On 17 July 2024, new legislation for a mechanism for the identification and support of victims of trafficking in human beings and the combatting of human trafficking was signed into law. This Act will, for the first time, put an identification and support process for victims of trafficking into legislation.
What does the legislation entail?
The legislation establishes a revised National Referral Mechanism (NRM), which is the framework for identifying and supporting victims of trafficking. This includes, namely, the process for detection and identification of victims and the provision of supports to formally identified victims. The NRM will allow other bodies to formally identify victims of trafficking, in addition to An Garda Siochana who are currently the only body that can formally identify victims. For example, ‘competent authorities’ such as Tusla, the Health Service Executive (HSE) and the Workplace Relations Commission in addition to ‘trusted partners’ such as NGOs are now able to formally identify and refer potential victims to the national referral mechanism.
The mechanism will be overseen by an committee consisting of a representative of the Minister for Justice and at least one representative of the competent authorities and trusted partners. The role of the operational committee is to determine the procedures and requirements for referring applicants to the NRM and to grant or refuse applications.
The Act also includes provisions on the presumption of minority for children within the identification process and an appeals process for applications to the NRM that are rejected in the first instance. Where an application to the NRM is refused, the applicant can appeal the decision within 30 days of the decision date of the application.
Reactions and Debate
The US Department of State Trafficking in Persons Report has previously criticised the government for the delays in implementing the revised NRM. The introduction of the NRM has been widely welcomed by stakeholders. Currently, when an identified victim enters the NRM, they are entitled to the following supports: social welfare benefits, assistance with accommodation, civic legal aid, supports for access to education, training and employment opportunities, information on their rights and support with voluntary return to their country of origin. Concerns were reported regarding the lack of detail in outlining these supports in the new legislation and the lack of clarity on whether assistance and supports are conditional on cooperation with criminal investigations and proceedings.
In addition, concern was raised regarding the lack of a specialised procedure for potential victims of human trafficking who are children or a statutory protection from prosecution for victims of trafficking.
While the Act was signed into law this month, preparatory work will be required in order to establish processes and procedures for the referral mechanism.
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