Seanad debates

Thursday, 16 May 2024

Criminal Law (Sexual Offences and Human Trafficking) Bill 2023: Second Stage

 

9:30 am

Photo of Sharon KeoganSharon Keogan (Independent) | Oireachtas source

I welcome the Criminal Law (Sexual Offences and Human Trafficking) Bill 2023. It proposes key reforms that will benefit An Garda Síochána in its work of policing human trafficking and exploitation. Making the national referral mechanism for victims of human trafficking a statutory provision will be of huge benefit in bringing those who perpetrate these crimes to justice. This mechanism provides for co-operation between State organisations, Departments and civic society groups which assist victims of human trafficking to ensure adequate resourcing and support is available, especially when victims choose to come forward and report a crime.

However, the 2023 trafficking in persons report ranked Ireland as failing to meet the minimum standards in victim identification, referral and assistance. A study showed that 88% of trafficking victims engaged with the healthcare system during their time of being trafficked, but fewer than 1% were identified. We must train all healthcare workers in identifying trafficking.

While the HSE is listed as a competent authority in the Bill, the Department of Health is not, which will limit the scope of engagement with non-public healthcare workers. If we are serious as a nation about this vital issue, we must ensure all healthcare professionals are adequately trained and supported in identifying trafficking victims. Annette Kennedy and Anne-Marie Ryan of the health and social care education traffic group came to Leinster House recently to highlight vital issues regarding identifying trafficking. They noted that dentists, physiotherapists and even social workers do not typically receive training in identifying trafficking.

If the Department of Health is listed as a competent authority, the Dental Council, CORU and many other regulatory bodies should have it within their remit to train their members on identifying trafficking because trafficked people use a broad spectrum of health services. Including this training in the codes of professional conduct of these bodies will directly impact the educational institutions for these medical professionals and equip all medical staff, public and private, trained and qualified, in how to identify trafficking.

Beyond healthcare professionals, it is critical to implement licences for those who work with civic society groups which assist human trafficking victims or those coming into Ireland seeking international protection to ensure oversight and regulation of these services. Many people operate in this space as consultants without any specific certification or credentials. It is vital for the success of the initiative to regulate this space appropriately.The criminal underground operations that thrive within our system are not merely undermining its integrity but also likely perpetrating heinous crimes, particularly in trafficking vulnerable individuals, especially women and children, into prostitution.

Organ trafficking is as yet unquantifiable, although we had one case last year. It is a growing international problem, especially in countries such as Afghanistan, which has a high number of international refugees worldwide. This is why the special licensing of international protection professionals is necessary. By demanding licences for professionals working in the international protection and refugee system, we can establish a robust framework that holds individuals and organisations accountable for their actions. Licences will help to ensure that only qualified and ethical individuals are entrusted with the responsibility of protecting and advocating for refugees and asylum seekers.

I previously highlighted concerns regarding Ukrainian children brought to County Mayo by a charity. This charity did not notify Tusla about the arrival of these children, many of whom flew without a parent or guardian. Under the law as it stands, notification to Tusla might be sufficient to comply with the current laws but is that really enough? When it comes to people crossing borders, especially children, we need to ensure the highest standard of protection for all involved. The national referral mechanism should perhaps include children by default as a way of ensuring children fleeing war get the particular support they need and that they are tracked in a system should there be any risk they have been trafficked. By clearly setting out guidelines and expectations through licensing requirements, we can instil trust and confidence in the system, reassuring both the public and those seeking safety and support. By training our healthcare professionals, we can aim to meet the highest standards in identifying and assisting victims of crime.

I bring to the Minister of State's attention that there are only 16 gardaí employed in combating human trafficking in the country at this time. That is simply not enough and the Department needs to be better resourced. That number needs to be doubled or quadrupled. To have just 16 gardaí dealing with human trafficking is not enough, and it is certainly not enough considering our record on the issue.

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