Ireland is one of many destination countries for women, men, and children trafficked for the purposes of commercial sexual exploitation and forced labor.
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Legislation
In 2008 Ireland first introduced The Criminal Law (Human Trafficking) Act 2008 which became operational on 7 June 2008 and introduced the crime of human trafficking into Irish criminal law. This legislation provides for penalties of up to life imprisonment and, at the discretion of the court, an unlimited fine for trafficking of persons for the purposes of labour and/or sexual exploitation or for the removal of a person’s organs. The 2008 Act builds on the Child Trafficking and Pornography Act 1998 as well. This Act has been amended by the Criminal Law (Human Trafficking) (Amendment ) Act 2013 which will give effect to Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims.
The Child Trafficking and Pornography Act 1998 already makes provision for trafficking of children for the purposes of sexual exploitation. The Criminal Law (Human Trafficking) Act 2008 amends the 1998 Act by including the definition of a child to a person under the age of 18. It also raised the maximum penalty on conviction from 14 years to life imprisonment.
Pending enactment of the Immigration, Residence and Protection Bill, 2010 Administrative Immigration Arrangements were introduced on 7 June 2008. Please note that these only apply to persons who do not have a permission to be in the State. They provide for: a period of recovery and reflection of 60 days in the State for suspected victims of trafficking and in circumstances where the person trafficked wishes to assist the Garda Síochána or other relevant authorities in any investigation or prosecution in relation to the alleged trafficking, a further six months Temporary Residence Permission, renewable, to enable him or her to do so.
US State Department Annual Human Trafficking Report 2015
The US Trafficking Victims Protection Act (TVPA), as amended, requires the US Secretary of State to submit an Annual Report to the US Congress assessing the actions of various countries across the world in the fight against trafficking in persons.
Ireland still retains Tier 1 Status in US State Department Annual Human Trafficking Report as of 2015. Ireland having a Tier 1 status means they meet the minimum standard for the elimination of severe forms of trafficking.
As the Republic of Ireland has been assessed by the State Department as meeting the minimum standard for the elimination of severe forms of trafficking as set out in the US Trafficking Victims Protection Act (TVPA), (as amended) it has retained its top Tier 1 rating in 2015. Ireland has been classified as Tier 1 for the past six years.
As is the norm for all countries, including Tier 1 countries, the Report on Ireland contains a number of recommendations to be implemented going forward. These recommendations are addressed within the context of the development of the Second National Action Plan to Prevent and Tackle Human Trafficking across the world.