Mr. Brian Killoran:

I thank the Cathaoirleach and the members of the committee. The Immigrant Council of Ireland is an independent law centre and NGO that works to protect, support and advocate for the rights of migrants and their families in Ireland. We provide legal information, advice and representation through information and legal services. The Immigrant Council of Ireland legal team also specialises in holistic legal aid to victims of human trafficking, the majority of whom in our case are women recovering from sexual exploitation. We are a leading anti-trafficking advocacy organisation in terms of our expertise in policy and advocating for legislative change in this area. As such, the Immigrant Council of Ireland's experience of the direct provision system derives primarily from its experience in the legal representation of trafficked women who are living in that system. Hence, this is the focus of the comments I will make to the committee today. The overall majority of victims of human trafficking represented by the Immigrant Council of Ireland are housed in direct provision centres, and while this can be seen as a niche area within the overall direct provision landscape, there is much overlap concerning the issues involved and the solutions suggested.

To outline the problem briefly, the provision of safe and appropriate housing is an internationally accepted priority need for victims of human trafficking. It is central to their recovery as independent individuals and to fulfilling their potential role as witnesses within criminal investigations. Taking into account the gendered character of trafficking, relevant EU level directives require that the assistance to victims of trafficking should be gender sensitive and include measures which provide appropriate accommodation and aftercare support for victims of trafficking. The Reception and Integration Agency, RIA, is tasked with the provision of accommodation and material assistance to all victims of human trafficking, which is in addition to its main function to house people seeking asylum in general.

Our key concern is for women, in some cases under-age girls in age determination processes, who are trafficked for sexual exploitation and referred to the national referral mechanism for the support of victims of human trafficking. For such women, the introduction of gender-specific shelter and accommodation approaches in Ireland is of central importance. Integrated supports such as medical, material, legal and other integration assistance are key components of such support and recovery. It is the long-stated position of the Immigrant Council of Ireland that direct provision centres do not represent appropriate housing for victims of human trafficking. At the same time, the national shelters and other services for domestic and sexual violence are not resourced in any way or formally involved in responding to migrant women in situations of human trafficking.

Despite the improved practices in general residential matters in the aftermath of the McMahon report from the working group, the situation of victims of trafficking in direct provision centres has not changed in any significant way. For example, the sharing of rooms, limitations on food preparation, sexual harassment and an environment where post-traumatic stress and other mental health issues that arise from trafficking can be addressed are not catered for and responded to appropriately in direct provision centres. The recommended single female gender hostel was set up in a location removed from any specialised complementary services for trafficked women in order for it to become a suitable alternative in these circumstances. It is our understanding there are no victims of trafficking living in the specialised single gender centre. There is recent evidence that Reception and Integration Agency, RIA, accommodation centres are, in cases of victims of trafficking, asking the victim of trafficking to leave the direct provision centre after 60 days, which they believe is the upper limit of their responsibility to support victims of trafficking, requiring the victims of trafficking in those cases to then present to homeless services. We hear this from many support services with which we interact, both State and non-State, which work with victims of trafficking. It is completely unacceptable when trying to support somebody who has been through an extremely traumatic situation.

With regard to international criticism, Ireland’s track record in the provision of accommodation supports for victims of trafficking has been noted not just at national level but also through international bodies such as the Council of Europe committee of experts, GRETA, and the US Department of State's trafficking in persons, TIP, report, which in 2018 downgraded Ireland from tier 1 to tier 2, essentially stating Ireland was not meeting the minimum standards required to respond appropriately in this complex area. Accommodation standards and procedures were cited by GRETA and in the TIP report.

With regard to recommendations, in the long term we advocate for alternative housing entirely removed from direct provision centres for victims of human trafficking. However, we are aware that this transition may take time and of the current housing situation in Ireland. For this purpose and in addition to our long-term recommendations which I will address momentarily, we have developed urgent interim recommendations to be adopted by RIA centres to meet the immediate needs of trafficking victims who are living in direct provision centres.

Urgent interim proposals include the provision of designated private, non-shared rooms for trafficked women who have been sexually abused and are recovering from significant trauma, possibly with depression, anxiety, insomnia and post-traumatic stress disorder. Sharing a room with up to three other individuals who are passing through in many cases, while trafficking victims can stay there for a number of months, is a completely inappropriate situation for a trafficking victim to be in. Provision of self-catering arrangements where women can cook their food, as an essential pre-condition to regaining control and independence through budgeting and exercise of choice, must be increased. To build on what Mr. Justice McMahon said, it is fantastic that there are improvements in that area, but they are not throughout the system and need to be. We need to see increased awareness among managers of centres of their salient role in the delivery of this most vital service to victims of serious crime who are recovering in the premises they run. There is a need for the training of key personnel in understanding human trafficking, the obligations of the State and the specific needs of victims, with a focus on those who recover from extensive long-term trauma. The provision of a roof over one's head and three square meals a day is not adequate care for victims of human trafficking. There is a need for a significantly improved response in that regard. There is a need for a commitment to gender sensitivity in view of the serious exploitation the majority of victims of human trafficking have suffered, including sexual abuse, rape and other extremely damaging practices.

I will address long-term solutions. The Immigrant Council of Ireland calls for gender-specific accommodation services for trafficked women who are recovering from sexual exploitation and recognition of the support needs among that group. As an interim and immediate measure, nomination of women's refuges for women fleeing domestic violence as emergency accommodation for trafficked victims and the provision of additional resources for those refuges are essential. This is the model of housing for trafficked women that is preferred in a number of EU member states. It calls for significant resources for those centres to meet the immediate needs of women fleeing the situations they are in.

As middle ground, creating a shelter that specialises in dealing with trafficked women who are sexually exploited is essential. This shelter-type facility would offer services to women who required long-term recovery services beyond emergency accommodation, including legal, trauma and health supports and counselling which are currently only sporadically available. Ultimately, for the long-term recovery of victims of human trafficking in direct provision centres, privately rented accommodation with a geographical spread located in areas where there are options to provide wraparound legal, medical and counselling services, including major cities such as Dublin, Limerick Cork and Galway, is the gold standard to which we must work. It would involve having a flexible number of units and a corresponding budget, in dispersed locations, to try to support the accommodation needs of victims of trafficking. It could be done in collaboration with approved housing bodies. We welcome the reflection of the particular needs of trafficking victims in the McMahon working group and the report and recommendations arising from it. This is a niche area within the direct provision system. It is internationally and nationally recognised that trafficking victims, owing to the high proportion who have been sexually abused, need an improved level of care beyond what they receive in direct provision centres. We urge in the strongest terms that that be the priority for the State and the Government.

I would welcome questions and thank the committee for giving me the opportunity to speak.