Legislation

The APT Working Group on Legislation monitors closely all legislation concerning Trafficking in Persons and that on Immigration.

Operational strategies in relation to human trafficking are the responsibility of the Garda (Police) National Immigration Bureau which was established in May 2000. ( INIS website) However, overall policy development and implementation in relation to the tackling of people trafficking is also the responsibility of the Minister for Justice, Equality and Law Reform.
 
Currently in Ireland the issue of trafficking is addressed in the following pieces of Legislation.
 
- Criminal Law (Human Trafficking) Act  2008
- Child Trafficking and Pornography Act 1998 
- Criminal Justice Act (Evidence) 1999 
- Criminal Justice Act (Compensations) 1993 
- Administrative arrangements for the Protection of Victims of Trafficking (13th November 2008) 
- Immigration Residency and Protection Bill 2008 (Section 127)  
 
Ireland is a signatory to the Council of Europe Convention on Action against Human Trafficking. The Convention sets out the international standards for prosecution and prevention of the crime of human trafficking and minimum standards of protection of the victims.

Ireland is currently in the process of transposition of this international tool. The government has expressed commitment to ratify the convention before the end of this year.

A delegation from APT had met the Minister for Justice in November 2007 to express their appreciation of the fact that something was being done to criminalize TIP and to suggest amendments, particularly on the aspect of protection and care of victims and survivors.

Main Concerns

• The 60 day Recovery and Reflection permit is not flexible; it is not renewable and cannot be extended. This makes it unsatisfactory in cases where the victim is traumatized/blackmailed and cannot take a decision to cooperate with the police.
• The 6 months renewable residence permit is issued only to those who cooperate and have information. If they do not have enough information, they are deemed to be of no value for the investigation and, as a result, deemed not worthy of a permit. Additionally, the permit is terminated if the investigation is terminated/completed/abandoned by the authorities.
• There is no avenue to long term residence after a certain period spent in Ireland as a witness for the purposes of investigation.
• The ‘Leave to Remain on Humanitarian grounds’ provision is removed in the new Immigration bill, so summary deportation is a real threat to victims who are deemed to have no value for possible investigation.
  No specific assistance is provided in primary legislation for accommodation, material assistance, legal assistance, medical care. These remain to be provided in additional policies and this raises the question: How binding will these policies be in terms of ensuring that these provisions are provided to victims of trafficking?

APT would like to have Trafficking seen as a crime against the person trafficked, not just against the State. Allowing residence on condition that the person gives evidence is to treat it solely as a crime against the State.

More Information:

Minister for Justice replies to Irish Parliament on number of victims of Human Trafficking. On April 22, 2009, Deputy Aengus O Snodaigh addressed two questions to Dermot Ahern TD, the Minister for Justice, Equality and Law Reform regarding the issue of trafficking in Ireland.

Analysis of the current level of transposition of the Council of Europe Convention against Trafficking in Human Beings in the Irish Legislation. A presentation comparing Ireland's Legislation on trafficking  vis a vis International legislation, prepared by the Immigrant Council of Ireland.

Last modified: Sunday, November 1st, 2009