Violet-Anne Wynne (Clare, Independent) | Oireachtas source

I begin by acknowledging the trafficking and exploitation of human beings, especially children, as a global issue that is not unique to Ireland. However, compared with our counterparts in the EU, Ireland is lagging in tackling human trafficking in all its forms. Convictions for traffficking and the number of identified victims of trafficking are extremely low.

Ireland is considered a country of destination for trafficking. The most prevalent form of trafficking in the State is for the purpose of sexual exploitation. In 2021, An Garda Síochána's anti-trafficking unit identified 44 victims of trafficking. In 2022, five child victims of trafficking were identified for the first time.

These numbers are inaccurate as instances of human trafficking are severely under-reported, while obtaining a conviction for human trafficking is even rarer. The first ever conviction in the State for human trafficking was handed down only in 2021. While great strides have been made in recognising human trafficking and exploitation as an issue worth tackling, we have a long way to go in identifying and supporting victims. Ireland was the only country in the EU to be placed on the US State Department’s tier 2 watchlist in 2021. Unfortunately, our place in the report’s ranking has not improved as again the US State Department’s Trafficking in Persons report places Ireland in tier 2 this year. Ireland’s placement in tier 2 for a second consecutive year means we have again failed to meet the minimum standards in tackling human trafficking.

I am pleased the Bill targets the many weaknesses in the State’s response to human trafficking, specifically in the identification of victims. Currently, the identification of victims is the sole responsibility of An Garda Síochána, but as we have seen, it creates few opportunities to identify victims. The highly secretive nature of human trafficking means the vast majority of cases may never come to the attention of the Garda. I mentioned earlier that human trafficking is a crime that is severely under-reported. That is so because it often happens in secrecy, and chillingly, in plain sight. The introduction of the NRM will allow the State to cast its net wider in terms of identifying victims.

Agencies such as the HSE, Tusla, and the WRC will form part of the proposed operational committee under this Bill. This is incredibly positive as it shows a greater understanding of human trafficking. The trafficking of human beings happens for several reasons and exploitation can take many forms, including labour exploitation, forced begging and forced criminality. The wide-reaching areas the organisations named will aid the Garda in identifying the victims that are harder to spot. I particularly welcome that Tusla, the Child and Family Agency, and charities focused on trafficking, have been proposed to form part of the operational committee.

For too long the State has failed in its obligations to protect and support victims of trafficking, especially child victims. While the Bill introduces considerable progress to our current laws relating to trafficking, some gaps remain. Robust child protection measures for child victims of trafficking are absent. It gives effect to the optional protocol to the UN Convention on the Rights of the Child on the sale of children. The Bill does not clearly state whether child victims are protected under the Children First Act 2015 to ensure that the best interest of the child standard is applied to child victims of trafficking. Will there be specific criteria for identifying child victims of trafficking? Second, once a child victim is identified, what is the process for determining the child’s age? What are the specialised mechanisms to support child victims once identified?

In addition, I previously mentioned that forced criminality is a form of exploitation endured by trafficking victims. Coerced criminal behaviour often prevents victims of trafficking from coming forward. Will there be protection from prosecution for these victims under the legislation? For Ireland to finally achieve an adequate standard of protection for victims, it is vital that these issues are ironed out, not only to improve Ireland’s standing among fellow member states but also to quash the idea in the minds of potential traffickers that such things will be tolerated by the State. It is both noteworthy and extremely concerning to international observers and potential traffickers that in the 15 years since legislation was introduced to tackle human trafficking, we have only managed to secure two convictions for human trafficking.

We face many complex challenges in Ireland, with the crises in health and housing at the forefront of many people's minds, and rightly so. However, we cannot continue to ignore the issue of human trafficking in Ireland. In many cases, the lives and safety of vulnerable people, especially children, depend on large swathes of society being alert to the problem of human trafficking. It is extremely likely that the average person has encountered a victim of trafficking either at their place of work or local business. That brings me to my final question. Will the Government commit to raising public awareness on human trafficking and its different forms? I want to conclude by commending the Minister of State and all in the Department of Justice on this Bill. It is a much-needed improvement on our current laws but to ensure that it is successfully implemented, I urge him to resolve the issues I have highlighted and consider raising awareness on the issue.

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