The Act establishes a National Referral Mechanism for victims of human trafficking in Ireland.
The Act sets out the procedure for an individual to make an application for identification as a victim of human trafficking. This can be made to a designated competent authority, which includes: An Garda Síochána, the Minister for Justice, the Minister for Children, Equality, Disability, Integration and Youth, the Minister for Social Protection, Tusla, the Child and Family Agency, the Health Service Executive, and the Workplace Relations Commission. Alternatively, applications can be made to a trusted partner, which is a body designated by the Minister.
The competent authority or trusted partner shall decide whether there are reasonable grounds for believing that the applicant is a victim of human trafficking and shall decide whether to refer the case to an operational committee or to refuse the application. Once referred, the individual enters the National Referral Mechanism as a presumed victim of trafficking. The operational committee can grant, refuse or reconsider applications for identification as a victim of human trafficking, as well as decide procedures for applications and relevant indicators to be used by competent authorities and trusted partners, among other things.
The National Referral Mechanism provides a range of supports for presumed and identified victims of human trafficking, including social welfare benefits, assistance with accommodation, civil legal aid, access to education, training and employment supports, information and advice, where the applicant is a child, the services of the Child and Family Agency, and, where requested by the presumed or identified victim of human trafficking, assistance with voluntary return to their country of origin.
The Act also sets out provisions for appeals and a prohibition on deportations.
In addition to human trafficking-related provisions, the Act provides a number of amendments to sexual offences legislation, including provisions around anonymity, separate legal representation, requirements on character evidence, and amendments to military law to provide that cases involving sexual offences are dealt with by An Garda Síochána.
