

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



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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 wages 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.



"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 take legal

action against human trafficking offenders during the reporting

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



DUBLIN 00000065 010.3 OF 026





convictions, and sentences imposed, including details on plea

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

number of convicted trafficking offenders 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). What were the actual punishments imposed on convicted

trafficking offenders? Are they serving the time sentenced? If not,

why not?



In 2009, the government initiated 68 investigations into alleged

human trafficking offenses. The government reported ten

prosecutions in 2009, including three in Romania and three in Wales.

One individual was convicted for three counts under the Child

Trafficking and Pornography Act 1998 to a total of 6 years. Another

defendant was convicted and sentenced to six years' imprisonment in

2009 for crimes under the Child Trafficking and Pornography Act

1998. A third individual believed to be bringing a woman into

Ireland for the purpose of sexual exploitation was charged under the

Illegal Immigrants (Trafficking) Act 2000 and sentenced under the

Probation Act (offense proved but no penalty applied). In November,

2009, police encountered a victim who alleged that one of her

traffickers was a member of the police force who at the time was on

long term suspension for another matter. This individual has been

arrested under the Human Trafficking Act and the investigation is

ongoing.



A further case is awaiting trial. The initial complaint was made in

July 2008 when the injured party was 15 years. Following an

investigation it was discovered that a female Nigerian national had

put the injured party into prostitution and was sexually exploiting

her. The case is currently before the Dublin Circuit Criminal Court

where the accused (female Nigerian National) is charged contrary to

Section 3 of the Child Trafficking and Pornography Act 1998 for

child trafficking and taking, etc. child for sexual exploitation (2

counts) and contrary to Section 3 of the Criminal Law (Human

Trafficking) Act 2008 for child trafficking and taking, etc. child

for sexual exploitation (1 count). The child has been rescued from

her trafficker and is State care.



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

government officials in how to recognize, investigate, and prosecute

instances of trafficking? Or training on investigating and

prosecuting human trafficking crimes? Specify whether NGOs,

international organizations, and/or the USG provide specialized

training for host government officials.



The following occurred in 2009:



-Specialized training course in September, 2009 for staff of the

Legal Aid Board who are providing legal aid and advice to potential

and suspected victims of trafficking in human beings.



-Executive Director of the Anti-Human Trafficking Unit addressed a

Seminar on Strategies for Tackling Forced Labor on 1 October 2009

organized by the Migrants Rights Council of Ireland (MRCI) and the

International Labour Organisation.



-Training courses entitled 'Tackling Trafficking in Human Beings:

Prevention, Protection and Prosecution' delivered to 100 members of

the Garda Sochna in November and December 2009.



-250 probationer members of the Garda Sochna received awareness

raising/victim identification training on human trafficking.



-3 members of the Garda Sochna from the Garda National Immigration

Bureau attended CEPOL Trafficking courses in Brussels, Vilnius and

Madrid.



-Attendance and participation in a Cross-Border Crime Conference

between the Garda Sochna, the Police Service of Northern Ireland

(PSNI) and other law enforcement agencies in both jurisdictions in

October 2009. Trafficking of human beings featured in a number of

presentations and was the subject of a specific workshop.



-Development, design and delivery of a 'Train the Trainer' course



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for staff of Government and Public Sector organizations to enable

training on human trafficking to be rolled out to all staff in these

organizations. Courses took place in November and December, 2009.

A total of 23 people were trained from 9 different organizations -

Department of Agriculture, RIA, Prison Service, Department of

Enterprise, Trade & Employment, Legal Aid Board, FAS, Department of

Social & Family Affairs, NERA and the HSE. A third course will take

place in 2010. Presentations were made by the Anti-Human

Trafficking Unit, the Garda National Immigration Bureau and the

Health Service Executive.



--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.



-- 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.



-- Participation by representatives of the Garda in the Interpol

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.



The government reported that it cooperated with other countries on

international anti-trafficking investigations. In December 2009,

three persons were sentenced in Romania for a range of offences,

which included trafficking of persons to Ireland for the purposes of

labor exploitation, largely on the basis of evidence gathered by the

Irish police. One was sentenced to seven years imprisonment and his

two co-accused were each sentenced to five years imprisonment. As a

result of a joint operation between the police forces in Ireland and

the UK, three persons have pleaded guilty to offences of

prostitution and money laundering, but not to human trafficking. In

February, Cardiff Crown Court senenced one individual to a total of

seven years imprisonment (five years for controlling prostitution



DUBLIN 00000065 012.3 OF 026





and two for money laundering),another to three years and six

months (two years and six months for prostitution and one year for

money laundering),and a third to two years.



-- 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 U.S./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.



There is currently one European Arrest Warrant Requests which

relates to a Polish national who is currently in custody pending his

extradition to Poland. Further, in March 2009, a male was

extradited to Germany and in July 2009, a Moldovan male was

extradited to 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

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. However, following

a November raid, a female alleged that she was a victim of human

trafficking for the purpose of sexual exploitation and she nominated

a number of persons as having an active role in the commission of

this offence. One of the persons nominated was a serving member of

the Garda Sochna, currently on long term suspension from duty for

other matters. This individual has been arrested on suspicion of

offences under the Criminal Law (Human Trafficking) Act 2008. The

case is currently under investigation.



DUBLIN 00000065 013.3 OF 026







-- K. 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.



-- L. If the country has an identified problem of child sex tourists

coming to the country, what are the countries of origin for sex

tourists? How many foreign pedophiles did the government prosecute

or deport/extradite to their country of origin? If your host

country's nationals are perpetrators of child sex tourism, do the

country's child sexual abuse laws have extraterritorial coverage

(similar to the U.S. PROTECT Act) to allow the prosecution of

suspected sex tourists for crimes committed abroad? If so, how many

of the country's nationals were prosecuted and/or convicted during

the reporting period 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

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





DUBLIN 00000065 014.3 OF 026





(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 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

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 340,000) 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 84,320) in 2009 from

the Commission for the Support of Victims of Crime for the purposes

of accompanying women who appear before a court. It received a

further euro 144,000 (USD 197,280) from the Health Service



DUBLIN 00000065 015.3 OF 026





Executive.



Victims of Human Trafficking would generally receive the following

additional financial supports:



-Those granted temporary residency all receive jobseekers allowance

at a personal rate of euro 196 and an additional euro 29 for each

additional child.



-Those granted temporary residency also receive rent allowance at a

minimum rate of euro 390 per month for a single person and up to

euro 930 per month for a mother and child. Deposits for securing

accommodation have also been paid for these individuals that equate

to a month's rent.



-Most of the victims granted temporary residency who are on low

incomes are entitled to the General Medical Scheme which entitles

them to free visits to a General Practitioner (i.e. euro 55 per

visit) and free medicines on prescription.



-Those who are repatriated receive travel warrants equating to the

full cost of the airline travel.



-- 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.



Ruhama has been allocated euro 250,000 (USD 340,000) 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 84,320) in 2009 from

the Commission for the Support of Victims of Crime for the purposes

of accompanying women who appear before a court. It received a

further euro 144,000 (USD 197,280) from the Health Service

Executive.



Victims of Human Trafficking would generally receive the following

additional financial supports:





DUBLIN 00000065 016.3 OF 026





-Those granted temporary residency all receive jobseekers allowance

at a personal rate of euro 196 and an additional euro 29 for each

additional child.



-Those granted temporary residency also receive rent allowance at a

minimum rate of euro 390 per month for a single person and up to

euro 930 per month for a mother and child. Deposits for securing

accommodation have also been paid for these individuals that equate

to a month's rent.



-Most of the victims granted temporary residency who are on low

incomes are entitled to the General Medical Scheme which entitles

them to free visits to a General Practitioner (i.e. euro 55 per

visit) and free medicines on prescription.



-Those who are repatriated receive travel warrants equating to the

full cost of the airline travel.



-- 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

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 rcognized 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.



DUBLIN 00000065 017.3 OF 026







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. The 2009 National Action Plan provides a detailed procedure

for all victims assistance processes.



-- 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 2009, NGOs encountered 30 new victims of trafficking. All

received accommodation and additional services provided by the

State. Ten individuals were granted a 60-day recovery and

reflection period. A further person - an EU national - chose to

co-operate with the authorities from the outset and was granted a

certificate of registration. Six month temporary residence permits

were given to ten persons of whom four are in their second period of

six months temporary residency.



-- 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 child 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



DUBLIN 00000065 018.3 OF 026





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. NGOs confirm that in 2009 no victims of trafficking

were imprisoned at any point. 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 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.



Several victims in Ireland actively assisted police and prosecutors

with the Wales case and a number of others continue to assist with

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



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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. In 2009, 350 members

of the Garda have participated in training and all Probationer Garda

officers have received awareness training as part of their final

phase of training.



Awareness Raising Training has been provided, since July 2008, 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.



Staff of public service organizations participated in a 'Train the

Trainer' course to enable training on human trafficking to be rolled

out to relevant staff in these organizations.



-- 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 abroad.



-- 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



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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

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 undertook the following prevention activities in 2009:



-Published the National Action Plan to Prevent and Combat

Trafficking of Human Beings in Ireland 2009-2012 in June 2009. The

Plan sets out the structures as well as measures already undertaken

and to be undertaken to bring Ireland in line with its international

obligations.



-Development, design and delivery of a 'Train the Trainer' course

for staff of Government and Public Sector organizations to enable

training on human trafficking to be rolled out to all staff in these



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organizations. Courses took place in November and December, 2009.

A total of 23 people were trained from 9 different organizations -

Department of Agriculture, RIA, Prison Service, Department of

Enterprise, Trade & Employment, Legal Aid Board, FAS, Department of

Social & Family Affairs, NERA and the HSE. A third course will take

place in 2010. Presentations were made by the Anti-Human

Trafficking Unit, the Garda National Immigration Bureau and the

Health Service Executive.



-Advertisement in national newspapers to increase awareness of the

3rd EU Anti-Trafficking Day in October, 2009.



-Specialized training course in September, 2009 for staff of the

Legal Aid Board who are providing legal aid and advice to potential

and suspected victims of trafficking in human beings.



-Executive Director of the Anti-Human Trafficking Unit addressed a

Seminar on Strategies for Tackling Forced Labour on 1 October 2009

organized by the Migrants Rights Council of Ireland (MRCI) and the

International Labour Organisation.



-Training courses entitled 'Tackling Trafficking in Human Beings:

Prevention, Protection and Prosecution' delivered to 100 members of

the Garda Sochna in November and December 2009.





-250 probationer members of the Garda Sochna received awareness

raising/victim identification training on human trafficking.



-Publication of an Article on Human Trafficking in the Judicial

Studies Journal in October, 2009. The target audience for this

publication is the judiciary.



-Publication of an Article on Human Trafficking in a number of

editions of a Romanian newsletter entitled 'Informatia' - the

article was published in both Romanian and English.



-A meeting was held with representatives from the Irish College of

General Practitioners in December 2009 with a view to creating

awareness of human trafficking in this sector.



-Blue blindfold images used by the United Nations Interregional

Crime and Justice Research Institute (UNICRI) in an on-line gallery

exhibition entitled 'Art to Fight Crime'.



-Blue blindfold images were used by 'Doras Luimni' a Limerick based

NGO for an awareness raising campaign on human trafficking during

the global campaign '16 days of Action against Violence against

Women' from 25 November to 10 December, 2009.



-There has been a total of 4,846 visits (as at 27 January 2010) to

the blue blindfold website since its establishment in October,

2008.



-An AHTU page on the social networking site 'Facebook' has been

established with an increasing number of persons joining the group.



-Attendance at a conference on Human Trafficking entitled 'Human

Trafficking: Psychologically shattered and caught in a legal

quagmire' organized by a non-government organization.



-On-going design and development of a module on human trafficking as

part of the Civil, Social and Political Education program for the

junior cycle in post primary schools throughout the country.



-An editorial on the issue of Human Trafficking and Poster

advertisement was placed in the magazine of Emergency Services

Ireland. This is a bi-monthly publication which issues to Local

Authorities and Emergency Services in both the Republic and Northern

Ireland.



-A full page advertisement was placed in the 2010 Official Yearbook

of the Irish Road Haulage Association. The yearbook is sent to all

members of the association, to key management persons in the top

1,000 transport companies in Ireland and the UK, to the management

of the Road Haulage Associations across Europe, to the top 2,000

European Transport Companies Source (Kompass),to truck distributors

and manufacturers in Europe, to freight forwarders and fleet



DUBLIN 00000065 022.3 OF 026





managers and to Insurance and Legal consultants associated with the

Transport Industry.



-A full page advertisement was placed in the Irish Taxi Drivers

Federation Yearbook 2010. This will ensure Taxi Drivers nationwide

are aware of the Human Trafficking problem and can immediately

contact the appropriate authorities should they become suspicious of

any activity they witness. Taxi News Yearbook is distributed to all

22,000 taxi drivers throughout Ireland and to 12,500 in the greater

Dublin area.



-A notice on human trafficking has been made available to Marine

Services Personnel (covering areas from merchant to fishing and

leisure, ports, harbors, offshore energy, marine engineering

companies, etc). The notice issued electronically via email and was

posted on the Department of Transport's website.



-- B. Does the government monitor immigration and emigration

patterns for evidence of trafficking?



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



DUBLIN 00000065 023.3 OF 026





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 was released on June 10, 2009. The NAP has a strong

focus on preventing trafficking in human beings becoming a major

issue in Ireland. The NAP is includes four main headings:



-- Prevention and Awareness Raising,

-- Prosecution of Traffickers,

-- Protection of Victims, and

-- Child Trafficking.



The Plan sets 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 was 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



DUBLIN 00000065 024.3 OF 026





-- 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

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)



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, 2008 and has since been aired regularly on the

national television station, RTE, and the sports television station,

Setanta.



-A full page advertisement was placed in the 2010 Official Yearbook

of the Irish Road Haulage Association. The yearbook is sent to all

members of the association, to key management persons in the top

1,000 transport companies in Ireland and the UK, to the management

of the Road Haulage Associations across Europe, to the top 2,000

European Transport Companies Source (Kompass),to truck distributors

and manufacturers in Europe, to freight forwarders and fleet

managers and to Insurance and Legal consultants associated with the

Transport Industry.



-A full page advertisement was placed in the Irish Taxi Drivers

Federation Yearbook 2010. This will ensure Taxi Drivers nationwide

are aware of the Human Trafficking problem and can immediately

contact the appropriate authorities should they become suspicious of

any activity they witness. Taxi News Yearbook is distributed to all

22,000 taxi drivers throughout Ireland and to 12,500 in the greater

Dublin area.



-A notice on human trafficking has been made available to Marine

Services Personnel (covering areas from merchant to fishing and

leisure, ports, harbors, offshore energy, marine engineering

companies, etc). The notice issued electronically via e-mail and

was posted on the Department of Transport's website.



-- 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.



DUBLIN 00000065 025.3 OF 026







Blue blindfold literature has been distributed to travel agents in

the hope of raising awareness amongst travelers.



--G. What measures has the government adopted to ensure that its

nationals who are deployed abroad as part of a peacekeeping or other

similar mission do not engage in or facilitate severe forms of

trafficking or exploit victims of such trafficking?



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.





PARTNERSHIPS



-- A. Does the government engage with other governments, civil

society, and/or multilateral organizations to focus attention and

devote resources to addressing human trafficking? If so, please

provide details.



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.



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.



-- 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.



-- Participation by representatives of the Garda in the Interpol

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).





DUBLIN 00000065 026.3 OF 026





-- International Investigations with other States on an ongoing

basis.



-- Frontex sharing of information and regular attendance at

meetings.



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

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



-- Council of Europe.



-- UN and UNGIFT.



The government reported that it cooperated with other countries on

international anti-trafficking investigations. In December 2009,

three persons were sentenced in Romania for a range of offences,

which included trafficking of persons to Ireland for the purposes of

labor exploitation, largely on the basis of evidence gathered by the

Irish police. One was sentenced to seven years imprisonment and his

two co-accused were each sentenced to five years imprisonment. As a

result of a joint operation between the police forces in Ireland and

the UK, three persons have pleaded guilty to offences of

prostitution and money laundering, but not to human trafficking. In

February, Cardiff Crown Court sentenced one individual to a total of

seven years imprisonment (five years for controlling prostitution

and two for money laundering),another to three years and six

months (two years and six months for prostitution and one year for

money laundering),and a third to two years.



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.



-- B. What sort of international assistance does the government

provide to other countries to address TIP?



The government reported that it cooperated with other countries on

international anti-trafficking investigations. In December 2009,

three persons were sentenced in Romania for a range of offences,

which included trafficking of persons to Ireland for the purposes of

labor exploitation, largely on the basis of evidence gathered by the

Irish police. One was sentenced to seven years imprisonment and his

two co-accused were each sentenced to five years imprisonment. As a

result of a joint operation between the police forces in Ireland and

the UK, three persons have pleaded guilty to offences of

prostitution and money laundering, but not to human trafficking. In

February, Cardiff Crown Court sentenced one individual to a total of

seven years imprisonment (five years for controlling prostitution

and two for money laundering),another to three years and six

months (two years and six months for prostitution and one year for

money laundering),and a third to two years.



3. (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.



ROONEY