Domestic violence and immigration law issues brought before Oireachtas Justice Committee

The Immigrant Council of Ireland, as part of the Domestic Violence Coalition, has called on the Government to introduce new laws formally recognising the issue of domestic violence in Irish immigration law. Approximately 10% of the Immigrant Council’s overall caseload involved domestic violence however the Council noted in its submission to the Oireachtas Justice Committee that many victims may not be coming forward for fear that it could impact on their right to remain in Ireland. This fear, coupled with administrative barriers and lack of access to safe emergency housing, can leave people vulnerable to threats, abuse and violence.

In addition to legislative action, the Council called for short term measures to be taken in the form of a coordinated administrative response by the Irish Naturalisation and Immigration Service, the Department of Social Protection and the Health Service Executive. It also welcomed a policy clarification issued by INIS in 2012 regarding the possibility of applying for an independent residency permit for non-EEA nationals who are experiencing domestic violence.

However the Council noted the shortfalls of this guidance, namely its reliance on discretion and the lack of clarity as to what type of status would be granted or the likely processing time for the application. It also cautioned that the €300 fee required for a Garda National Immigration Bureau certificate of registration that is paid after a successful application, was a serious barrier to applicants since many would previously have been financially dependant on their abuser and would therefore struggle to pay the fee. The Council emphasised the importance of continuing social welfare payments for eligible non-EEA victims of domestic violence regardless of the stage of their immigration application and regardless of their current immigration status.

The Council also suggested that the UK experience of introducing and refining a domestic violence concession could provide useful guidance in both the legislative and administrative context. This includes a wide definition of domestic violence, equal application to male and female partners, married and unmarried couples and to opposite and same sex relationships. Fee exemptions, legal aid and flexibility regarding evidentiary requirements were also suggested. Importantly being undocumented should not prohibit making an application as the time taken to appreciate or be advised that there is a remedy available may mean that leave has expired in many cases.

In their submissions the Council also urged the Irish government to sign and ratify the Council Of Europe 2011 Convention on Combating and Preventing Violence against Women and Domestic Violence which has already been signed by 26 members of the Council of Europe. 

Freya Foster

Brophy Solicitors

HUMAN TRAFFICKING BILL

Earlier this month the Criminal Law (Human Trafficking) (Amendment) Bill 2013 was passed through both Houses of the Oireachtas. This Bill was designed to comply with EU Directive 2011/36/EU and criminalises trafficking for the purposes of forced begging and criminal activities. Trafficking for sexual exploitation, labour exploitation and the removal of organs has already been criminalised. The Bill also caters for child victims as it increases the maximum age at which video evidence may be admissible in court from 14 to 18. 

In a press release from the Department of Justice, Minister Alan Shatter said that human trafficking is an ‘appalling crime, a serious abuse of human rights and an affront to the dignity of a person.’ 

The Turn off the Red Light Campaign, a coalition of organisations which campaigns for the end of prostitution and trafficking in Ireland notes that 75% of cases involving human trafficking involve sexual exploitation. The campaign notes that while there were 37 investigations into trafficking for sexual exploitation over the past 16 months, this is probably only a fraction of the actual number of victims trafficked for these purposes. They propose that Ireland adopt a model similar to that of Sweden, where it is a criminal offence to buy sex. They believe that this will undermine demand for trafficking and prostitution, which will have a more direct impact on the €180 million per year sex trade industry.

The Immigrant Council of Ireland reports harrowing stories which detail the systemic abuse that is inflicted on victims of trafficking in Ireland. Deception is a common theme in these reports – many women and girls are encouraged to travel to Ireland to seek opportunities and are then forced into the sex trade upon arrival. The Council, which is a founding member of the Turn off the Red Light Campaign, calls for strong legal steps to be taken to ensure that Ireland is not a ‘soft target’ for traffickers. Ireland has previously been criticised by OSCE and the US Department of State for falling short in this area.

Although this Bill was necessary in order to bring Irish law in line with EU obligations, it may have a muted impact on the elimination of trafficking in Ireland, considering that the majority of reported cases don’t deal with forced begging and criminal activities. The Bill is welcome, but will probably not have the strong preventative effect on trafficking that anti-trafficking organisations believe is necessary. 

Katie O’Leary

Brophy Solicitors