Written answers

Tuesday, 23 January 2018

Department of Justice and Equality

Human Trafficking

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Social Democrats)
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256. To ask the Tánaiste and Minister for Justice and Equality the action he is taking to ensure that modern slave labour or human trafficking does not form part of the supply chain of a company trading here. [2855/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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In today’s globalised world, supply chains are characterised by ever greater complexity, which calls for greater vigilance on the part of companies, supported by government action where necessary and appropriate. Human trafficking and forced labour can exist in supply chains, in Ireland, or in the overseas supply chains of companies operating here.

Human trafficking is an offence under the Criminal Law (Human Trafficking) Act 2008, which provides for up to life imprisonment and an unlimited fine. That legislation includes the offence of trafficking for the purposes of labour exploitation. The Act defines trafficking broadly, to include both recruitment and the provision of employment in situations of exploitation. The Act includes provisions in respect of extra-territorial jurisdiction.

With regard to workplaces in Ireland, the Workplace Relations Commission is an independent, statutory body, responsible for the inspection of employment rights compliance and the provision of information to employees and the regulation and licensing of recruitment agencies. Inspectors notify an Garda Síochána where there is a concern in relation to human trafficking.

In addition to the deterrent effect of the law, I believe that consumer and investor demand are leading to greater awareness amongst companies of the need for human rights compliance in their supply chains. This includes ensuring trafficked labour does not form part of the chain, whether in Ireland or overseas. The Government supports this work in a number of ways across different Departments and Agencies.

The Department of Justice and Equality, under the Second National Action Plan to Prevent and Combat Human Trafficking in Ireland, keeps under review the adequacy of all measures aimed at the protection of individuals from labour exploitation. In formulating the Second National Action Plan, the Department engaged with trade unions and employers' representative bodies, and will continue to do so with a view to strengthening their preventative role against trafficking and forced labour.  

My Department will also work with the Department of Business, Enterprise and Innovation as lead Department, to enable ratification of Optional Protocol No. 29 to the Forced Labour Convention of the International Labour Organisation. That Protocol further strengthens the international legal framework against forced labour, including by supporting due diligence by public and private sectors to prevent and respond to risks of forced or compulsory labour.

There are a range of other initiatives supported by Government to address the root causes of trafficking and forced labour in supply chains.

Ireland's National Action Plan on Corporate Social Responsibility, which is being taken forward by the Department of Business, Enterprise and Innovation, includes the promotion of guidance and best practice initiatives relating to sustainable supply chain policies.

Ireland's National Plan on Business and Human Rights 2017-2020, recently launched by the Department of Foreign Affairs and Trade, aims to give effect to the UN Guiding Principles on Business and Human Rights. It includes in its initial priorities for the Implementation Group, the encouragement and facilitation of the sharing of best practice on human rights due diligence, including effective supply chain audits.

Finally, as regards public procurement, various EU Directives which have been transposed into Irish law contain specific provisions excluding tenderers who are guilty of certain human rights infringements, including trafficking in human beings, from participating in public procurement.

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