Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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574. To ask the Tánaiste and Minister for Justice and Equality the measures being taken in order that Ireland meets the minimum standards required for the elimination of human trafficking such as victim identification, accommodation services for victims, support and referral, in view of the downgrading of Ireland from tier 1 to tier 2 in the 2020 trafficking in persons annual report by the US State Department to monitor and combat trafficking; and if she will make a statement on the matter. [16573/20]

Helen McEntee (Meath East, Fine Gael)
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The Government is fully committed to addressing human trafficking in all forms. We are cooperating with partners and are actively engaged in the work of multilateral international organisations who are addressing human trafficking, including the UN, Council of Europe, OSCE and the European Union.

Ireland has ratified the principal international Human Trafficking treaties, namely the Palermo Protocol (2000) to the UN Convention against Organised Crime; and the Council of Europe Convention on Action against Trafficking in Human Beings (2005). Ireland has also 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 put 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.

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 here and the Second National Action Plan to Prevent and Combat Human Trafficking was launched in 2016. This 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.

There is a specialised Garda Unit - the Human Trafficking Investigation and Coordination Unit – to address this form of criminality and a High Level Group involving the Department of Justice and Equality, the Office of the DPP and An Garda Síochána is in place which keeps the legislative and operational framework for investigation and prosecution of trafficking under review.

A number of partners across the public service provide care and practical support to victims of trafficking including the HSE, the Legal Aid Board, the Immigration Service and Tusla. The Department of Justice and Equality also provides funding to NGOs for their work to provide support to victims of trafficking. Other measures currently being taken include training of Gardaí and immigration officers and awareness raising initiatives which are crucial to early detection of this crime.

Addressing human trafficking is an ongoing challenge and a number of other key actions are currently planned or due to begin in the near future. In particular:

- The Irish Human Rights and Equality Commission (IHREC) is to be designated as Ireland’s independent National Rapporteur for Anti-Human Trafficking under article 19 of the EU Human Trafficking Directive. Legislation is currently being drafted to make this designation;

- The review of the Criminal Justice (Sexual Offences) Act 2017, which criminalised the purchase of sex as part of a wider approach to protection of persons trafficked into prostitution, has been launched;

- There is ongoing engagement by the Department of Justice and Equality with NGOs to identify solutions to the provision of accommodation to victims of trafficking, particularly female victims of sexual exploitation;

- The Department has established a forum for victims and stakeholders in relation to human trafficking, which had its first meeting earlier this month and which will examine the need to update the existing National Action Plan on Human Trafficking, including to respond to the commitment in the Programme for Government to adopt and implement a comprehensive strategy to combat trafficking of women and girls;

- The Forum will also work with the Department in a review of the National Referral Mechanism in Ireland, learning from best practice models in other EU Member States; and

- Legislation is being drafted to strengthen the penal framework on people smuggling, thereby implementing three international legal instruments in the area.

My Department is closely studying the report and recommendations included in the US State Department ‘Trafficking in Persons’ (TiPs) Report 2020. Ireland maintains in close ongoing contact with the United States on this issue and the report will feed into the Department’s ongoing work on the National Action Plan to Prevent and Combat Human Trafficking.