3. Ireland
3.1. Human trafficking in Ireland
There are varying estimates on how many women are trafficked annually into Ireland for the
purpose of sexual exploitation. In its 2009 report on “Globalisation, Sex Trafficking and Prostitution:
The Experience of Migrant Women in Ireland”, the Immigrant Council of Ireland states that between
January and September 2008, 102 women were trafficked into Ireland, with a possible 64 more,
averaging somewhere between 58 and 95 women trafficked annually. However, the report also
states that these figures are an underestimation of the actual number of persons trafficked.i The
“Annual Report of Trafficking in Human Beings in Ireland for 2010” identifies 56 people who were
trafficked into Ireland in 2010 for the purpose of sexual exploitation.ii Lastly, a 2011 article in the
Evening Herald states that more than 300 people are trafficked into Ireland annually.iii The average
of these statistics is 144 women trafficked for sexual exploitation into Ireland per year.1 The table
below shows the regions of origin for the 102 trafficked women identified by the Immigrant Council
of Ireland. As can be seen, nearly 71% of the women trafficked originated from Africa, with the vast
majority being from West Africa.iv
Table 2 - Regional Origins of Victims Trafficked into Ireland
For persons trafficked from West Africa, the Immigrant Council of Ireland estimates that the
cost for bringing a person into Ireland range from $500 to $2,000 for documents and between
$8,000 and $12,000 for actual travel. When the person is trafficked, they have to pay off a debt to
1
The annual average number of women trafficked for the purpose of sexual exploitation, as calculated from
the Immigrant Council of Ireland’s report is 77 women.
the traffickers, ranging between $40,000 and $100,000. However, in the cases of three women that
were trafficked from Nigeria, their debt was at the higher end of the range, being between €55,000
($78,6122) and €65,000 ($92,9053).v The costs then are between $8,500 and $14,000, averaging to
$11,250 and the gross profits average out to $70,000. For each trafficked person, the trafficker
makes a net profit of $58,750.
3.2. Drug trafficking in Ireland
The first national survey on drug usage was conducted in Ireland in 2002-2003 for persons in
the 15 to 64 age group, and was followed up with the second national survey in 2006-2007. The
survey found that overall, the percentage of respondents that reported use of illegal drugs in their
lifetime had increased from
18.5% to 24%. The percentage of respondents who had used
cocaine at any point in their lifetime also increased, from 3% in the 2002-2003 survey to 5.3% in the
2006-2007 survey.vi
Between 1999 and 2005, the percentage of crimes that were cocaine related and prosecuted
under the
amended
Misuse of
Drugs Act
has
increased
dramatically
, from 2.3%
Table 3 - Misuse of Drugs Act (as amended) Offences Relating to Cocaine Where Proceedings
Commenced by Garda Division
of the total
in 1999 to 12.8% of the total in 2005 as can be seen in Table 1.vii The largest increase in terms of
percentage was seen in the Eastern Region, followed by the Southern Region, with the South
2
3
XE.com 6/17/2011 1 EUR = 1.42930 USD
XE.com 6/17/2011 1 EUR = 1.42930 USD
Eastern, Northern, Dublin Metropolitan, and Western following up. Figure 8 shows the yearly
number of cases by region and Figure 9 shows the percentage increase between 1999 and 2005.
Percentage Increase
Figure 7 - Cocaine Related Offenses by Year and Region in Ireland Source: An Garda
Siochana Annual Reports 1999 - 2005
3000
2500
2000
1500
1000
500
0
2778
2160
1367
624
650
358
214
Percentage Increase
Region
Figure 8 - Percentage Increase of Cocaine Offenses in Ireland Between 1999 and 2005 Source: An Garda
Siochana Annual Reports 1999 - 2005
After taking a very large dip in 1996 that lasted until 2001, the retail and wholesale prices of
one gram of cocaine seem to have stabilized after 2004, with one gram of cocaine bought at retail
price costing approximately $100 and one gram of cocaine bought at wholesale price costing
approximately $434.viii In 2008, the retail price of one gram of cocaine was $103 and on average, 15%
pure. The wholesale price was $44 and 70% pure. Once the retail price is adjusted for the wholesale
purity levels, the retail price of one gram of cocaine is $481.5 Since 1990, wholesale price for a
kilogram of cocaine, adjusted for 2008 inflation, has decreased by 69% while the retail price of one
gram of cocaine has decreased by 126% in the same time period.ix Figures 9 and 10 show the retail
and wholesale prices of cocaine between 1990 and 2008.
250
Ireland Retail Price Per Gram
Price
200
150
Ireland Retail Price Per Gram
Adjusted for 2008 Inflation
100
Ireland Wholesale Price Per
Gram
50
1990
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
0
Year
Ireland Wholesale Price Per
Gram Adjusted for 2008
Inflation
Price
Figure 9 - Price Per Gram of Cocaine in Ireland in USD Source: UNODC World Drug Report 2010
80000
70000
60000
50000
40000
30000
20000
10000
0
Ireland Wholesale Price
Per Kilo
Ireland Wholesale Price
Per Kilo Adjusted for
2008 Inflation
Year
Figure 10 - Price Per Kilogram of Cocaine in Ireland in USD Source: UNODC World Drug Report 2010
Average purity of cocaine that has been
intercepted at both the street and the wholesale
4
Price adjusted for 2008 inflation, but not adjusted for purity levels.
If a gram of 15% pure cocaine is sold for $103, the equation to find the price of one gram of 70% pure
cocaine, assuming that the ratio of purity per $ is the same, is 15/103 = 70/X where X is the price of one gram
of 70% pure cocaine. Solving for X results in one gram of 70% pure cocaine being sold for $480.66, which was
rounded up to $481.
5
Table 4 - Average Percentage Purity of a Selection of Cocaine
Seizures (1998 – 2005)
level has declined between 1998, when it was 38% to a low of 23% in 2004, before increasing to 31%
in 2005.x The purity range during the same time period has become greater, as can be seen in figure
12, from a range of 15% to 68% in 1999 to a range of 3% to 83% in 2005.xi
3.3. Human trafficking laws in Ireland
In 1998, Child Trafficking and Pornography Act was passed that dealt with child trafficking
and the production, distribution, and possession of child pornography. It states that any person, who
organizes or facilitates the entry into Ireland of a child for the purposes of sexual exploitation, will be
subject to life in prison.xii The production or distribution of child pornography will result in a
maximum prison sentence of 14 years.xiii
Ten years later in 2008, the government of Ireland passed the Criminal Law (Human
Trafficking) Act 2008. Section 2 deals with the trafficking of children, section 3 deals with the
trafficking of children for the purposes of sexual exploitation, and section 4 deals with the trafficking
of persons other than children.xiv
Section 2 of the Act states that any person who trafficks a child for the purposes of
exploitation other than sexual, sells the child for such purposes, purchases the child for such
purposes, or attempts to do any of the above shall by subject to a maximum prison term of life in
prison or a fine.xv
Section 3 of the Act states that any person who trafficks a child for the purposes of sexual
exploitation, sexually exploits a child, takes, detains, or restricts the liberty of a child for the purpose
of sexual exploitation, causes another person to commit any such offense, or attempts to commit
such an offense, will be subject to a maximum prison term of life, or a fine.xvi
Section 4 of the Act states that any person who trafficks another person other than a child
for the purposes of exploitation, and the trafficker used force, deceived, abused his/her authority so
that the trafficked person had to submit to being trafficked, or made payment to, or used force
against the person under whose care the trafficked person was, shall be subject to a maximum
prison term of life in prison or a fine.xvii
3.4. Human trafficking sentencing in Ireland
In 2010, An Garda Siochana opened 69 investigations into the allegations of human
trafficking. The same year, there were two convictions under the Criminal Law (Human Trafficking)
Act of 2008 for recruiting and trafficking a minor. One of the men received a three year suspended
prison sentence, was placed on the sex offender registry for five years and entered into a bond of
good behavior for three years.xviii The other man’s case went to a Circuit Court hearing. Two more
convictions were secured under the Child Trafficking and Pornography Act of 1998. In one of the
cases, a man was sentenced to 10 years in prison, lifetime on the Sex Offender’s Register, and 15
years of post release supervision for recruitment and trafficking of a minor for the purposes of
sexual exploitation and production of child pornography. Lastly, a man was sentenced to six years in
prison for incitement of trafficking a minor for sexual exploitation, and incitement to the possession
of child pornography.xix
3.5. Drug trafficking laws in Ireland
The Misuse of Drugs Act of 1977 listed cocaine as one of the controlled drugs. Section 15 of
the Act deals with unlawful sale and supply and states that any person who is in possession of a
controlled drug with the intent to supply is guilty of an offense.xx If found guilty on a summary
conviction, the person will be subject to a fine not exceeding £250 ($404)6, or a maximum prison
term of 1 year, or both. Alternatively, if the person is found guilty on an indictable conviction, the
person is subject to a maximum fine of £3,000 ($4,843)7, or a maximum prison term of 14 years, or
both8.xxi
The Criminal Justice Act of 1999 amended Section 15 of Misuse of Drugs Act of 1977 to
include possession of controlled drugs whose street value is £10,000 ($16.144)9 or more with intent
to distribute, known as Section 15A.xxii Additionally, the Penalty section of the Misuse of Drugs Act of
6
XE.com 6/16/2011 1 GBP = 1.61440 USD
XE.com 6/16/2011 1 GBP = 1.61466 USD
8
A summary conviction is a trial before a court without a jury. The crime is usually a misdemeanor. An
indictable conviction is a trial by jury.
9
XE.com 6/16/2011 1 GBP = 1.61436 USD
7
1977 was amended to reflect the amendment to Section 15. Any person found guilty of a crime
under Section 15A on an indictable conviction shall be subject to a minimum term of 10 years and a
maximum term of life in prison, and a fine if the court deems it necessary. xxiii
3.6. Drug trafficking sentencing in Ireland
In a 2003 article reviewing seven cases tried under the Criminal Justice Act of 1999, it was
found that in six out of the seven cases, the defendant received a sentence under the statutory
minimum.xxivIn August 2010, a member of an organized crime group had his appeal of the ten year
sentence that he received for the possession of €70,000 worth of cocaine denied.xxv
i
Immigrant Council of Ireland, . "Globalisation, Sex Trafficking and Prostitution: The Experiences of Migrant
Women in Ireland." Immigrant Council of Ireland. Immigrant Council of Ireland, 2009. Web. 5 Aug 2011.
http://www.immigrantcouncil.ie/images/stories/Trafficking_Report_FULL_LENGTH_FINAL.pdf
ii
Blue Blindfold. "Annual Report of Trafficking in Human Beings in Ireland for 2010." Home - Anti Human
Trafficking Unit. Blue Blindfold, 2010. Web. 5 Aug 2011.
http://www.blueblindfold.gov.ie/website/bbf/bbfweb.nsf/da0ca5e97401855180257355006068dd/f94a4d795
75e5d02802575d800519794/$FILE/2010%20Annual%20Report.pdf
iii
Evening Herald. "Over 300 victims brought here annually - News, Frontpage - Herald.ie." Evening Heral
Newspaper | Ireland's Evening Newspaper | Dublin and National News - Herald.ie. Evening Herald, 12 Apr
2011. Web. 5 Aug 2011. http://www.herald.ie/news/over-300-victims-brought-here-annually-2617147.html
iv
Immigrant Council of Ireland. "Globalisation, Sex Trafficking and Prostitution: The Experiences of Migrant
Women in Ireland." Immigrant Council of Ireland. Immigrant Council of Ireland, 2009. Web. 5 Aug 2011.
http://www.immigrantcouncil.ie/images/stories/Trafficking_Report_FULL_LENGTH_FINAL.pdf
v
Immigrant Council of Ireland. "Globalisation, Sex Trafficking and Prostitution: The Experiences of Migrant
Women in Ireland." Immigrant Council of Ireland. Immigrant Council of Ireland, 2009. Web. 5 Aug 2011.
http://www.immigrantcouncil.ie/images/stories/Trafficking_Report_FULL_LENGTH_FINAL.pdf
vi
EMCDDA. "EMCDDA | Situation summary for Ireland - up to date summary of the national drug situation in
Ireland (Country Overviews)." ECMDDA | European Monitoring Center for Drugs and Drug Addiction. ECMDDA,
08 Nov 2010. Web. 8 Aug 2011. http://www.emcdda.europa.eu/publications/country-overviews/ie
vii
NACD. "An Overview of Cocaine Use in Ireland: II." NACD - National Advisory Committee on Drugs. NACD,
2007. Web. 8 Aug 2011. http://www.nacd.ie/publications/Overview_Cocaine_Use_2.pdf
viii
UNODC. "WDR-2010." United Nations Office on Drugs and Crime. UNODC, 2010. Web. 3 Aug 2011.
http://www.unodc.org/unodc/en/data-and-analysis/WDR-2010.html
ix
UNODC. "WDR-2010." United Nations Office on Drugs and Crime. UNODC, 2010. Web. 3 Aug 2011.
http://www.unodc.org/unodc/en/data-and-analysis/WDR-2010.html
x
NACD. "An Overview of Cocaine Use in Ireland: II." NACD - National Advisory Committee on Drugs. NACD,
2007. Web. 8 Aug 2011. http://www.nacd.ie/publications/Overview_Cocaine_Use_2.pdf
xi
NACD. "An Overview of Cocaine Use in Ireland: II." NACD - National Advisory Committee on Drugs. NACD,
2007. Web. 8 Aug 2011. http://www.nacd.ie/publications/Overview_Cocaine_Use_2.pdf
xii
Government of Ireland. "Child Trafficking and Pornography Act, 1998, Section 3." Irish Statute Book.
Government of Ireland, n.d.. Web. 8 Aug 2011.
http://www.irishstatutebook.ie/1998/en/act/pub/0022/sec0003.html#sec3
xiii
Government of Ireland. "Child Trafficking and Pornography Act, 1998, Section 5." Irish Statute Book.
Government of Ireland, n.d.. Web. 8 Aug 2011.
http://www.irishstatutebook.ie/1998/en/act/pub/0022/sec0005.html#sec5
xiv
Government of Ireland. "Criminal Law (Human Trafficking) Act 2008." Irish Statute Book. Government of
Ireland, n.d.. Web. 8 Aug 2011. http://www.irishstatutebook.ie/2008/en/act/pub/0008/index.html
xv
Government of Ireland. "Criminal Law (Human Trafficking) Act 2008, Section 2." Irish Statute Book.
Government of Ireland, n.d.. Web. 8 Aug 2011.
http://www.irishstatutebook.ie/2008/en/act/pub/0008/sec0002.html#sec2
xvi
Government of Ireland. "Criminal Law (Human Trafficking) Act 2008, Section 3." Irish Statute Book.
Government of Ireland, n.d.. Web. 8 Aug 2011.
http://www.irishstatutebook.ie/2008/en/act/pub/0008/sec0003.html#sec3
xvii
Government of Ireland. "Criminal Law (Human Trafficking) Act 2008, Section 4." Irish Statute Book.
Government of Ireland, n.d.. Web. 8 Aug 2011.
http://www.irishstatutebook.ie/2008/en/act/pub/0008/sec0004.html#sec4
xviii
Blue Blindfold. "Annual Report of Trafficking in Human Beings in Ireland for 2010." Home - Anti Human
Trafficking Unit. Blue Blindfold, 2010. Web. 5 Aug 2011.
http://www.blueblindfold.gov.ie/website/bbf/bbfweb.nsf/da0ca5e97401855180257355006068dd/f94a4d795
75e5d02802575d800519794/$FILE/2010%20Annual%20Report.pdf
xix
Blue Blindfold. "Annual Report of Trafficking in Human Beings in Ireland for 2010." Home - Anti Human
Trafficking Unit. Blue Blindfold, 2010. Web. 5 Aug 2011.
http://www.blueblindfold.gov.ie/website/bbf/bbfweb.nsf/da0ca5e97401855180257355006068dd/f94a4d795
75e5d02802575d800519794/$FILE/2010%20Annual%20Report.pdf
xx
Government of Ireland. "Misuse of Drugs Act, 1977, Section 15." Irish Statute Book. Government of Ireland,
n.d.. Web. 8 Aug 2011. http://www.irishstatutebook.ie/1977/en/act/pub/0012/sec0015.html#sec15
xxi
Government of Ireland. "Misuse of Drugs Act, 1977, Section 27." Irish Statute Book. Government of Ireland,
n.d.. Web. 8 Aug 2011. http://www.irishstatutebook.ie/1977/en/act/pub/0012/sec0027.html#sec27
xxii
Government of Ireland. "Criminal Justice Act, 1999, Section 4." Irish Statute Book. Government of Ireland,
n.d.. Web. 8 Aug 2011. http://www.irishstatutebook.ie/1999/en/act/pub/0010/sec0004.html#sec4
xxiii
Government of Ireland. "Criminal Justice Act, 1999, Section 5." Irish Statute Book. Government of Ireland,
n.d.. Web. 8 Aug 2011. http://www.irishstatutebook.ie/1999/en/act/pub/0010/sec0005.html
xxiv
Ennis, Kiwana. "Mandatory Minimum Sentences in S. 15A Drug Cases." The National Documentation Centre
on Drug Use. The National Documentation Centre on Drug Use, 08 Apr 2003. Web. 8 Aug 2011.
http://www.drugsandalcohol.ie/6690/1/1659-1556_Bar_review_MandatorySentences.pdf
xxv
Sunday World. "Sunday World - investigating and reporting on Irish Crime." SundayWorld.com, Irish Crime
Reporting, Amanda Brunker, Fr. Brian D'Arcy, Pub Spy, Paddy Murray and much more... Sunday World, 09 Aug
2010. Web. 8 Aug 2011. http://www.sundayworld.com/columnists/sw-irish-crime.php?aid=5300