Roderic O'Gorman (Dublin West, Green Party)
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Both my Department and Tusla remain deeply concerned about the increased risk of child trafficking and sexual exploitation of vulnerable children and young people, whether relating to children and young people in care or those in the wider community.

As the Deputy is aware, statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency.

Under the Child Care Act, 1991, and Children First, Tusla assesses the risk of harm to a child or young person, including working with other state agencies on the possibility that the child may have been trafficked.

If it is deemed folowing a social work assessment that the child is at risk of harm and should not be reunified with the stated guardian/parent, then, in accordance with Tusla and An Garda Síochána joint working protocol, Tusla notifies An Garda Síochána of suspected child abuse, indicating suspected trafficking. An Garda Síochána will determine if a crime has been committed. Any criminal investigations into trafficking is a matter for An Garda Síochána to investigate. Tusla ensures that protective measures, including potential care placements, are taken to ensure the young person’s safety.

The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.

Further planned legislative amendments which taking place:

• These amendments are included in the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022
• The Criminal Law (Sexual Offences and Human Trafficking) Bill 2023 was published on 17 July 2023. Following a planned debate in the Seanad, Minister McEntee intends to progress the Bill to enactment as soon as possible.
• The Bill will also put a revised National Referral Mechanism (NRM) in place for identification and support of victims of trafficking.