Bill aims to outlaw sex with trafficking victims

Using the sexual services of a victim of human trafficking is to be criminalised.

Minister for Justice Brian Lenihan yesterday accepted a Fine Gael amendment to the Criminal Law (Human Trafficking) Bill, providing for the offence.

Simon Coveney (FG, Cork South Central) said it represented a significant step forward in combating human trafficking and prostitution generally.

"By criminalising those who pay for sexual services, in cases involving victims of human trafficking, we are for the first time targeting the demand side of this problem.

"Currently, in Ireland, it is not a crime to pay a prostitute for sex. I believe that if we are to make any impact on combating prostitution and human trafficking within the sex industry, we must target the demand for such services."

Labour justice spokesman Pat Rabbitte said that an estimated 800,000 people internationally were the victims of human trafficking every year.

"Against that scale and background, it would be very naive to think that Ireland somehow escaped the attention of those involved in this lucrative international criminal enterprise."

Mr Rabbitte said that most people who had taken time to inform themselves welcomed the Bill as going a significant way towards tackling the trafficking issue. However, the same informed people also agree that the big defect in the Bill was an absence of the protection of victims' rights.

He said that while Mr Lenihan had clearly made trafficking an offence, the Bill remained purely a criminal law response and did not purport to go beyond that.

"We know that he speaks in an environment where we have not ratified the international instruments because of defects in the law as it stands. This Bill will advance us towards compliance, but it is not in itself sufficient. The major defect, identified by people who are concerned and knowledgeable in this area, is in the protection of victims.

"Unfortunately, the Minister has taken the position that that is not for this Bill and that he will address it to some extent in the immigration and residence Bill."

Denis Naughten (FG, Roscommon-South Leitrim) suggested introducing a temporary residency permit, for a period of six months, for victims of trafficking, subject to renewal by the Minister.

Mr Lenihan said that the Government had a comprehensive strategy to ensure Ireland would be in a position to ratify the Council of Europe convention on action against trafficking in human beings.

The Minister noted that Mr Rabbitte had found it incomprehensible that an element of protection was not written into the legislation.

"However, that is a fundamental legal consideration to which I must have regard in the drafting of legislation. It is clear great care must be taken when providing for residency rights of alleged victims of trafficking and the services provided to them while availing of those rights."