Sharon Keogan (Independent)
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The Minister of State is very welcome. I want to ask about the current state of play regarding the fight against human trafficking here in Ireland. There are many issues dealt with in these Houses and in Government Buildings which are pressing, obvious and apparent and which demand attention be given to them, as well as that attention being seen to be given to them. There are other issues that will never affect the vast majority of the people of this country, directly at least, but that for those they do affect have the most awful life-altering effects. Human trafficking and its associated exploitation falls into this category, but we are not doing enough to fight it.

In June the USA published its annual trafficking in persons report which ranks governments across the world on their efforts to acknowledged and combat human trafficking. Ireland was ranked in tier two which consists of countries that do not fully comply with minimum standards but which are making significant efforts to bring themselves into compliance. The report stated that the Irish Government did not meet the minimum standards in several areas, including a failure to convict any traffickers. There were also deficiencies in victim identification, referral and assistance and services for victims remained inadequate. I understand that such was the disquiet across the pond at our lack of progress in combatting trafficking that the continued operation of US pre-clearance in Dublin Airport was called into question.

Last year the Council of Europe's Group of Experts on Action against Trafficking in Human Beings, GRETA, stated:

Sexual exploitation [in Ireland] remains the primary form of exploitation, but the number of people trafficked for labour exploitation – in sectors including fishing, farming, construction, catering and domestic work – grew over the same period.

Trafficking for labour exploitation is under-recognised and under-reported. Shockingly, there have been no convictions for trafficking for labour exploitation in this country despite the increasing numbers of identified suspected cases. Ireland is not immune to trafficking. What is being done by the Government to step up the efforts to combat trafficking? I stated in the Chamber before the summer recess that the mass movement of persons across the European Continent as a result of the Russian invasion of Ukraine has provided traffickers with the perfect smokescreen to carry out large-scale operations undetected and that we must be extra vigilant in this environment to ensure the vulnerabilities of people in flux will not be exploited for profit. That is what this Commencement matter is getting at.

The business of immigration consulting has exploded in recent years and is only going to get bigger, yet there is no legal framework, basis or oversight for accreditation of immigration consultants. I could leave this room, call myself an immigration consultant, charge people to see me and tell them God knows what. At the moment, any Joe Soap can simply slap a label of immigration consultant on himself and start to advise people on making what is a huge life change. That lack of oversight or accountability with regard to legal advice is very worrying and leaves open many doors that unscrupulous individuals may use to exploit vulnerable persons. Does the Government have plans to codify the role of immigration consultants via legislation, accreditation or oversight? If not, how does it plan to ensure all those thinking about coming to Ireland are receiving genuine guidance and being protected from exploitation?

James Browne (Wexford, Fianna Fail)
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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.

Sharon Keogan (Independent)
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I thank the Minister of State. It was reported in the UK press last year that migrants across the UK are being preyed upon by immigration advisers and solicitors who are taking advantage of the lack of protections for advice seekers. These rogue practitioners are charging extortionate fees for free application forms and are putting in spurious applications and appeals that have no chance of success. These criminals and confidence tricksters exploit vulnerable persons by extorting large sums of money from them, often under threat of deportation if they fail to pay up. One charity found that of the clients it provided support for in 2021, 41% had been scammed by a rogue solicitor or by someone posing as an immigration adviser. We would be fools to think that this is not happening here. Even the Minister of State's response says that regulations are required. There are no regulations and no criteria under which persons can identify as an immigration consultant, and therein lies the problem. What does the Minister of State think our Government's response should be to that? Do we need to have some sort of a licensing arrangement or agreement in place for immigration consultants in this country?

James Browne (Wexford, Fianna Fail)
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Solicitors in this country are very heavily regulated and anyone who has any concerns about the actions of any solicitor should report them to the LSRA. On the position of immigration consultants, as I said, this encompasses a very broad spectrum of people, from family members or friends giving legal advice, to some who are offering services. I ask that people make sure that whoever they are dealing with engages with their background to see whether they have the skillset that they are holding themselves out with. The Department of Justice immigration service will generally only engage with individuals or groups such as solicitors, NGOs or other bodies whose bona fides have been established. Finally, I remind the Senator that detailed communications regarding all immigration schemes and programmes, including relevant application forms, are available on the immigration service delivery website, irishimmigration.ie.