Liam Herrick

In a letter to justice minister Jim O’Callaghan, IHREC, in its role as Ireland’s independent National Rapporteur on Trafficking in Human Beings, calls for urgent clarification on the future of the statutory National Referral Mechanism (NRM), provided for in the Criminal Law (Sexual Offences and Human Trafficking) Act 2024.

The Commission is also raising concerns that Ireland missed the deadline to transpose the amended EU Anti-Trafficking Directive and that changes to housing legislation could create further barriers to safe accommodation for victims.

Chief commissioner Liam Herrick said: “Ireland has spent more than a decade acknowledging the need for an effective system to identify and protect victims of trafficking. Legislation to deliver that system was enacted in 2024. We are deeply concerned that the government now intends not to commence it in its entirety.

“Behind these decisions are people who may have experienced violence, coercion and exploitation. Someone escaping trafficking should not have to navigate fragmented systems or face uncertainty about whether they will be recognised as a victim and where they can find safety.

“The government must explain its change of approach and demonstrate how it will meet its legal obligations to protect victims.”

In 2015, the High Court found the State’s existing mechanism was inadequate in meeting Ireland’s obligations under EU law to identify and protect trafficking victims. The current mechanism leaves the identification of victims solely to An Gardaí Siochana, yet victims are often fearful of engaging with State police for myriad reasons. A victim may, however, first come to the attention of healthcare, child protection, education, immigration services or civil society. Currently these actors can refer cases to the Garda but do not have a role in the formal identification of victims of trafficking

The statutory NRM was intended to establish clear procedures for trusted agencies and civil society organisations to identify victims, referring them to specialist services and coordinating the work of State agencies and CSOs.

The current reliance on administrative provisions rather than a binding legal process has created severe structural, practical and legal gaps, which the new statutory NRM was long expected to address.

 The current administrative provisions do not provide the formal and binding referral mechanism which is required by EU law. As a result of the failure to implement the 2024 Act, Ireland continues to fail in its positive obligations to identify, protect, and assist victims of trafficking, including children.

IHREC understands that concerns about resources, operational constraints and also fears about a potential abuse of the process by international protection applicants may be influencing the government’s position.

However, evidence from the UK cited in the Commission’s letter shows that just 19 of 59,512 referrals to its National Referral Mechanism (0.03 per cent) since January 2023 resulted in disqualification on grounds of so-called ‘bad-faith’ reporting.

Mr Herrick said: “We must recognise that exploitation does not always look the way people expect. A person coerced into criminal activity may be treated as an offender, while a child groomed by a criminal network may be punished without the exploitation behind their actions being recognised.

“That is why early identification matters. A properly coordinated system must ensure that victims are recognised and supported, rather than left to navigate complex procedures on their own.”

Ireland also missed the 15 July 2026 deadline to transpose the amended EU Anti-Trafficking Directive, which strengthens victims’ rights to specialised assistance, support and safe accommodation, regardless of nationality or residence status.

IHREC remains concerned that the proposed legislation intended to transpose the Directive does not adequately meet its requirements. The Commission has also warned that provisions in the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026 could affect victims’ access to short- and long-term accommodation.

Mr Herrick said: “Escaping exploitation does not automatically mean a person is safe. Access to secure specialist accommodation and appropriate support is essential to allow them to leave dangerous situations, prevent further harm, and help victims rebuild their lives.

“The State must ensure that people who have experienced trafficking are not confronted with additional barriers when they seek protection. Ireland’s legal commitments must translate into practical support.”

The Commission is seeking clarity from the minister on whether the statutory NRM will proceed, the reasons and evidence underpinning any change of approach, and the timeline and arrangements for any alternative system.

The Commission is also calling for a clear timeline for transposing the EU Directive, a coordinated response to accommodation barriers, and meaningful consultation with IHREC and specialist civil society organisations.