Peadar Tóibín
Question:49. Deputy Peadar Tóibín asked the Minister for Children, Equality, Disability, Integration and Youth the actions his Department is taking to combat child trafficking in the State. [14888/23]
View answerThursday, 30 March 2023
Questions (49)
Written answers
Statutory and operational responsibility for the delivery of child protection and welfare services is a matter for Tusla, the Child and Family Agency.
The International Protection Office, An Garda Síochána or the Border Management Unit contact Tusla, the Child and Family Agency, when separated children seeking international protection or unaccompanied minors arrive at an Irish port, to assess the child’s circumstances.
A 'separated child' is someone under 18 years of age who is outside their country of origin and separated from both parents or their previous legal / customary primary caregiver, but may arrive with other relatives or known (non-related) adults, including when those relatives or known adults have been provided with authorisation to travel with or care for the child.
An 'unaccompanied minor' refers to third-country nationals or stateless persons below the age of eighteen, who arrive on the territory of the Member States unaccompanied by an adult responsible for them.
Under Tusla’s obligations re the Child Care Act, 1991, and Children First: National Guidance for the Protection and Welfare of Children, 2015, Tusla considers the risk of harm that a young person(s) may be in, including working with other state agencies on the possibility that the child may have been trafficked.
Tusla’s assessment of the child’s circumstances includes an assessment into how the child arrived in Ireland, and any concerns in relation to child trafficking. Separated children may present for reunification, sometimes with an agent, to be reunified with a family member in Ireland.
If required, the child is received into care until a more extensive child protection and welfare assessment can be undertaken and inter-agency working continues as required. If the outcome of the Social Work assessment is that the child is at risk of harm and should not be reunified with the alleged guardian/parent, then in accordance with Tusla and An Garda Síochána joint working protocol, Tusla forwards notifications of child abuse (indicating suspected trafficking) to An Garda Síochána, who determine if a crime has been committed and any criminal investigations into trafficking is a matter for An Garda Síochána to investigate.
The Government is firmly committed to ratification of the Second Optional Protocol to the UN Convention on the Rights of the Child.
In consultation with the Office of the Attorney General, several legislative measures have been implemented which were necessary to ensure that Ireland is in compliance with the obligations of the Optional Protocol. Enactment of the Criminal Law (Sexual Offences) Act 2017 and the Criminal Justice (Victims of Crime) Act 2017 were significant steps on the pathway to the ratification of the Optional Protocol.
Further smaller legislative amendments relating to the extra-territorial jurisdiction requirements under Article 3.1 will ensure that the State is in compliance with certain outstanding aspects of the Protocol. These amendments are included in the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which underwent pre-legislative scrutiny in December 2022. The Report on Pre-Legislative Scrutiny by the Oireachtas Joint Committee on Justice was published on 8 March 2023 and can be found at www.oireachtas.ie/en/committees/33/justice/. The Report is being reviewed by the Department of Justice and all recommendations therein are being carefully considered as drafting of the text of the Bill is finalised.
The Minister for Justice, Mr Simon Harris, TD hopes to secure government approval to publish the text of the Bill in the coming months after which it will be introduced into the Oireachtas. Once enacted, Ireland should be in a position to ratify the Second Optional Protocol.
The Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022 will also put a revised National Referral Mechanism (NRM) on a statutory footing, making it easier for victims of trafficking to come forward, be identified, and access support.
The NRM is the framework through which the State fulfils its obligations to protect and promote the human rights of trafficking victims, working in partnership with civil society.
The proposed new NRM was approved by Government in May 2021 and is a key component in combating human trafficking. It is a clear demonstration of Ireland’s commitment to identifying and supporting victims of this abhorrent crime and it will strengthen our international reputation in this area.
In addition to this, work to develop a new National Action Plan on human trafficking is advanced.
This whole of Government plan sets out how the multi-agency work to combat this criminal activity and support victims will be taken forward.
The Department of Justice advises that it has engaged with a working group to draft the new National Action Plan high-level goals and outcomes. A draft Action Plan has been prepared and engagement with stakeholders is continuing.
The forthcoming National Action Plan on trafficking will further reflect our commitment to maintain a close working relationship with our colleagues in Northern Ireland, including the development of joint projects where relevant. One of the draft actions of the National Action Plan is to explore how we can further work together to identify key learning points and common themes from victim referrals.
It is expected the new Action Plan will be finalised and submitted to Government shortly for approval to publish.