Other Relevant Legislation
Under the Illegal Immigrants (Trafficking) Act 2000
it is an offence for a person to organise or knowingly facilitate the entry into Ireland of another person whom that person knows or has reasonable cause to believe is an illegal immigrant. The penalty on conviction on indictment for this offence is a maximum of 10 years imprisonment or an unlimited fine or both. This Act is used to prosecute offences which occurred before the enactment of the 2008 Act.
The Sexual Offences (Jurisdiction) Act 1996
allows for the prosecution of an Irish citizen, or a person ordinarily resident in the State, who commits an act in another country which is a sexual offence against a child in that other country and if done within the State, would constitute a sexual offence against a child in the State. The penalties are a maximum of 5 years imprisonment on conviction on indictment.
The Civil Law (Miscellaneous Provisions) Act 2011
amends the Civil Legal Aid Act 2005
and allows the Legal Aid Board to provide victims with legal advice in criminal matters and in particular all through the criminal justice process to ensure that the victim is protected and advised of his/her role as witness. (The 2005 Act permits the Legal Aid Board to give advice in relation to civil matters.)
The protection of children is provided for in the Child Care Acts 1991 to 2007
and in the Children First National Guidelines for the Protection and Welfare of Children
(published in July 2011). These Guidelines will be given statutory effect.
Under Section 41 of the Criminal Justice Act 1999
, it is an offence to harm, threaten, menace or in any other way intimidate or frighten any person who is assisting the Garda Síochána in the investigation of an offence with the intention of causing the investigation or course of justice to be obstructed, interfered with or perverted.
In addition to the Criminal Law (Human Trafficking Act) 2008
, the entire range of statutory employment rights and protections available in Ireland are applicable equally to foreign nationals and Irish workers. Legislation of relevance to suspected victims trafficked for the purposes of forced labour includes the following:
The Organisation and Working Time Act 1997
The National Minimum Wage Act 2000
The Unfair Dismissals Acts 1997 to 2001
The Employment Equality Acts 1998 – 2004
The Employment Permits Act 2003 and the Employment Permits Act 2006 introduced a revised legislative basis for work permits, including penalties for employers for illegal employment of non-nationals. These Acts provide legislative protection against the labour exploitation of non-nationals:
The Payment of Wages Act 1991
The Protection of Employees’ (Part-Time) Work Act 2001
Criminal Justice Response
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