Ahead of Pre-Legislative Scrutiny by the Oireachtas Joint Committee on Justice of the General Scheme of the Criminal Law (Sexual Offences, Domestic Violence and International Instruments) Bill, the Irish Human Rights and Equality Commission (“the Commission”), as National Rapporteur on Trafficking in Human Beings, has published its observations on the proposed legislation relating to human trafficking.
The Bill is stated to transpose into Irish law the 2024 Amended EU Anti Trafficking Directive, which requires Ireland to strengthen its response to trafficking. The Directive is the main EU legal instrument regarding trafficking in human beings. It sets out minimum obligations for Member States to define trafficking offences, punish offenders, and implement measures for victim identification, protection, and support.
The Commission welcomes a limited number of positive elements in the General Scheme including provision for new forms of exploitation and a new offence of ‘knowing use’ of services of a victim of trafficking, as required by the amended Directive. The Commission warns however, that overall, there is a very restrictive approach to transposition being taken, and such an approach will be to the detriment of vulnerable victims of trafficking. There are significant gaps in the Bill regarding trafficking, particularly in relation to ensuring access to appropriate supports and easily accessible accommodation for victims of trafficking. Worryingly, it does not align the trafficking response to the concurrent changes in the asylum process being legislated for at the same time under the EU Migration and Asylum Pact. The Amended Directive requires Ireland to ensure complementarity and coordination between the authorities involved in anti-trafficking activities and the asylum authorities.
The Commission has repeatedly called for legislation to enshrine access to support and assistance for victims of trafficking. The General Scheme fails to address this aspect. In the submission, we also highlight the importance of enshrining the non-prosecution principle in legislation - a specific statutory defence for victims of trafficking where they have committed crimes as a direct consequence of them being trafficked. The Commission has previously noted the well-founded fear many victims experience of being prosecuted for offences committed as a direct consequence of their trafficking, a fear that traffickers routinely exploit to maintain control.
The amended Directive requires National Referral Mechanisms (NRM) for presumed and identified victims of trafficking. An NRM is a coordinated framework that allows the State and frontline organisations to identify, protect and support victims of trafficking- and is a crucial framework. Legislation passed in 2024 provides for a new NRM, but the relevant provisions of the legislation have still not been commenced and two years later, the new NRM is still not in operation. The Commission notes that the legislation must be commenced to ensure Ireland meets its obligations under the amended Directive and provides for early identification of victims of trafficking. The ongoing lack of a fully operational, victim-centred revised National Referral Mechanism (NRM) continues to undermine the State’s ability to meet its obligation to identify victims early and meet their needs at each stage of the process.
The Commission reiterates long-standing concerns regarding the continued deficiencies in provision of trafficking-specific accommodation for victims. This draft legislation fails to provide the legal basis for such provision. The Commission cautions that, without safe, appropriate and accessible accommodation and the long promised new NRM to ensure early identification and referral, victims remain at serious risk of ongoing harm, re-trafficking and further exploitation.
Regarding data collection, the Commission recommends legislative amendments to underpin a new data collection system, as required under Article 19a of the amended Directive, and reiterates its recommendation that, to enable it to fulfil its role as Independent National Rapporteur, the right to request and receive relevant information and data from the State and State agencies is placed on a statutory basis.
Chief Commissioner Liam Herrick said:
“Human trafficking is a multi-billion-euro global industry that targets the most vulnerable people in society, including migrant women and children, here in Ireland and internationally. It is a hidden crime, with victims often unable to come forward due to fear of traffickers, fear of arrest, language barriers, insecure immigration status, and the lack of safe accommodation and supports. This Bill is an opportunity to strengthen the State’s response to trafficking and our response to vulnerable victims. It is crucial that the State takes this opportunity to ensure that our legislation meets the standards required by EU law.”
Notes to the Editor:
IHREC is Ireland’s Independent National Rapporteur on Trafficking of Human Beings and our observations on this legislation relate solely to the Heads that will transpose the EU Trafficking Directive.
The Bill aims to transpose into Irish law the 2024 Amended EU Anti Trafficking Directive which requires Member States, including Ireland, to strengthen their response to trafficking. The Directive is the main EU legal instrument regarding trafficking in human beings – and sets out minimum obligations for member states to define trafficking offenses, punish offenders, and implement measures for victim protection and support.
Article 1 of the amended Directive makes clear that it is the main EU legal instrument on preventing and combatting trafficking in human beings and protecting its victims. The amended Directive constitutes a significant development in the response to trafficking and will shape anti-trafficking measures, policies, legislation, and actions in coming years. It introduces new legal obligations and minimum standards on Ireland and all Member States in their response to trafficking. It includes common provisions to strengthen the prevention of trafficking, the assistance provided to victims, as well as their protection, taking into account gender, disability and children’s perspectives, and using a victim-centred approach. The deadline for transposition is July 2026.