Ireland misses deadline to expand human trafficking laws

The Criminal Law (Sexual Offences, Domestic Violence, and International Instruments) Bill 2025 was originally intended to include the three key aspects of exploitation. Stock picture: Alamy

A deadline for expanding Ireland’s human trafficking laws to include forced marriage, surrogacy exploitation, and illegal adoption as forms of exploitation has passed without the changes being introduced.

The three elements were to be transposed into the definition by last Thursday, which was World Day Against Trafficking of the Person.

The general scheme of the Criminal Law (Sexual Offences, Domestic Violence, and International Instruments) Bill 2025, published last October, proposed the changes as part of Ireland’s implementation of an EU directive.

However, the Department of Justice confirmed the move still has not been made, outlining that drafting of the legislation is under way.

A 2022 report from migrant women’s group AkiDwA found that early and forced marriages are taking place in Ireland — but they said there is no information on how many forced marriages are taking place here every year.

Private adoptions, forged birth certs

In 2024, the Irish Examiner revealed that Facebook groups based in the UK were offering to arrange private adoptions and forged birth certificates for a fee of £1,900 (€2,240) to Irish families.

Meanwhile, the Irish Human Rights and Equality Commission, which is the special rapporteur on human trafficking, previously termed the exploitation of surrogacy as “one of the most concerning novel and emerging forms of trafficking”.

A spokesman for the Department of Justice said: “Section 7 of the Criminal Law (Sexual Offences, Domestic Violence and International Instrument) Bill 2025 provides that the definition of ‘exploitation’ set out in the Criminal Law (Human Trafficking) Act 2008 will be amended to encompass the exploitation of surrogacy, of forced marriage or of illegal adoption.

“The general scheme of the bill was published in October 2025 and drafting of the legislation is under way in co-ordination with the Office of Parliamentary Council.”

The statement added: “Section 8 of the Criminal Law (Sexual Offences, Domestic Violence and International Instrument) Bill 2025 provides for an offence of knowingly using the services of a victim of trafficking.”

JP O’Sullivan, the programme manager of the Mecpaths anti-trafficking organisation, said that the missed deadline is “an additional delay in the Government’s recurring response to human trafficking”.

He said: “There are significant gaps between legislative and policy commitments and their practical implementations.

“Over the past number of years, significant time investment has been made by many agencies working with vulnerable adults and children — but a cross-department, all-of-government approach is required as well as a meaningful commitment to meet deadlines and obligations.”

IHREC's letter to Jim O’Callaghan

In recent days, the Irish Human Rights and Equality Commission (IHREC) has written to justice minister Jim O’Callaghan, in its position as special rapporteur.

The correspondence raises concerns at the progress in tackling human trafficking, including the introduction of the national referral mechanism on the identification of victims.

IHREC chief commissioner Liam Herrick said: “For people who have experienced the crime of human trafficking, being identified as a victim quickly and having access to safe and appropriate accommodation and support are essential.

“We are increasingly concerned that delays in identification and a lack of a transparent and consistent process are impacting negatively on vulnerable individuals.

Mr Herrick added: “These could be rectified by the commencement of existing legislation on the statute books for two years but with no clear timeline for implementation.

“We are also aware of a worsening accommodation situation, particularly for victims of trafficking who are not within the international protection system.”