Written answers

Tuesday, 10 December 2019

Department of Justice and Equality

Human Trafficking

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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267. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to the fact there have been confirmed cases of human trafficking within the fishing industry here; if his attention has been further drawn to the fact that the Trafficking in Persons Report 2019 and the Council of Europe GRETA report of 2017 made reference to the need for improved support for victims of trafficking here in line with a national referral mechanism; and if he will make a statement on the matter. [51595/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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My Department has been made aware of a number of cases of human trafficking or exploitation regarding individuals in the fishing industry in Ireland.

I wish to confirm for the Deputy that Government is fully committed to addressing human trafficking in all forms under Irish and EU legislation and the principal international conventions, and that we are active nationally and internationally to do so. With regard to international treaties, Ireland has ratified the principal international Human Trafficking treaties:

- The Palermo Protocol (2000) to the UN Convention against Organised Crime;

- The Council of Europe Convention on Action against Trafficking in Human Beings (2005).

The EU Anti Trafficking Directive (2011/36/EU) and in Ireland, the Criminal Law (Human Trafficking) Act 2008 and Criminal Law (Human Trafficking) (Amendment) Act 2013 are the relevant legislative measures.

In February this year, Ireland ratified the ILO Forced Labour Protocol, which reinforces the international legal framework for combating all forms of forced labour, including trafficking in persons. This initiative, by my colleague the Minister for Business, Enterprise and Innovation, puts Ireland among the group known as “50 for Freedom”, which stems from an ILO initiative to encourage member countries to ratify the Protocol by the end of 2019.

Domestically, the Second National Action Plan to Prevent and Combat Human Trafficking was launched in 2016. The Action Plan involves a victim-centred and human rights based approach with the ultimate aims of preventing human trafficking, ensuring an effective criminal justice response and delivery of supports to victims.

An Garda Síochána has also committed significant resources to the investigation and prosecution of human trafficking. A specialised Garda Unit, the Human Trafficking Investigation and Co-ordination Unit (HTICU), has been established to coordinate delivery of national strategy.

Progress has also been made to improve the access of victims to State supports. Where an individual is identified as a suspected victim of human trafficking by HTICU they are eligible to receive State supports and services, including immigration permission, medical care, accommodation and legal advice, through the National Referral Mechanism to assist their recovery. A number of State bodies also provide care and practical support to victims, including the HSE, the International Protection Accommodation Service, the Legal Aid Board, the Irish Naturalisation and Immigration Service and Tusla. The International Organisation for Migration provides assistance in relation to returning victims to their country of origin.

My Department also provides funding to several non-governmental organisations for their work to provide support to victims of trafficking.

The Deputy may also wish to note that action is also being taken to raise public awareness in Ireland and help members of the public identify the signs of human trafficking. More information is available on the “Blue Blindfold” website , which is maintained by my Department.

With regard to the reports referred to by the Deputy, I can confirm that my Department continues to work closely with the relevant parties in relation to the Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) Committee and its reporting mechanism alongside the annual Trafficking in Persons Report.

Over the past 12 months, my Department has also been engaging with non-governmental organisations to examine a NGO-led solution to the issue of the accommodation for victims of trafficking in a practical manner. This is an ongoing dialogue with a number of relevant parties.

Any abuses of the employment conditions of any non-EEA National in the Irish fishing industry are a matter for the Workplace Relations Commission, the Marine Survey Office, the Gardaí and other appropriate authorities of the State.

Photo of Declan BreathnachDeclan Breathnach (Louth, Fianna Fail)
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268. To ask the Tánaiste and Minister for Justice and Equality the progress made to provide a suitable recovery and reflection period for those that are trafficked in the fishing industry here; if a copy of updated information supplied to GRETA will be provided; and if he will make a statement on the matter. [51596/19]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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My Department is fully committed to addressing the challenges of human trafficking, in all forms, under Irish and EU legislation and under the principal international conventions.

As the Deputy may be aware, the identification of victims of trafficking is a duty arising from the EU Directive 2011/36/EU and the 2005 Council of Europe Convention on Action against Trafficking in Human Beings, and has no statutory basis in Ireland. The identification of victims is not a question of determining who they are; it is a question of determining that they are victims of a crime and that they are consequently entitled to supports to assist them in dealing with the aftermath of the offence. The most well-defined support entitlement is that they are immune from deportation in the immediate aftermath of their discovery. As noted by the Deputy, the obligation on Ireland is also that victims are given a period of “recovery and reflection” during which they are exempt from deportation and do not have to engage with law enforcement investigating the offence. The minimum period in the convention is 30 days. I wish to confirm to the Deputy that Ireland has set the period at 60 days.

The Deputy may also wish to note that progress has been made to improve access to State supports for victims of human trafficking.

A number of State bodies provide care and practical support to victims of human trafficking, including the HSE, the International Protection Accommodation Service, the Legal Aid Board, the Irish Naturalisation and Immigration Service and Tusla. The International Organisation for Migration also provides assistance in relation to returning victims to their country of origin.

An Garda Síochána has also committed significant resources to the investigation and prosecution of human trafficking. A specialised Garda Unit, the Human Trafficking Investigation and Co-ordination Unit (HTICU), has been established to coordinate delivery of national strategy in this area. Where an individual is identified as a suspected victim of human trafficking by HTICU they will be eligible to receive State supports and services, including immigration permission, medical care, accommodation and legal advice, through the National Referral Mechanism (NRM) to assist their recovery.

My Department also provides funding to several Non-Governmental Organisations for their work to provide support to victims of trafficking, and my Department is also funding several research and awareness raising programmes in this field.

I can confirm that my Department continues to work closely with the relevant parties in relation to the Council of Europe's Group of Experts on Action against Trafficking in Human Beings (GRETA) Committee and its reporting mechanism. Ireland’s last review was in 2016 and the next round will commence for Ireland in May 2020.

The Deputy may also wish to note that agreed reports of Ireland’s interaction with the Council of Europe GRETA Committee are available on the Council of Europe Website, at the following link:

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