James Browne (Wexford, Fianna Fail) | Oireachtas source

I move:

That Dáil Éireann approves the exercise by the State of the option or discretion under Protocol No. 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, to take part in the adoption and application of the following proposed measure: Proposal for a Directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, a copy of which was laid before Dáil Éireann on 10th January, 2023.

I thank the House for facilitating this motion this afternoon. On 5 April, the Government approved my Department’s request to seek the approval of both Houses of the Oireachtas to opt in to this European Commission proposal to amend the 2011 EU anti-trafficking directive. This proposal builds on the original anti-trafficking directive from 2011 and will help to strengthen the EU’s ability to counter crimes related to human trafficking. Ireland has always viewed combating human trafficking as a priority and I am pleased to have the opportunity to present this important motion today.

Human trafficking is happening in countries right across the world, including in Ireland. It is an exploitative crime that preys on the most vulnerable in our society and involves the recruitment, transportation and exploitation of its victims. It is a criminal activity which should have no place whatsoever in our modern society and which destroys individuals’ lives by depriving people of their dignity, freedom and fundamental rights. It is distinct from people smuggling, a crime that was recently addressed through the enactment of the Criminal Justice (Smuggling of Persons) Act 2021.

The EU currently faces unprecedented challenges in its fight against human trafficking. Recent major crises, including the Covid-19 pandemic and Russia’s aggression against Ukraine, have further exacerbated people’s vulnerability to being exploited. In 2021, there were 7,155 victims of trafficking in Europe. The actual figure is likely to be considerably higher as this is a crime where many victims remain undetected.

Over the past few years, Ireland has progressed a number of important measures in relation to combating human trafficking. Legislation to establish a new national referral mechanism to allow more victims of human trafficking to be identified and protected will also be enacted this year. More must be done if we are to really tackle this complex crime.

The modernisation of the EU anti-trafficking directive is key to ensuring we can combat human trafficking and protect its victims. In particular, the updated rules will include forced marriage and illegal adoption. This will require member states to criminalise such conduct in their national criminal law as human trafficking. In that regard, I note that officials in my Department will continue to liaise with officials in the Department of Children, Equality, Disability, Integration and Youth on the definition of illegal adoption and any potential interactions between proposed new national criminal laws and the Adoption Acts.

Also included in the amended directive will be an explicit reference to human trafficking offences committed or facilitated through information and communication technologies, including Internet and social media, and mandatory sanctions for legal persons held accountable for trafficking offences. This covers excluding them from public benefits or by temporarily or permanently closing the establishments where the trafficking offence occurred. It will also include a formal national referral mechanism to improve early identification and assistance and support referral for victims, which will create the basis for a European referral mechanism; stepping up demand reduction by making it a criminal offence for people who knowingly use services provided by victims of trafficking; and EU-wide annual data collection on trafficking in human beings to be published by EUROSTAT.

My Department has carefully considered the advices of the Attorney General, who raised concerns about the proposed Article 7, which cross-references another proposal for an asset recovery and confiscation directive, also currently under negotiation in Brussels. My officials advise me that the strong indications are that there should be sufficient room to negotiate Article 7 being deleted from this amending directive, or at least amended sufficiently such that it will not pose a concern for Ireland.

This proposal amends the 2011 anti-trafficking directive and it is similarly legally based on Articles 82(2) and 83(1) of the Treaty on the Functioning of the European Union. As it is subject to a Title V legal basis, in line with Articles 1 to 3 of protocol 21 of the treaty on the position of Ireland, Ireland must notify the President of the Council in writing within three months if it wishes to take part in the adoption and application of any such proposed measure. The deadline for opting in is 25 April 2023. By opting into this proposal, Ireland will ensure it can continue to build on the significant progress we have already made in combating human trafficking. An opt-in to this proposal will mean we are at the table with our European partners, fully involved in the detailed discussions on the negotiation of the directive. Furthermore, it will also demonstrate our continuing commitment to the European Union and its wider ambitions where tackling human trafficking is concerned. The Government has no hesitation in commending the motion to the House.

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