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DUP - Democratic Unionist Party : BILL COULD SEE NI LEAD UK IN TACKLING HUMAN TRAFFICKING....

08/21/2012| 02:29pm US/Eastern
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Lord Morrow has officially launched the consultation on his Human Trafficking & Exploitation (Further Provisions & Support for Victims) Bill. Speaking from Stormont, where the official launch took place, Lord Morrow said,  

"Human Trafficking to Northern Ireland is on the increase.  The PSNI recused a reported 75 individuals in the years 2009/10 75 from trafficking, and that figure has increased year on year. Of course the actual number of victims trafficked to Northern Ireland, is significantly higher. 

People tend to be trafficked for sex or some form of domestic servitude or forced labour. Trafficking for sexual exploitation is a particular problem. Police estimate there are around 90 brothels operating in the province, with Northern Ireland having a higher demand for prostitution than most other areas of Europe. In the last year 27 victims have been identified of whom 18 were trafficked for sexual exploitation.

This is a deeply worrying state of affairs.  The truth we must confront however is that it is a poor reflection of us as society. If there was no demand for the "services" provided by those trafficked, there would be no market.

It is important to be clear that the law is not the only relevant means of responding to and addressing these challenges. Nor is it a magic bullet - but it does have a role to play. Our legislators should work tirelessly to ensure Northern Ireland is able to boast the very best legal framework which secures the convictions of traffickers, addresses the demand for trafficked "services" and cares for the victims of trafficking. It is with this in view I have developed my Bill. 

In introducing it, I should state the Department of Justice's latest Criminal Justice Bill contains, among other aspects, two important clauses aiming to make provision for the prosecution of trafficking offences committed by those of UK citizenship outside the UK (Clause 5); and to create an internal trafficking offence where someone is trafficked from, for example, London to Belfast (Clause 6).

These are very welcome changes which will make Northern Ireland compliant with the EU Anti-Trafficking Directive. They follow the changes introduced in both England and Wales in January.

I believe however, that we must go further.

We can argue over what a state can or must do to be EU compliant. The truth is that doing everything mandated to comply with a Directive is not always the same as doing everything necessary to prevent the launch of infringement proceedings by the EU for failing to properly implement the Directive. Moreover we should certainly use the opportunity provided by the Directive to enhance our laws to the greatest possible extent. Our ambition to be at the cutting edge should not be constrained by the Directive. If we want to be a world leader in tackling this abominable trade then we must, by definition, go further.

This is not an attack on the Department of Justice. Compliance to avoid EU infringements is necessary, but I feel more must be done to bring forth the best possible laws to address this terrible blight of 21st Century trafficking.

The Minister still has the opportunity to make further changes to better achieve compliance through secondary legislation, but not all remaining initiatives mandated by the Directive can be achieved in this way - hence the particular importance of my Bill.

My Bill comes with a consultation document and a background briefing which provides commentary, highlighting how the provisions in the Bill relate to the Directive. I am encouraging people from across Northern Ireland to respond, clearly demonstrating their commitment. Northern Ireland can and should lead the way in the UK by putting the very best possible legislative framework in place to combat trafficking and care for the victims of this appalling crime. The closing date for consultation responses is Anti-Slavery Day on 18th October."

Notes to readers:

The Bill proposes a number of points including:

i.                Allowing courts to take aggravating factors into consideration when passing sentence

ii.                Extend the definition of 'other exploitation' to include forced begging

iii.               Introduction of a new offence of paying for the sexual services of a prostitute

iv.             The definition of a victim of trafficking

v.               Compensation procedures for victims

vi.             Ensure child victims have a legal advocate to support them through the relevant criminal, immigration and compensation procedures

vii.            Provide 'special measures' for trafficking victims if they act as witnesses

viii.           Set out what assistance and support as well as civil legal services are required and available to victims of trafficking

ix.             Ensure no prosecution is brought for a criminal offence committed by a trafficking victim as a direct consequence of being trafficked

x.              Require training and investigative tools to be made available for police and prosecutors.

xi.             Require the Department of Justice to produce and annual strategy on raising awareness and reducing trafficking in human beings


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