I propose to take Questions Nos. 641 and 642 together.
Ireland has in place a comprehensive legislative framework to address the exploitation of children, including trafficking, grooming and criminal exploitation. This operates alongside the child protection system to ensure that children who are victims of exploitation are identified and supported appropriately.
The classification of any presumed victim of human trafficking is determined by the specific facts and the available evidence, including whether the legal criteria for trafficking, such as recruitment, control and exploitation for criminal activity, can be established to the required standard. Where those criteria are met, the case may be identified as trafficking. Where they are not, other offences or child protection responses may apply.
Under Irish law, a child who is recruited or controlled for the purpose of criminal exploitation may meet the definition of a victim of human trafficking. Conduct often described as grooming may form part of that process. However, whether trafficking is established depends on the evidence in each individual case. Child exploitation, including child trafficking, is addressed within a broad safeguarding framework in Ireland, with a range of legislative and child protection mechanisms supporting the identification and response to the exploitation of children.
Taken together, these frameworks provide multiple routes through which concerns relating to the exploitation of children can be identified, assessed and responded to by the relevant authorities. The existence of these overlapping frameworks does not preclude the identification of a child as a victim of trafficking where the legal threshold is met.
Work is ongoing on a revised National Referral Mechanism for victims of human trafficking, with a view to strengthening the identification and support of victims. As part of this process, consideration is being given to ensuring clarity in the identification of all forms of exploitation, including the criminal exploitation of children by organised groups. The intention is to support consistent identification across agencies so that individuals who meet the legal criteria for trafficking are appropriately recognised and referred for support.
Under existing law, a child who is exploited for criminal activity may already meet the definition of a victim of human trafficking, depending on the circumstances of the case. The proposed revision of the National Referral Mechanism is therefore intended to strengthen operational guidance and consistency in this regard, rather than to alter the underlying legal definition.
Offences under the Criminal Law (Human Trafficking) Acts and offences such as grooming are distinct in law and carry different penalties, reflecting the differing nature and gravity of those offences as determined by the Oireachtas. Trafficking offences, in particular, attract significant penalties, recognising the seriousness of the exploitation involved.
With regard to sentencing, decisions on how cases are investigated and prosecuted fall to An Garda Síochána and the Office of the Director of Public Prosecutions, which are independent in the performance of their functions. Both adhere to established guidelines in determining the appropriate charges in each case, based on the available evidence.
The non-punishment principle is recognised in practice. This principle provides that victims of trafficking, including children, should not be prosecuted for unlawful activities they have been compelled to commit as part of their exploitation. This approach is reflected in prosecutorial guidance and supports the appropriate treatment of trafficked children as victims.
Directive 2024/1712/EU amends Directive 2011/36/EU on preventing and combating trafficking in human beings. The General Scheme of the Criminal Law (Sexual Offences, Domestic Violence and international Instruments) Bill 2025 contains legislative amendments to broaden the definition of exploitation in the context of human trafficking to explicitly include the exploitation of surrogacy, of forced marriage, or of illegal adoption, as required by the Directive. Work on the Bill is being progressed in conjunction with the Office of Parliamentary Counsel.
I will continue to keep these matters under review, including in the context of ongoing work to strengthen the identification and protection of victims of trafficking.
