Carol Nolan (Laois-Offaly, Independent)
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141. To ask the Tánaiste and Minister for Justice and Equality if he will support the establishment of a collaborative forum, including his Department, the Department of Transport and representatives of the port sector and goods transport sector, with the aim of devising more efficient means of preventing persons entering the State illegally and detecting vulnerable persons who may be the victims of human trafficking; and if he will make a statement on the matter. [10289/23]

Simon Harris (Wicklow, Fine Gael)
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I can advise the Deputy that there are in place pre-existing stakeholder groups established to facilitate cooperation in this area.

The Department of Justice, along with the Garda National Immigration Bureau, are members of the National Air Transport Facilitation Committee (NATFaC), including the NATFaC sub-group on immigration. The NATFaC is chaired by the Department of Transport.

The Department of Justice and the Garda National Immigration Bureau also participate in a number of other established relevant fora to ensure close communication and cooperation with relevant stakeholders on an ongoing basis such as the National Maritime FAL Committee, which is also chaired by the Department of Transport.

The State has a duty to protect its borders and following examination, ensure that all arriving passengers are entitled to enter the State. This is a fundamental exercise of State sovereignty, which is necessary to protect the security of the State and to prevent illegal immigration. The exercise of powers in this area is at all times subject to the law and to respect for individual rights.

Immigration officials conduct passport checks, and run operations as required, to ensure passengers arriving in the State are properly documented in accordance with Section 11 of the Immigration Act 2004. 

The Border Management Unit and the GNIB are working closely with airlines on a range of measures to ensure that passengers have such documentation when boarding. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.

Where a person is suspected as being a victim of human trafficking they will be referred to An Garda Síochána or to TUSLA in the case of unaccompanied minors under the age of 18. 

The General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, published last July, will put a revised National Referral Mechanism (NRM) on a statutory footing, making it easier for victims of trafficking to come forward, be identified, and access support.

In addition to An Garda Síochána, it is proposed that a number of agencies will become competent authorities for the identification of victims of human trafficking. These include the Workplace Relations Commission, the Department of Social Protection, the Immigration Service of the Department of Justice, the HSE, Tusla and International Protection Accommodation Services (IPAS). Some NGOs will also be designated as ‘trusted partners’ and will be able to make referrals to the competent authorities. This will provide an alternative and trusted pathway to recognition by a competent authority.