Paul Bradford (Fine Gael)

I move amendment No. 1:

To delete all words after ''Seanad Éireann'' and substitute the following:

"--- deplores the trafficking of persons, and in particular the trafficking of children, for sexual exploitation;

--- acknowledges that the Minister for Justice and Equality and the Government are determined to ensure that everything that can possibly be done to combat prostitution and human trafficking will be done;

--- notes the extensive package of legislative, administrative and other measures undertaken in recent years to prevent trafficking in human beings, protect victims and prosecute offenders;

--- further notes that Ireland's legislation on human trafficking for sexual exploitation complies with the EU Council Framework Decision on Combating Trafficking in Human Beings, Council of Europe and other international instruments and that the penalties in this jurisdiction for human trafficking are severe;

--- notes the conclusions of the December 2011 Report of the United Nations AIDS Advisory Group on HIV and Sex Work, which recommends that States remove criminal penalties for the purchase and sale of sex to establish legal and policy environments conducive to universal access to HIV services for sex workers;

--- notes that under the Criminal Law (Human Trafficking) Act 2008 it is an offence to knowingly solicit a trafficked person in any place, public or private, for the purpose of prostitution;

--- notes that under the Criminal Law (Sexual Offences) Act 1993, it is an offence to organise prostitution, knowingly live off the earnings of prostitution, or keep or manage a brothel;

--- notes that under the 1993 Act, as amended, any person who solicits or importunes a child, whether or not for the purposes of prostitution, to commit an act which would constitute carnal knowledge or sexual assault, is guilty of an offence, and that a person who engages in a sexual act with the child could be charged with serious sexual offences;

--- while recognising the difficulties inherent in reliably estimating the extent of trafficking and organised prostitution, notes the various estimates that have been made in that regard;

--- acknowledges the concerted efforts, including targeted operations, which have been made, and which will continue to be made, by the Garda Síochána to vigorously investigate and prosecute alleged human traffickers;

--- notes that because of the possible involvement of criminal gangs in human trafficking, such Garda operations can be supported by specialist assistance provided by units such as the Criminal Assets Bureau, the Garda National Immigration Bureau, and the Garda Bureau of Fraud Investigation;

--- in supporting all reasonable and effective measures to curb prostitution, recognises that any proposal to criminalise the purchase of sexual services within our legal and constitutional framework raises complex issues and requires very careful examination;

--- acknowledges that there are differing and genuinely held views on the appropriate legislative response to prostitution;

--- notes that on 17 October last, in order to inform public debate on this matter, the Minister for Justice and Equality published his Department's report on Sweden's legislation to combat prostitution and human trafficking;

--- acknowledges the Minister's announcement, on the same date, of a planned public consultation exercise to help inform the future direction of legislation on prostitution, thus ensuring that public debate on this sensitive issue is open to the widest possible audience;

--- notes that a detailed discussion document to facilitate the planned consultation process is expected to be published shortly and that the Minister will make an announcement at that stage regarding the arrangements and time frame for making submissions;

--- agrees that a report of the outcome of the consultation process should be published;

--- notes that legislative measures taken in other jurisdictions, including the 'Swedish model', should and will be examined in the context of the current review of prostitution legislation;

--- welcomes the Minister's intention to publish a discussion document on the future direction of prostitution legislation before the end of May and looks forward to the outcome of the consultation process;

--- further notes that when the current review, including the consultation process is concluded, the Minister will bring any legislative proposals to Government in the

usual way.'".

I welcome the Minister to the House again. As those who proposed this motion said, we previously contemplated this matter on 12 October last. I recall that at the end of that debate, there was a general level of satisfaction when it appeared to be the political position that certain political progress would be made over the months to come. It was suggested that the Minister would report back to us and it was hoped that he would be in a position to announce some changes. I recall that one of the Independent Senators - perhaps it was Senator van Turnhout - warned us that unless we kept strictly to that six-month deadline, a further motion would be brought before this House. This motion has been proposed now that the six-month timeframe has elapsed by a week or so.