US embassy cable - 05DUBLIN276

UNCLAS SECTION 01 OF 12 DUBLIN 000276 
 
SIPDIS 
 
SENSITIVE 
 
STATE FOR EUR/NB, G/TIP, G, INL, DRL, PRM, IWI, EUR/PGI 
STATE PLEASE PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: KCRM, PHUM, KWMN, ELAB, SMIG, ASEC, KFRD, PREF 
SUBJECT: IRELAND - 2005 ANNUAL ANTI-TRAFFICKING IN PERSONS 
(TIP) REPORT 
 
REF: 04 STATE 273089 
 
1.  (SBU) Summary:  Once a poor nation characterized by large 
scale emigration, Ireland is now economically prosperous and 
an attractive destination for thousands of asylum and 
job-seekers.  The unprecedented flow of people into Ireland 
has prompted the Government to address issues relating to 
border control, residency rights, labor standards, and social 
inclusion.  As part of these efforts, the Government has made 
good faith efforts to investigate trafficking-in-persons 
cases and to improve its understanding of the problem through 
training and participation in international conferences. 
Current statistics and evidence, however, do not indicate 
that trafficking is a present danger.  The most reliable NGOs 
in Ireland believe that there were 14 cases or fewer of 
trafficking in the last year. 
 
2.  (SBU) Post has engaged the Irish Government at the 
highest level to stress Ireland's role in fighting European 
and global trafficking.  We also have urged the Government to 
develop a national action plan, to promote awareness through 
media campaigns, and to form an interagency task force to 
conduct investigations.  The Ambassador, DCM, POL/ECON chief, 
and Embassy political, economic, and consular officers 
discussed trafficking with the Departments of Foreign Affairs 
and Justice, Health Boards, the Immigration Bureau, and local 
police as well as numerous NGOs.  Based on these many 
in-depth discussions, we have concluded that there is 
insufficient evidence to warrant the inclusion of Ireland in 
the 2005 TIPS report.  Post will continue to urge the GOI and 
NGOs to improve cooperation to identify, assess, and 
prosecute cases of trafficking.  End Summary. 
 
3.  (SBU) The following items are keyed off reftel. 
 
I. Overview of a country's activities to eliminate 
trafficking in persons: 
 
--A. Is the country a country of origin, transit or 
destination for international trafficked men, women, or 
children?  Specify numbers for each group.  Does the 
trafficking occur within the country's borders?  Does it 
occur in territory outside of the government's control (e.g. 
in a civil war situation)?  Are any estimates or reliable 
numbers available as to the extent or magnitude of the 
problem?  Please include any numbers of victims.  What is 
(are) the source(s) of available information on trafficking 
in persons?  How reliable are the numbers and these sources? 
Are certain groups of persons more at risk of being 
trafficked (e.g. women and children, boys versus girls, 
certain ethnic groups, refugees, etc.)? 
 
In September 2004, the national police (Garda) and the Police 
Service of Northern Ireland (PSNI) issued a joint report on 
organized crime throughout the island (the Republic of 
Ireland and the UK area of Northern Ireland), including 
results of their investigation into trafficking.  The police 
services concluded that there is no indication of a present 
danger of human trafficking, but there are clear indications 
of smuggling, most typically from Northern Ireland to the 
Republic of Ireland, and violations of labor and immigration 
law.  Over the past year, the Garda National Immigration 
Bureau (GNIB) and local Detective Units investigated several 
suspected instances of trafficking.  In December 2004, Dublin 
courts ruled for conviction in one of the first trafficking 
case in the country.  In January 2005, the GNIB charged 
another defendant with trafficking, and the national police 
report that investigations into other charges of trafficking 
are ongoing.  Last year also saw the launch of Operation 
Quest, a major operation in which police raided lap-dance 
clubs across the country.  Operation Quest was launched 
explicitly because of allegations of trafficking in the 
industry, but police found no evidence of trafficking.  The 
women were interviewed under protected conditions and with 
interpreters.  All claimed to be working in such clubs by 
choice.  Many remained in contact with police subsequently, 
but none alleged trafficking. 
 
The government's conclusion that trafficking is not currently 
a major problem in Ireland is echoed by the most reliable 
NGOs, who say that there were 14 cases of trafficking or 
fewer in the last year.  These NGOs say that most situations 
they see involve violations of labor and immigration law, but 
not trafficking.  A few NGO's cite a larger number of cases 
but cannot substantiate their claims.  Under Irish law, 
"trafficking" encompasses both smuggling and trafficking; the 
NGOs citing large numbers of cases may be using this broad 
definition.  Despite repeated meetings with embassy officers, 
those alleging a higher number of cases were not able to 
substantiate their claims. 
 
In the view of government and NGOs, rapid economic growth has 
made Ireland a magnet for immigration, both legal and 
illegal.  There is common agreement that a close eye needs to 
be kept on certain sectors to ensure they remain free of 
trafficking.  Areas of concern include the sex industry, 
agriculture, and domestic help.  In March 2005, the 
government announced plans to consolidate all visa, work 
permit and immigration matters in one agency. 
 
--B. Where are the persons trafficked from?  Where are the 
persons trafficked to? 
 
Police confirm that the women they talked to during Operation 
Quest tended to be on a European circuit.  They usually stay 
in one location for six to nine months before circulating to 
another European country.  They indicated that they traveled 
voluntarily.  According to NGOs and police, the vast majority 
of smuggling into Ireland involves people from Eastern 
Europe.  To a lesser extent, people travel from Africa, South 
America and Asia.  The majority enter Ireland from Northern 
Ireland, according to NGO and government sources.  Ireland is 
one of the only EU countries not to restrict workers from the 
10 new EU members, and low-end service industries have become 
dependent on immigrant workers.  NGOs believe this makes 
Ireland a magnet for people from these countries.  However, 
they also say the government is trying to encourage employers 
to hire legal workers from the 10 new Member States in an 
effort to cut down on illegal immigration. 
 
--C. Have there been any changes in the direction or extent 
of trafficking? 
 
The direction and extent of alleged trafficking remain 
constant.  Most concerns about trafficking revolve around the 
sex industry.  The government and NGOs believe smuggling is 
occurring in the agricultural and domestic services 
industries, and that these industries might become vulnerable 
to trafficking. 
 
--D. Are any efforts or surveys planned or underway to 
document the extent and nature of trafficking in the country? 
 Is any additional information available from such reports or 
surveys that was not available last year? 
 
In September 2004, the Garda and Police Service of Northern 
Ireland published a joint study into organized crime on the 
island, including trafficking.  The two police services 
concluded that was no evidence of trafficking, but there are 
indications of smuggling. 
 
The International Organization for Migration (IOM) conducted 
research on possible child trafficking in Ireland that was 
published in 2004, based on research from 2003.  The study, 
Trafficking in Unaccompanied Minors in Ireland, was the first 
of its kind and was co-funded by the Irish Department of 
Justice, Equality and Law and coordinated by IOM Dublin and 
Paris.  The study's objectives were to examine the legal 
framework in Ireland for addressing the prosecution of 
perpetrators of trafficking in minors, to describe the 
institutions and services for the protection of unaccompanied 
minors, and to identify policy responses being implemented to 
combat trafficking in children and protect victims.  The 
report found that Ireland has a "relatively modern and 
comprehensive legal framework in place to prosecute suspected 
trafficking in children...  While there was evidence of 
extensive resources applied to trafficking investigations, 
this has not manifested itself in successful prosecutions." 
The study found that approximately 10% of unaccompanied 
minors coming into Ireland are the subject of investigation 
in relation to criminal trafficking or smuggling by adults. 
As for the sex industry, the report noted that, "Compared 
with other European capital cities, the sex industry in 
Ireland is relatively new and small.  There is no tradition 
of tolerance zones."  It also noted that Ireland's economic 
growth and influx of immigrants makes it "fertile for the 
development of contemporary trafficking in human beings for 
both labour and sexual exploitation." 
 
In 2004, the Migrant Rights Centre Ireland published a report 
highlighting the vulnerability of non-national women employed 
in private homes in Ireland.  The report called on the 
government to establish a section within the Labour 
Inspectorate to investigate and monitor conditions among 
domestic workers. 
 
--E. If the country is a destination point for trafficked 
victims:  What kind of conditions are the victims trafficked 
into?  Are they forced to work in sweatshops, agriculture, 
restaurants, construction sites, prostitution, nude dancing, 
domestic servitude, begging, or other forms of labor, 
exploitation, or services?  What methods are used to ensure 
their compliance?  Are the victims subject to violence, 
threats, withholding of their documents, debt bondage, etc.? 
 
NGOs reported women usually work in the sex industry either 
as prostitutes or lap dancers, and often live in brothels or 
apartments controlled by traffickers.  The country is not a 
destination point for trafficked victims on any major scale. 
As cited earlier, the women interviewed in Operation Quest 
denied that they had been coerced to work in the lap-dance 
clubs that employed them.  In the course of their regular 
work, police and immigration officials refer women in need to 
social services and NGOs. 
 
NGOs report that women are often approached by people they 
know (boyfriend, relative, etc.) and brought into the country 
on fraudulent grounds.  NGOs, Health Board members and other 
GOI officials suspect abuse of the asylum policy, such that 
an individual will claim asylum and receive social welfare 
benefits only to disappear during proceedings. 
 
The Government and NGOs report that English language schools 
are sometimes used as fronts for bringing in persons for 
illegal labor.  NGOs say that ministries worked closely with 
them to develop new regulations.  In April 2005, the GOI 
plans to implement a new regulation requiring that foreign 
students must be enrolled in a Department of Education 
recognized course for one year in order to be qualified to 
work.  Currently, students may work up to twenty hours a week 
from the time they arrive.  This new law, which is still 
undergoing Government review, is a response to investigations 
revealing large numbers of students enrolled, but not 
attending English language classes. 
 
In 2004, 52 children disappeared from the care of the East 
Coast Area Health Board.  Based on their investigations, 
Irish police and DoJ officials believe that these represent 
cases of smuggling with the purpose of reunifying recently 
arrived families and for employment opportunities, not 
trafficking.   The Garda National Immigration Bureau 
investigation unit, which judges that the majority of these 
cases involve persons 16-25 years old who claim to be 
substantially younger, has set children as its top priority. 
NGOs share the governments concern about the vulnerability of 
these children. 
 
--F. If the country is a country of origin:  Which 
populations are targeted by the traffickers?  Who are the 
traffickers?  What methods are used to approach victims? (Are 
they offered lucrative jobs, sold by their families, 
approached by friends of friends, etc.?)  What methods are 
used to move the victims (e.g., are false documents being 
used)? 
 
There is no evidence that Ireland is a country of origin for 
trafficking. 
 
--G. Is there political will at the highest levels of 
government to combat trafficking in persons?  Is the 
government making a good faith effort to seriously address 
trafficking?  Is there a willingness to take action against 
government officials linked to TIP?  In broad terms, what 
resources is the host government devoting to combating 
trafficking in persons (in terms of prevention, protection, 
prosecution)? 
 
The Prime Minister and Justice Minister have spoken publicly 
and privately about the need to deter trafficking.  In 
December 2004, the Minister of State for Development referred 
to trafficking as "a particularly despicable violation of 
human rights."  He pledged that Ireland would develop a 
National Report on trafficking for the Organization for 
Security and Cooperation in Europe (OSCE).   In December 
2004, Ireland hosted its Sixth Annual NGO Forum on Human 
Rights, which focused in part on trafficking.   At the 2004 
UN General Assembly and at the Commission for Human Rights, 
Ireland co-sponsored  resolutions on trafficking in women and 
girls. 
 
Significantly, Ireland used its EU presidency in the first 
half of 2004 to focus more attention on women, including 
trafficking.  Ireland hosted a Conference on Violence Against 
Women (May 2004), which focused on trafficking and other 
forms of violence.  As EU president, it also hosted a 
Conference on Gender Equality (May 2004) and one on Gender 
Mainstreaming (April 2005). 
 
As noted earlier, Operation Quest was a national police 
investigation into possible trafficking, smuggling, and 
exploitation of workers in lap dance clubs.  400 police 
officers were engaged; all had had training in advance, 
including from NGOs.  The police raided brothels across the 
country; 127 persons from 27 countries were interviewed; 
translators were present as needed.  Police expected to find 
some instances of trafficking and had in place safe houses to 
which to transfer the women immediately and social services 
and NGOs on alert.  No evidence of trafficking was found. 
Many of the women maintained contact with the police after 
the raid; none ever alleged trafficking or sought police 
protection or help returning home. 
 
NGOs interviewed by post report that the GOI is making good 
faith efforts to deter trafficking, although they would like 
to see the government do more to raise public awareness, 
strengthen anti-trafficking legislation, and provide for 
victim support. 
 
--H. Do governmental authorities or individual members of 
government forces facilitate or condone trafficking, or are 
they otherwise complicit in such activities?  If so, at what 
levels?  Do government authorities (such as customs, border 
guards, immigration officials, labor inspectors, local 
police, or others) receive bribes from traffickers or 
otherwise assist in their operations?  What punitive 
measures, if any, have been taken against those individuals 
complicit or involved in trafficking?  Please provide 
numbers, as applicable, of government officials involved, 
accused, investigated, prosecuted, convicted and sentenced. 
 
No government authority or individual member of government 
facilitates or condones trafficking.  Bribery of public 
officials in Ireland is quite rare.  (Ireland's Transparency 
International Rating is 7.5, the same as Belgium and the 
United States.) 
 
--I.  What are the limitations on the government's ability to 
address this problem in practice?  For example, is funding 
for police or other institutions inadequate?  Is overall 
corruption a problem?  Does the government lack the resources 
to aid victims? 
 
Immigration into Ireland, including illegal immigration, is a 
relatively new phenomenon, so the government has only 
recently put into place the necessary staff, resources, and 
procedures to deal with this increased flow.  Beyond basic 
budgetary concerns, there is no unique limitation of 
resources to address trafficking.  Irish police and border 
authorities are competent and well-run. 
 
--J. To what extent does the government systematically 
monitor its anti-trafficking efforts (on all fronts -- 
prosecution, prevention and victim protection) and 
periodically make available, publicly or privately and 
directly or through regional/international organizations, its 
assessments of these 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 representative also participates in an 
information-sharing forum of NGOs working to combat 
trafficking and to deter violence against women.  The 
government does not specifically track, and therefore does 
not publish, trafficking statistics, nor does it have a 
formal inter-agency task force. 
 
--K. Is prostitution legalized or decriminalized? 
Specifically, are the activities of the prostitute 
criminalized?  Are the activities of the brothel 
owner/operator, clients, pimps, and enforcers criminalized? 
If prostitution is legal and regulated, what is the legal 
minimum age for this activity? 
 
Prostitution itself is not illegal under Irish law, but it is 
an offense to solicit another person for the purposes of 
prostitution or to be involved in organized prostitution. 
 
II. PREVENTION: 
 
--A. Does the government acknowledge that trafficking is a 
problem in that country?  If so, why not? 
 
The Irish Government acknowledges that there is anecdotal 
information about Ireland as a possible destination and 
transit country for trafficking.  It has not found evidence 
that the problem presently exists in any measurable scale. 
It investigates allegations of trafficking. 
 
--B. Which government agencies are involved in 
anti-trafficking efforts? 
 
Agencies of the Irish National Police (Garda) are primarily 
responsible for operational anti-trafficking efforts.  The 
Department of Justice creates trafficking legislation and 
provides support to the police.  The Garda National 
Immigration Bureau is responsible for all matters pertaining 
to Immigration.  Within the National Support Services, the 
National Bureau of Criminal Investigation has responsibility 
for investigations of trafficking in human beings. 
 
In conjunction with the GNIB, the Departments of Justice and 
Foreign Affairs participate in regional and international 
conferences on trafficking.  The Department of Foreign 
Affairs also is engaged through development assistance, EU, 
COE and OSCE obligations, and the co-sponsorship of 
resolutions at the UN and UNHCR. 
 
-- C. Are there or have there been government-run 
anti-trafficking public information or public education 
campaigns?  If so, briefly describe the campaign(s), 
including their objectives and effectiveness.  Do these 
campaigns target potential trafficking victims and/or the 
demand for trafficking (e.g. "clients" of prostitutes or 
beneficiaries of forced labor)? 
 
The government has not yet launched a public information 
campaign against trafficking, and Embassy officials have 
urged it to do so, citing the government's effective public 
information campaigns against drunk driving and HIV/AIDS as 
good examples.  In September 2004, the Irish Department of 
Justice and the national police launched a website, 
www.missingkids.ie, dedicated to locating missing children. 
Most of the children that are missing in Ireland are 
non-nationals and arrived in Ireland as unaccompanied minors 
seeking asylum. 
 
--D. Does the government support other programs to prevent 
trafficking? (e.g., to promote women's participation in 
economic decision-making or efforts to keep children in 
school.)  Please explain. 
 
The Irish Government co-funds IOM's "return and 
reintegration" program, which is designed to reunite families 
divided by migration. The Garda established a Garda Racial 
and Intercultural Office to train the police to effectively 
interact with the new minorities that have immigrated to 
Ireland in recent years.  Training focuses on gaining the 
trust of minority communities and encouraging community 
members to approach police and report crime. 
 
--E. Is the government able to support prevention programs? 
 
The GOI focus at this time is detecting trafficking. 
 
--F. What is the relationship between government officials, 
NGOs, other relevant organizations and other elements of 
civil society on the trafficking issue? 
 
All NGOs report excellent working relationships with Garda 
and the government, with whom they deal on a regular basis. 
Police and Immigration officials regularly refer potential 
victims of trafficking to various NGOs.  NGOs, while desiring 
more comprehensive legislation, strongly commend the 
initiative of individual law enforcement and government 
officials, and salute cooperation with the government, 
especially on the ground and at the executive level.  In 
regard to government policies and actions, NGO views varied 
from those who believed the government was doing as well as 
could be expected, to those who wanted to see more action at 
the highest levels and the formation of an interagency task 
force.  Some felt the government would not take more action 
unless trafficking became more prevalent and public concern 
grew.  All NGOs agreed the government should provide more 
victim support to trafficking victims and more support and 
supervision for unaccompanied minors. 
 
The Immigration Division of the Department of Justice, 
Equality and Law Reform works closely with the GNIB to combat 
illegal immigration.  To facilitate the tracking of potential 
victims, the GNIB shares its immigration database with local 
police precincts and a UK immigration official posted to the 
GNIB headquarters.  Cooperation and coordination with NGOs 
takes place through direct contacts between the Irish 
Government and the relevant NGOs.  Ireland en Route (IER) is 
a loose network of government agencies, NGOs, academics and 
other experts who meet three times per year to communicate on 
topics such as training for police, EU and domestic 
legislation, best practices and other trafficking issues.  It 
is not a national action plan or task force, but does 
facilitate the coordination of anti-trafficking efforts. 
 
The Department of Foreign Affairs brought together a wide 
array of NGOs and governmental officials at the "Women and 
Human Rights" Convention in December 2004. 
 
The Department of Justice, Equality and Law Reform consulted 
widely with transportation companies prior to the 
introduction of legal sanctions in the Immigration Act, 2003. 
 This Act followed the 2001 creation of a voluntary Code of 
Practice with the Irish Road Haulage Association to encourage 
greater vigilance in ensuring that covert passengers were not 
present in vehicles arriving in Ireland. 
 
--G. Does the government adequately monitor its borders? 
Does it monitor immigration and emigration patterns for 
evidence of trafficking?  Do law enforcement agencies respond 
appropriately to such evidence? 
 
Yes, the government monitors its borders and immigration and 
emigration patterns for evidence of trafficking, and law 
enforcement agencies respond appropriately to such evidence. 
Immigration officers are present at all air and seaports 
within the state.  In 2003, a new information technology 
system equipped with a passport reader and facial recognition 
technology was introduced to allow immigration officers at 
the border to link-up with a database at GNIB headquarters in 
Dublin.  Immigration officials also take fingerprints of most 
visitors entering the country who have entry visas.  Ireland 
has a land border with Northern Ireland that is difficult to 
monitor due to numerous unmanned crossing points, and police 
on both sides of the border say this is the predominant 
crossing point for illegal immigrants.  An estimated 12,000 
illegal movements take place at the border with Northern 
Ireland every year.  Immigration officers from the GNIB and 
from local districts monitor certain crossing points 
periodically. 
 
--H. Is there a mechanism for coordination and communication 
between various agencies, such as a multi-agency working 
group or a task force?  Does the government have a 
trafficking in persons task force?  Does the government have 
a public corruption task force? 
 
De facto law enforcement coordination exists as a result of 
the multiple functions of the GNIB.  The GNIB works under the 
direction of the Garda, but its immigration function is 
carried out on behalf of the Minister of Justice.  This 
ensures constant contact between immigration policy makers, 
immigration police, and regular police.   At the policy 
level, officials from different agencies coordinate their 
actions on an as-needed basis. 
 
--I. Does the government coordinate with or participate in 
multinational or international working groups or efforts to 
prevent, monitor, or control trafficking? 
 
The government works closely with the UK, France, Spain and 
the Netherlands.  It is engaged multilaterally through the 
EU, EUROPOL, the OSCE, the UN, and the Council of Europe. 
--J. Does the government have a national plan of action to 
address trafficking in persons?  If so, which agencies were 
involved in developing it?  Were NGOs consulted in the 
process?  What steps has the government taken to disseminate 
the action plan? 
 
The government does not currently have a plan exclusively to 
address trafficking, but immigration officials keep current 
on suspected trafficking patterns and investigate regularly. 
In December, the Minister of State for Development publicly 
pledged to submit a national plan of action to the OSCE. 
 
--K. Is there some entity or person responsible for 
developing anti-trafficking programs within the government? 
The Department of Justice and the Garda National Immigration 
Bureau develop anti-trafficking programs within the 
government.  The DFA coordinates international cooperation 
and development assistance. 
 
III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: 
 
--A. Does the country have a law specifically prohibiting 
trafficking in persons--both trafficking for sexual 
exploitation and trafficking for non-sexual purposes (e.g. 
forced labor)? If so, what is the law?  Does the law(s) cover 
both internal and external (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 coercion or 
fraud?  Are these other laws being used in trafficking cases? 
 Are these laws, taken together, adequate to cover the full 
scope of trafficking in persons? 
 
There are presently four Laws that deal with trafficking in 
persons - The Immigration Act 2003, The Illegal Immigrants 
(Trafficking) Act, 2000, The Child Trafficking and 
Pornography Act, 1998, and The Proceeds of Crime Act, 1996. 
Under current Irish law, "trafficking" encompasses both 
smuggling and trafficking. 
 
The Immigration Act requires carriers operating aircraft, 
ferries, or other vehicles bringing persons to Ireland from 
any area except the Common Travel area between Ireland and 
the UK, to ensure that those passengers are in possession of 
the necessary immigration documentation. The Act provides for 
a fine for passengers traveling with inadequate documentation. 
 
In addition, the Act requires Government Departments, local 
authorities, health boards, the police, and the Refugee 
Applications determination bodies to share information on 
non-nationals, including applicants for refugee status, in 
order to ensure compliance with laws relating to their entry, 
residence, and removal from the State. 
 
The Illegal Immigrants (Trafficking) Act, 2000 made it an 
offense for a person to organize or knowingly facilitate the 
entry into the State of a person whom he knows to be, or has 
reasonable cause to believe to be, an illegal immigrant or 
person who intends to seek asylum. While this law more 
correctly describes smuggling, a trafficker would also be 
subject to this law.  Section 2 of this Act would apply most 
readily to traffickers, as it specifically prohibits bringing 
in illegal immigrants for the financial gain of those 
facilitating the entry.  The penalty on conviction of 
indictment for this offense is an unlimited fine, or up to 10 
years imprisonment, or both.  The penalty for a guilty plea, 
however, is a maximum of 12 months incarceration and a fine 
not to exceed euro 1,500. 
 
The Child Trafficking and Pornography Act makes it an 
offense, inter alia, to organize or knowingly facilitate the 
entry into, transit through, or exit from the State of a 
child for the purpose of sexual exploitation, or to provide 
accommodation to such a child while in the State.  The 
maximum penalty is life imprisonment. 
 
The Proceeds of Crime Act allows for the confiscation of 
assets of those involved in criminal activity, including 
trafficking in people.  In addition, the assessment of tax 
liability on the illegal earnings may be pursued. 
 
--B.  What are the penalties for traffickers of people for 
sexual exploitation?  For traffickers of people for labor 
exploitation? 
 
The one crime of trafficking covers both offenses.  If the 
circuit court deals with a case, then the penalty can include 
up to a euro 1500 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. 
 
--C. What are the penalties for rape or forcible sexual 
assault?  How do they compare to the penalty for sex 
trafficking? 
 
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.  This is similar to the penalty for 
Child Trafficking as provided for in the Child Trafficking 
and Pornography Act 1998. 
 
--D. Has the Government prosecuted any cases against 
traffickers?  If so, provide numbers of investigations, 
prosecutions, convictions, and sentences, including details 
on plea bargains and fines, if relevant and available.  Are 
the traffickers serving the time sentenced:  If no, why not? 
Please indicate whether the government can provide this 
information, and if not, why not? (Note:  complete answers to 
this section are essential.  End Note) 
 
In December 2004, Dublin courts sentenced a Portuguese man to 
prison for nine months and fined him euro 1,000 for 
attempting to traffic two Brazilian women.  He was the first 
person to be convicted of trafficking in Ireland.  In January 
2005, the GNIB charged a Nigerian-born man under trafficking 
laws for attempting to bring 14 non-nationals into the 
country.  The national police report that investigations into 
other charges of trafficking are ongoing. 
 
--E. Is there any information or reports of who is behind the 
trafficking?  For example, are the traffickers freelance 
operators, small crime groups, and/or large international 
organized crime syndicates?  Are employment, travel and 
tourism agencies or marriage brokers fronting for traffickers 
or crime groups to traffic individuals?  Are government 
officials involved?  Are there any reports on where profits 
from trafficking in persons are being channeled?  (e.g. armed 
groups, terrorist organizations, judges, banks, etc.) 
 
The limited trafficking that may occur is believed to involve 
criminals with international links.  Some anecdotal reports 
indicate that agents may be hired by lap dancing clubs to 
find young women from European sex industry circuits.  NGOs 
report that, though highly organized, there is no centralized 
trafficking.  There are no allegations of involvement by 
government officials. 
 
--F. Does the government actively investigate cases of 
trafficking?  (Again, the focus should be on trafficking 
cases versus migrant smuggling cases.)  Does the government 
use active investigative techniques in trafficking in persons 
investigations?  To the extent possible under domestic law, 
are techniques such as electronic surveillance, undercover 
operations, and mitigated punishment or immunity for 
cooperating suspects used by the government?  Does the 
criminal procedure code or other laws prohibit the police 
from engaging in covert operations? 
 
The GOI does actively investigate alleged cases of 
trafficking.  When there is suspicion of trafficking, the 
Government responds appropriately.  Operation Quest was a 
case in point, in which police thoroughly questioned those 
involved in raids to determine if they were trafficking 
victims, and maintained contact in subsequent months. 
Operation Quest resulted in the closings of several lap-dance 
clubs.  Even though the underlying motive for the 
investigations was suspicion of trafficking, no victims 
claimed to be trafficked, and police prosecuted only for work 
permit violations and prostitution violations.   In another 
instance, Irish authorities investigated illegal immigrants 
brought from Mauritius.  The facts revealed that the 
Mauritians were smuggled, not trafficked, and arrived hoping 
for better jobs and social benefits. 
 
--G. Does the government provide any specialized training for 
government officials in how to recognize, investigate, and 
prosecute instances of trafficking? 
The government provides training in country and sends 
officials to seminars and conferences abroad.  Some examples 
follow: 
 
--Law enforcement personnel receive specialized training in 
country, including from NGOs. 
 
--Irish law enforcement organizations take part in 
European-wide conferences on the prevention of organized 
exploitation of women and children and are part of the 
Interpol Working Group on Trafficking in Human Beings. This 
group developed a manual of best practices for investigators 
that provides practical guidelines for investigators and a 
structured way to locate advice on a specific issue. 
--In September, the Irish Department of Foreign Affairs sent 
officials to attend the OSCE conference on "Ensuring Human 
Rights Protection in Countries of Destination: Breaking the 
Cycle of Trafficking." 
 
--In October 2004, GOI officials attended the Curriculum 
Development on Combating Trafficking in Human Beings at the 
Geneva Center for Security Policy. 
 
--In June, Ireland, as a member of the Euro-Atlantic 
Partnership Council (EAPC) endorsed the NATO Policy on 
Combating Trafficking in Human Beings.  In September, the 
Department of Foreign Affairs sent individuals to a follow-up 
conference on implementing the NATO policy. 
 
--H. Does the government cooperate with other governments in 
the investigation and prosecution of trafficking cases?  If 
possible, can post provide the number of cooperative 
international investigations on trafficking? 
 
The GOI does cooperate with other governments in the 
investigation of prosecution of trafficking victims.  Irish 
officials are posted at French ports that provide ferry 
service to Ireland to liaise with French counterparts and 
deter trafficking. The GNIB has established operational 
cooperation with immigration and police authorities in both 
the United Kingdom and France, major transit points for 
illegal immigration into Ireland, with a particular focus on 
trafficking and smuggling activity.  Garda liaison officers 
are also assigned to Russia and China to interact with local 
law enforcement authorities on immigration and trafficking 
matters.  Additionally, the GNIB liaises with carrier 
companies whose routes may be vulnerable to traffickers. 
 
--I. Does the government extradite persons who are charged 
with trafficking in other countries?  If so, can post provide 
the number of traffickers extradited?  Does the government 
extradite its own nationals charged with such offenses?  If 
not, is the government prohibited by law form extraditing its 
own nationals?  If so, what is the government doing to modify 
its laws to permit the extradition of its own nationals? 
 
Yes.   The Irish Government can extradite its own nationals 
to countries that have a reciprocal agreement with Ireland. 
There have been no trafficking-related extraditions to date. 
 
--J. 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. 
 
--K. If government officials are involved in trafficking, 
what steps has the government taken to end such 
participation?  Have any government officials been prosecuted 
for involvement in trafficking or trafficking-related 
corruption?  Have any been convicted?  What actual sentence 
was imposed?  Please provide specific numbers, if available. 
 
There is no evidence of government involvement in trafficking. 
 
--L. If the country has an identified child sex tourism 
problem (as source or destination), how many foreign 
pedophiles has the government prosecuted or 
deported/extradited to their country of origin?  Does the 
country's child sexual abuse laws have extraterritorial 
coverage (like the U.S. PROTECT Act)? 
 
Ireland does not have an identified child sex tourism 
problem.  The GOI has authority to deport non-national 
pedophiles according to the strictures of its extradition 
treaty with the country of origin of the arrested individual. 
 
 
--M. Has the government signed, ratified, and/or taken steps 
to implement the following international instruments?  Please 
provide the date of signature/ratification if appropriate. 
 
--ILO Convention 182 concerning the prohibition and immediate 
action for the elimination of the worst forms of child labor. 
 
--ILO Convention 29 and 105 on forced or compulsory labor. 
 
--The Optional Protocol to the Convention on the Rights of 
the Child (CRC) on the sale of children, child prostitution, 
and child pornography. 
 
--The Protocol to Prevent, Suppress and Punish Trafficking in 
Persons, especially Women and Children, supplementing the UN 
Convention Against Transnational Organized Crime. 
 
ILO Convention 182 was ratified on December 12, 1999. 
 
ILO Convention 29 was ratified on June 11, 1958. 
 
ILO Convention 105 was ratified on March 2, 1931. 
 
The Optional Protocol to the Convention on the Rights of a 
Child was signed on September 7, 2000, and ratifying 
legislation is being prepared. 
 
The Protocol to Prevent, Suppress, and Punish Trafficking in 
Persons was signed in December 2000, and ratifying 
legislation is being prepared. 
 
IV. PROTECTION AND ASSISTANCE TO VICTIMS: 
 
--A. Does the government assist victims, for example, by 
providing temporary to permanent residency status, relief 
from deportation, shelter and access to legal, medical and 
psychological services?  If so, please explain.  Does the 
country have victim care and victim health care facilities? 
If so, can post provide the number of victims placed in these 
care facilities? 
 
The GOI provides care for separated children seeking asylum. 
The Department of Health receives referrals from Immigration 
Officials and the Office of the Refugee Applications 
Commissioner. National health boards are responsible for the 
care of children (17 and younger) and provide social, 
medical, psychological, and educational services as well as 
family reunification when possible.  In 2004, 617 
unaccompanied children requested asylum in Ireland. 
 
The national police report that suspected victims of 
trafficking/smuggling are referred to humanitarian NGOs, such 
as Ruhama or the International Organization for Migration for 
care.  NGOs in Ireland provide food, shelter, social and 
medical care, and legal assistance if desired.  NGOs 
occasionally help in cases of deportation.  Police and NGOs 
report that some women turn to NGOs for temporary assistance, 
only to disappear and return to the sex industry elsewhere on 
the European circuit. 
 
--B. Does the government provide funding or other forms of 
support to foreign or domestic NGOs for services to victims? 
Please explain. 
 
The Department of Justice, Equality and Law reform provided a 
euro 200,000 grant to Ruhama for victim support services. 
The government also provided support in terms of funds and 
personnel to Ireland En Route and co-funded IOM's Trafficking 
in Unaccompanied Minors in Ireland report.  The government 
also provided funding to organizations like the International 
Organization for Migration, SPIRASI (an NGO that deals with 
victims of torture), and the Immigrant Council of Ireland, 
that do not specifically address trafficking, but 
occasionally may work with trafficking victims. 
 
Development Cooperation Ireland (the development agency 
within the Department of Foreign Affairs) provided euro 
200,000 to the ILO-created Special Action Programme to Combat 
Forced Labour (SAP-FL), designed to help EU Member States 
tackle the forced labor outcomes of trafficking.  Funding for 
2005 and 2006 will increase to euro 400,000 per annum. 
 
Development Co-operation Ireland is currently funding ECPAT 
International, an NGO that is strengthening protection of 
children in Central America from commercial sexual 
exploitation.  Funding from 2002 - 2005 for the project will 
be approximately 100,000 Euros. 
 
--C. Is there a screening and referral process in place, when 
appropriate, to transfer victims detained, arrested or placed 
in protective custody by law enforcement authorities to NGO's 
that provide short- or long-term care? 
 
Police regularly make referrals to Ruhama and other NGOs, who 
then provide women with care and support. 
 
--D. Are the rights of victims respected, or are victims also 
treated as criminals?  Are victims detained, jailed, or 
deported?   If detained or jailed, for how long?  Are victims 
fined?  Are victims prosecuted for violations of other laws, 
such as those governing immigration or prostitution? 
 
NGOs report that women suspected of being trafficking victims 
are generally treated well, but there have been instances in 
rural areas where police, unfamiliar with the trafficking 
phenomenon, have initially detained women in prison.  Alleged 
victims have also been held in jail until the courts were 
satisfactorily able to determine their true identity. 
 
Ireland is a signatory to the EU's Framework Decision on the 
Standing of Victims in Criminal Proceedings to harmonize the 
treatment of victims of crime across the EU.  GOI 
implementing legislation requires the police to show special 
sensitivity in relations to victims of sexual offenses. 
 
--E. Does the government encourage victims to assist in the 
investigation and prosecution of trafficking?  Can victims 
file civil suits or seek legal action against the 
traffickers?  Does anyone impede the victims' access to such 
legal redress?  If a victim is a material witness in a court 
case against the former employer, is the victim permitted to 
obtain other employment or to leave the country?  Is there a 
victim restitution program? 
 
NGOs report that the police encourage women to assist in 
investigations, but do not pressure them to do so.  Victims 
may file suit, but as non-nationals and in many cases, 
non-English speakers working in illegal or questionable jobs, 
the judicial processes may be intimidating.  The case brought 
forth must be ironclad, which is rare in trafficking, or the 
victim may not be able to retain counsel.  The victim must be 
able to post bond for filing suit, and if she loses the case, 
must pay the legal costs of the winner.  If a victim is in 
violation of immigration law, she is also subject to 
immediate deportation. 
 
--F. What kind of protection is the government able to 
provide for victims and witnesses?  Does it provide these 
protections in practice?  How many shelters does the 
government run or fund (in full or in part)?  How much 
funding does the government provide for shelters? 
 
The government has a witness protection program but has not 
applied it to trafficking cases thus far.  Both the 
government and NGOs provide shelter to people in need, but 
there are no shelters specifically earmarked for victims of 
trafficking or smuggling. 
 
--G. Does the government provide any specialized training for 
government officials in recognizing trafficking and in the 
provision of assistance to trafficked victims, including the 
special needs of trafficked children?  Does the government 
provide training on protection and assistance to its 
embassies and consulates in foreign countries that are 
destination or transit countries?  Does it urge those 
embassies and consulates to develop ongoing relationships 
with NGOs that serve trafficked victims? 
 
Social workers, members of the Special Unaccompanied Minors 
Unit in the Dublin Health Board, the GNIB, national police, 
and staff of the Refugee Applications Commissioner are 
trained to spot possible trafficking victims.  The GNIB works 
closely with UK counterparts to review and track cases of 
suspected trafficking. While DFA officials participate in 
international conferences and training sessions, the 
diplomatic corps as a whole is not specifically trained 
regarding assistance or support for trafficking victims. 
 
--H. Does the government provide assistance, such as medical 
aid, shelter, or financial help, to its repatriated nationals 
who are victims of trafficking? 
 
N/A 
 
--I. Which internationals 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? 
 
There are several smaller NGOs, particularly minority or 
immigration rights NGOs, who may indirectly come into contact 
with trafficking victims.  However, the most active 
organizations are: 
 
- Ruhama - Ruhama provides support to women who have been 
trafficked for sexual exploitation.  Ruhama provides 
emergency accommodation, if possible, social and 
psychological support, referrals to health and legal 
authorities, and assistance in accessing educational and 
employment opportunities. 
 
- International Organization for Migration, Dublin - In 
relation to trafficking, IOM carries out information 
campaigns, provides counseling service, conducts research on 
trafficking, and assists victims who willingly want to return 
to his or her home country. 
 
- Ireland En Route - Ireland En Route is a Forum on 
Trafficking of Women and Children for Sexual Exploitation. 
This is a multi-agency group comprised of Health Board 
representatives, police, members of the GNIB, and NGOs.  The 
forum was set up in 2000 to raise awareness and address some 
of the issues associated with trafficking of women and 
children for sexual exploitation.  It also attempts to 
disseminate trafficking information within the group and with 
other organizations. 
 
- Doras Luimni - Doras Luimni seeks to assists refugee and 
asylum seekers in the west of Ireland.  It assists 
appropriate people in finding housing, educational 
opportunities, and completing the asylum procedures.  Doras 
Luimni also attempts to inform the local community in dealing 
with issues regarding asylum-seekers and multiculturalism. 
 
4.  (U) Point of Contact for this report is Pol/Econ Officer 
Tom Rosenberger, office phone 353-1-668-8777 ext. 2330, fax 
number 353-1-667-0056, e-mail RosenbergerTM@state.gov. 
 
5.  (U) The number of hours spent compiling this report by 
embassy employee is as follows: 
 
Name, rank and time spent: 
Ambassador James Kenny, FA-NC ) 3 hours 
DCM Jonathan Benton, FS-01 ) 5 hours 
POL/ECON Chief Mary Daly, FS-01 - 25 hours 
Economics Officer Joe Young, FS-02  - 10 hours 
POL/ECON officer Tom Rosenberger, FS-04 ) 80 hours 
POL/ECON OMS Tim Markley, FS-06 ) 2 hours 
BENTON