James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senator for raising the important issue of the necessity of regulating non-government immigration services and establishing legal criteria that must be met by those doing business as immigration consultants in order to limit and prevent exploitative immigration arrangements and aid the fight against human trafficking in Ireland. Legal services are heavily regulated. I recommend that a complaint be made to the Legal Services Regulatory Authority, LSRA, in respect of any person offering legal advice who is not a member of the Law Library or the Law Society or registered with the LSRA.

Human trafficking is an exploitative crime that preys on the most vulnerable people. The prevention, detection and prosecution of this abhorrent crime is a priority for the Government. Several significant measures have been taken to combat human trafficking, create a more victim-centred approach to identifying and supporting victims, raise awareness and provide training for those who need it. The most significant of these has been the development of the new national referral mechanism, NRM, framework, which will make it easier for victims of human trafficking to come forward to access supports and services by providing a role for a range of State bodies and non-governmental organisations in identifying victims of human trafficking and referring them to the NRM. The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023, which will put the revised NRM on a statutory footing, was published last July and is a priority for this new term. Alongside this, officials in the Department of Justice are working on finalising a new national action plan on human trafficking, which will be published shortly. It will set out how the multi-agency work to combat this criminal activity and support victims will be taken forward.

People smuggling is the facilitated, irregular movement of persons across borders for financial or other benefit. It is distinct from human trafficking, in that smuggling occurs with the consent of the person while trafficking involves the recruitment, transportation and exploitation of a victim. Smuggling and trafficking are inevitably closely linked, however. Those smuggled are particularly vulnerable to exploitation, often placed in mortal danger and left owing debts to organised criminal groups. Any allegation or concern relating to human trafficking or other forms of exploitation should be reported to An Garda Síochána, which has the responsibility to investigate such matters.

As regards the matter of immigration consultants, while many individuals may be confident in dealing directly with immigration services, it is a matter for each person to decide to where he or she goes for guidance or assistance. In that context, it is open to such persons to avail of the services of an immigration consultant or other such third party if they so wish. Many individuals may seek the advice of friends, relatives or people in their community with experience in such matters. The services provided by such groups or individuals may cover a very broad spectrum, from the provision of general information or assistance with form filling to the provision of legal advice on complex legal matters.

Some third parties, such as members of the legal profession or established non-governmental organisations active in the area of immigration, may have established bona fides with the immigration services.Others may not be known to the immigration services and some may not be located in the State. This encompasses what is potentially a very broad group of organisations and individuals, and there are currently no criteria or regulation required for a person to identify as an immigration consultant. Where an individual has indicated that they wish to be represented by a third party, for example, a regulated legal professional, and appropriate documentation has been provided to support that, it may be facilitated. It is important that an applicant is not put in a position of disadvantage simply because they have chosen a third party to represent their interests.