IHREC is concerned about persistent reports from key stakeholders regarding delays and a lack of transparency in the identification of victims of human trafficking. This is having a negative and distressing impact on vulnerable individuals.
These problems are compounded by delays in the State putting into operation a new system for identification of victims of trafficking which has been on the statute books for two years but not commenced.
Therefore, in our capacity as Ireland’s Independent National Rapporteur on Trafficking in Human Beings, we have written to Minister for Justice, Home Affairs and Migration Jim O’Callaghan TD highlighting the lack of progress in key areas of the State’s response to human trafficking and the potential for backsliding, including in the provision of appropriate accommodation to victims.
Chief Commissioner Liam Herrick said:
“For people who have experienced the crime of human trafficking, being identified as a victim quickly and having access to safe and appropriate accommodation and support are essential."
“We are increasingly concerned that delays in identification and a lack of a transparent and consistent process are impacting negatively on vulnerable individuals. These could be rectified by the commencement of existing legislation on the statute books for two years but with no clear timeline for implementation. We are also aware of a worsening accommodation situation, particularly for victims of trafficking who are not within the international protection system.”
“It is essential that presumed and identified victims of trafficking can easily access safe and appropriate accommodation and do not face administrative hurdles or restrictive conditionality when seeking such accommodation and support.”
In our letter, IHREC has raised the following issues:
The amended EU Anti-Trafficking Directive strengthens Member States’ obligations to identify, protect and support victims of trafficking. The State has failed to transpose the amended Directive by the 15 July deadline.
IHREC has also raised issues with the approach to transposition indicated in the General Scheme, including the ongoing lack of clarity on victims’ statutory entitlement to assistance. The Commission is urging the State to engage in a full transposition of the amended Directive.
Part 3 of the Criminal Law (Sexual Offences and Human Trafficking) Act 2024, which provides for a statutory National Referral Mechanism (NRM), has not yet been commenced and there remains a lack of clarity as to when and how it will become operational.
The Commission is also concerned that a recent change of approach to the NRM envisaged in the 2024 Act is under consideration, including revisiting key aspects such as the multi-agency identification process. IHREC understands that, to date, there has been no consultation with key stakeholders on such proposals. The Commission considers that these changes risk undermining the effective operation of any new NRM and is urging the Government to commence Part 3 as a priority.
The Commission has also raised issues regarding the potential impact of the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 on access to short- and long-term accommodation. IHREC considers that proposed conditionality is at odds with the mandatory provisions of Article 11 of the amended Directive and the Council of Europe Convention on Action against Trafficking in Human Beings.
This is against a backdrop of existing chronically low provision of specialised accommodation for victims of trafficking: there is currently one specialist shelter operating on a pilot basis since 2023 with only 8 beds and a restrictive eligibility criteria,
The Commission has also highlighted a lack of clarity as to which Department has overall responsibility for ensuring the accommodation needs of victims are met in line with the Directive.
With implementation of the EU Migration and Asylum Pact ongoing, IHREC considers it essential that there are established and transparent processes ensuring alignment between identification of victims of trafficking and the asylum process, and that potential and identified victims can access safe and adequate accommodation and support. Overall, we remain concerned regarding the continued conflation of immigration and asylum systems with trafficking systems in Ireland.