Ms Hilkka Becker:

I thank the Seanad Public Consultation Committee for the invitation to present here today on the key priorities as we see them from the perspective of the Immigrant Council of Ireland in regard to Ireland's compliance with the International Covenant on Civil and Political Rights. We have been asked to focus on two issues in particular in light of Article 8 of the ICCPR, the issue of lack of access for asylum seeking victims of human trafficking to leave to remain status and coupled with that the situation of victims of trafficking in Ireland with regard to accessing free legal assistance.

As is set out in our written submission, the rights afforded to asylum seeking victims of trafficking versus other suspected victims of trafficking are not the same in that asylum seeking victims of trafficking have less access to safe and appropriate accommodation, education, training, employment and the possibility of acquiring longer-term status in the State. Victims of trafficking who are in the asylum process, who constitute 56% of identified victims according to the GRETA report - Council of Europe expert group's report, are precluded from the benefits of a formal identification by the competent authorities and from receiving any acknowledgement to the effect that they are suspected victims of trafficking under the administrative arrangements for the protection of victims of human trafficking that are Irish national arrangements, even when they co-operate fully with the competent authorities and the investigation and prosecution of the crimes committed against them.

The Immigrant Council of Ireland is most concerned that while under section 21 of the administrative arrangements, which relate to change of status and leave to remain for victims of trafficking, a person who has assisted the Garda and has held a temporary residence permit for three years or longer can apply for a change of status and be granted permission to remain in the State on humanitarian grounds, but asylum seeking victims will not be able to accumulate these three years as they will not receive a temporary residence permit until after their asylum application has been decided negatively. In its replies to the list of issues raised by the UN Human Rights Committee, the Government has stated in this regard that "the Administrative Immigration Arrangements for the Protection of Victims of Human Trafficking apply only to those who would not otherwise have permission to be in the State" and that "It is important to emphasise that an alleged victim of trafficking who applies for asylum under the Refugee Act ... has the equivalent residence rights and access to the same support services as a person in a Recovery and Reflection Period under the Administrative Immigration Arrangements".