Seanad debates

Wednesday, 18 April 2012

Human Trafficking and Prostitution: Motion

 

6:00 am

Photo of Fiach MacConghailFiach MacConghail (Independent)

I am seconding this motion. I welcome the Minister to the House. His presence is an acknowledgment of the seriousness and commitment he brings to the substantive issue covered in the motion before the House. Just over six months have passed since we debated the possibility of criminalising the purchase of sex. We suggested that such a measure could and would halt the pernicious and degrading crime of human trafficking. Ireland has been the poster boy of Europe in many areas in the past. There is a strong likelihood that the level of acceptance of prostitution in Ireland will make us the poster boy for a degrading and sordid side of society. It would be easy for me to repeat what I said during last October's debate on this issue. However, that would be insulting to the many women who are illegally held captive in our Republic. We owe it to them to bear witness. We need to build on our deeper and ever-increasing understanding of prostitution in Ireland.

During last October's debate, we were promised by the Minister of State, Deputy Kathleen Lynch, that a planned consultation process would be in place "within six months". Nothing has happened since then, other than the broadcasting of two worthy and important documentaries on television. An RTE documentary, "Profiting from Prostitution", showed what one man - Paul Maguire - and a small team of filmmakers could achieve with Irish taxpayers' money. They highlighted and prevented heinous crimes from being committed against women in Ireland. The documentary exposed that prostitution is not just a matter of escort agencies and individual call girls working on their own - it is a massive, sophisticated, military-style operation that is organised by an organised crime syndicate.

We know that resources are one element of the solution. I understand that just 1.5 staff members in the Garda National Immigration Bureau are dealing with this issue. That is meagre when compared to the scale of the problem. As Senator Zappone said, an average of 1,000 people are offered for sex each day through the Internet. Up to 97% of them are migrant woman and, worryingly, some of them are children. Paul Maguire outlined some shocking statistics and facts. He mentioned that 76 of these women are under the age of 26. The level and scale of the movement of these victims is also alarming. An average of 330 of them are moved from city to city or town to town each week. We are moving towards a gradual acceptance and tolerance of prostitution in Ireland. If the Seanad does nothing else in this term other than to assist the Minister in arguing for and supporting his goal of eradicating the growth in human trafficking for the purposes of sexual exploitation in Ireland, Senators will be able to stand proud.

One in 15 men in Ireland purchases sex. The men in question tend to be high-earning professionals. It has been reported that over 60% of them are married or in committed relationships. I said during last October's debate that I am a classic example of such a person, in so far as I am married with children. I said I was the classic punter, so to speak. Having said that, we were told by Paul Maguire this afternoon that there is no particular demographic. Men as young as 19 are involved in this activity. Mr. Maguire mentioned the case of an older man who walked in with his Zimmer frame to purchase sex from a woman. Such cases can be found everywhere in Ireland. In 2011, the Criminal Assets Bureau indicated that the sex industry is worth approximately €250 million per annum. It reported that the average price for sex in Ireland is approximately €150 for half an hour. Paul Maguire of RTE has worked out that a pimp is earning at least €100,000 a week.

Some people argue that prostitution is a harmless commercial transaction between consenting adults and that we should respect the choices of those who willingly choose to become involved in prostitution. This is just not true. It is fair to point out that in the context of an expanded prostitution business, the old concept of consenting adults, which is embedded in the Criminal Law (Sexual Offences) Act 1993, has disappeared and dissolved as a result of the commercialisation of indoor prostitution activity, the normalisation of the act and the commodification of the prostituted person. Women who are involved in prostitution suffer severe physical and emotional harm as a result of having to provide sex to multiple buyers on a daily basis. The Minister is well aware that they are vulnerable to sexually transmitted infections, violent attacks and the threat of violence. They often live under the control of those who run prostitution agencies. They do not know to whom they are expected to provide sex or what might be demanded from them at any moment.

It was suggested at this afternoon's briefing with Paul Maguire and Monica O'Connor that prostitution has become like a takeaway. There are many pages on the Internet setting out what one might order, or what one might want. It can be delivered to one within ten or 15 minutes. Women who are involved in prostitution live lives that are full of fear of violence and anxiety about health and safety. They move from apartment to apartment and from town to town - from Christchurch to Ennis to Cavan to Galway to Dundalk. These are facts. The Government amendment rather patronisingly recognises "the difficulties inherent in reliably estimating the extent of trafficking and organised prostitution" and notes "the various estimates that have been made in that regard". We know the facts. At this stage we need to move beyond them.

I contend that we know the extent and the scale of this problem. Now is the time for action. There is a sufficient body of knowledge, backed up by some indepth research from Ireland, on the issues pertaining to prostitution and sex trafficking. My colleague, Senator Zappone, outlined some of that evidence. The Government must recognise the need for a modern approach to prostitution that reflects best international practice. A central part of this approach must involve tackling the demand for paid sex. I believe the Minister is serious about this. It can be achieved by penalising the purchase of sex, along the lines of the Swedish legislation that has been demonstrated to work. The Government should follow this approach and close the loophole in the existing laws.

Last October, the Minister of State, Deputy Kathleen Lynch, reminded us of the two main aims of the Irish approach to prostitution, as set out in legislation in 1993. She said that the first aim is to protect the public "from the more intrusive aspects" of prostitution. On-street solicitation was criminalised for that reason. The second aim is to protect people who sell sex. It is clear that when the 1993 law was coined, the lawmakers did not have thousands of foreign nationals, most of whom lack proper authorisation to be in the country, in mind. Therefore, this aspect of what was intended when this legal measure was introduced in the 1990s is no longer relevant under the present circumstances.

We ask the Minister to clarify his plans with regard to his commitment to develop effective and appropriate responses to deal with prostitution and trafficking for the purposes of sexual exploitation in Ireland. We would like him to offer a time commitment to us in the Seanad this evening. He should also set out how he might approach this matter, as the Government amendment is confusing in this regard. The bullet points in the amendment mention "a planned public consultation exercise", "a detailed discussion document", "the consultation process", "the Minister's intention to publish a discussion document" and "the current review". We would like clarity on those matters. The most simple thing we are requesting is a committed timeframe for the public consultation process.

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