Alan Shatter (Dublin South, Fine Gael)

I thank the Senators who have tabled this motion. I am conscious that others wish to speak but I welcome the opportunity to update the House on the current review of our legislation on prostitution. I acknowledge the promptness of Senators in tabling this motion on the basis that we are about a week late in fulfilling our promise to publish a document that will form part of a consultative process. Unfortunately, I have discovered as a Minister that no matter how committed one is to an issue, it is not always possible to meet timeframes when one is also dealing with other important legislation. As Members of this House will discover next week, an important Bill dealing with a related area is about to be published which I hope, based on discussions I am having, will first come before this House.

We all agree that, as the motion states, human trafficking for sexual exploitation is a modern form of slavery and an abuse of human rights. We also agree that trafficking and prostitution cause very serious harm. We all share the same objective of dealing as effectively as we can with prostitution and human trafficking and with the harm caused by both.

The motion calls on the Minister for Justice and Equality to uphold the Government's commitment to commence a consultation process with a view to making a decision on whether prostitution legislation based on the Swedish legislative model should be enacted in this jurisdiction. I unequivocally assure the House that our commitment stands and that a detailed discussion document on the future direction of prostitution legislation designed to facilitate the planned consultation process will be published shortly. Drafting of the discussion document is well advanced and the document will be published before the end of May.

Last October, when announcing to this House my intention to conduct a public consultation process, the Minister of State at the Department of Justice and Equality, Deputy Kathleen Lynch, stated on my behalf that I wanted the public debate on this issue to be open to the widest possible audience. I have also published my Department's report on Sweden's legislation to combat prostitution and human trafficking in order to inform public debate on this matter. Prostitution affects individuals, communities and society as a whole. Owing to increasing globalisation, it has become more complex. For that reason, I want to ensure that everyone who wishes to make a contribution to this important debate is given the opportunity to do so. The consultation process will form an integral part of the current review of our legislation on prostitution and help to chart the way forward.

The motion reiterates the call by the Independent Group for the Government to develop effective and appropriate responses to deal with prostitution and trafficking for sexual exploitation. I have no doubt there is scope for improvement in our response to this challenge but I also stress that many of the measures taken in this jurisdiction to address human trafficking have received commendation nationally and internationally. A wide range of measures have been taken and will continue to be taken to prevent human trafficking, prosecute traffickers and protect trafficking victims. These measures include: robust legislation; a national action plan; targeted law enforcement; dedicated anti-trafficking units; consultative structures which reflect a whole of Government response and include NGO participation in a number of standing working groups; a holistic range of supports for victims; broad-based awareness raising; and international co-operation.

I do not propose to dwell on any of these measures at length. However, I would like to say a few words about the dedicated units that have been put in place. First, there is a dedicated anti-trafficking unit in my Department which, working with statutory, non-governmental and international organisations, co-ordinates and implements Government policy and measures to give effect to Ireland's international obligations. Second, there is a dedicated unit in the Garda National Immigration Bureau. This unit takes the lead role in the policing response. I assure the House that the prevention and detection of human trafficking remains a policing priority. It was one of the priorities set out in the police plan for 2012. Third, a team of experts in the Office of the Director of Public Prosecutions deals with prosecutions in trafficking cases. Fourth, a dedicated unit in the Health Service Executive develops and implements an individual care plan for each potential victim of human trafficking and a unit in the Legal Aid Board provides legal advice to victims. In addition, personnel in the new communities and asylum seekers unit in the Department of Social Protection help victims who are not in the asylum system but are granted temporary residence to access a wide range of state services, such as accommodation and other State benefits.

I assure Senators that we are not complacent. Self-evidently, the nature of human trafficking is particularly insidious and constant vigilance is required to ensure that it is recognised and tackled. It is imperative that State agencies and victim support organisations continue to work together to deal with this issue. Effective collaboration will enable preventative measures to continue to be put in place, victims to be protected and perpetrators apprehended and brought to justice. I am firmly committed to ensuring those goals continue to be met, even while understanding the difficulties that arise in effecting prosecutions where allegations of trafficking are made.

Although there is a significant raft of legislation on prostitution, there is scope for reform. The criminal law on prostitution has traditionally had two objectives, which were referred to earlier. The first objective is to protect society from the more intrusive aspects of such activity from a public order perspective. For that reason, under the Criminal Law (Sexual Offences) Act 1993 it is an offence to solicit in a street or public place for the purposes of prostitution. The offence can be committed by the client, the prostitute or a third party, such as a pimp. The second objective of the law on prostitution is to protect prostitutes from exploitation. The 1993 Act makes it an offence to organise prostitution, coerce or compel a person to be a prostitute, knowingly live off the earnings of a prostitute or keep or manage a brothel. Under public order legislation the advertising of prostitution is also an offence. Prosecutions have been successfully taken under the 1993 Act, contrary to the impression given.

I accept that our legislation on prostitution should be reviewed, primarily because of the changed nature of prostitution in Ireland, which was so well described by Senator Zappone. That review has commenced. Prostitution in this country was once mainly a street based phenomenon but that is no longer the case. Most prostitution these days has moved indoors, is highly mobile in character and is easily facilitated by the use of mobile phones and the Internet, particularly in regard to the use of websites.

Garda operations to tackle illegal activities have adapted to address the changed nature of prostitution. The prostitution industry is monitored by the Garda and is the subject of regular targeted initiatives. I would like to mention Operation Quest, in particular. Initially established in the Dublin metropolitan region in 2003 in response to the growth of lap dancing clubs, it was revived in 2005 to target brothel keeping, organised prostitution and the advertising of prostitution. The operation has successfully targeted individuals involved in the organisation of prostitution and led to the seizure of significant amounts of cash and the referral of files to the Criminal Assets Bureau. Operation Quest investigations frequently unearth complex prostitution rings operating throughout this jurisdiction and abroad and have provided the Garda with useful insights into the industry. The operation has been expanded on a regional basis. It focuses on monitoring, gathering intelligence and acting on that intelligence.

I am sure Senators will be aware of another Garda operation in the Limerick area. Operation Freewheel is an ongoing, multi-phase investigation in Limerick Garda division. It was devised in response to identified crime trends and specific complaints of brothel and street-based prostitution from residents and the business community in an area adjacent to Limerick city centre. The initiative focuses on the identification and prosecution of offenders, identifying any possible links to human trafficking and other criminal enterprises, and increasing awareness among those involved in prostitution, particularly women, of the availability of diversion services. This operation has led to numerous arrests, prosecutions and convictions for a range of offences under the 1993 legislation. A number of the recent court cases generated substantial publicity.

The motion rightly states that the trafficking of children for the purposes of sexual exploitation is especially abhorrent. The amendment agrees but also points to the very strong legislative provisions already in place to address such trafficking. It is important that their existence is acknowledged. The Criminal Law (Human Trafficking) Act 2008 gave effect to Ireland's obligations in various international instruments to criminalise human trafficking. The trafficking of children - boys or girls - for sexual exploitation, including prostitution, is a criminal offence and those convicted of such trafficking are liable in this State to life imprisonment. In addition, it is an offence under the legislation for any person to knowingly solicit or importune a trafficked person in any place, public or private, for the purpose of prostitution. This provision was included in the legislation specifically to address demand.

Ireland's legislation on human trafficking for sexual exploitation complies with the EU Council Framework Decision on Combatting Trafficking in Human Beings, as well as Council of Europe and other international instruments.

Where prostitution is concerned, our current legislation applies equally to adults and children, men and women, boys and girls. However, the amendment highlights an important provision which is specific to children. The Criminal Law (Sexual Offences) Act 1993 was amended in 2007 to provide that a person who solicits a child - irrespective of whether for the purposes of prostitution - to commit an act which would constitute carnal knowledge or sexual assault is guilty of an offence. Moreover, in addition to being charged with such solicitation, a person who engages in a sexual act with the child can be charged with serious offences under sexual offences legislation. In these circumstances, consent to the sexual act is not a defence. Such solicitation may occur and may effectively be regarded already as a piece of legislation which targets those who seek to purchase sex.

The motion calls on the Government to introduce legislation criminalising the purchase of sex in order to curb prostitution and trafficking for sexual exploitation. Senators will appreciate that until the consultation exercise is completed, it would not be appropriate for the Government to commit to any particular new legislative approach. The consultation process must be and be seen to be objective, transparent, open-minded and fair. As the amendment recognises, reasonable people disagree in good faith on the appropriate legislative response to prostitution. It is important that I facilitate the expression of all views on this subject and that those views are examined in due course. To provide feedback, I intend to publish a report of the outcome of the consultation process. It is my objective that such a report would be published fairly speedily after the process is complete.

The current review of our legislation on prostitution needs to include a comparative legislative analysis. As indicated in the amendment, that analysis will include further examination of the Swedish model but cannot be limited to exploring the experience in Sweden and the Nordic countries that have followed Sweden's lead. Consideration of the international dimension must also take account of the views of international organisations.

In this context, Senators will be aware - it was mentioned earlier in the debate - that since the Seanad debate in October, the Report of the UN AIDS Advisory Group on HIV and Sex Work was published in December 2011. This report has recommended that states remove criminal penalties for the purchase and sale of sex - neither of which currently arises in this jurisdiction - to establish legal and policy environments conducive to universal access to HIV services for sex workers. I do not propose to go into all of the findings in the report of the group. In any event, they require further examination and some Senators speaking this evening indicated they wanted to give further examination to that report. However, to provide just a brief flavour of the UN report, it expresses concerns about the conflation of sex work and trafficking - a matter to which Senator Norris referred - and the impact that failing to clearly distinguish between the two has on sex workers.

Of course, these impacts will vary from country to country. The report states that:

...the approach of criminalising the client has been shown to backfire on sex workers ... in general, demonising and marginalising clients are approaches that create major barriers to effective HIV programming with sex workers ... these approaches are often adopted with the aim of reducing sex work and also trafficking, but they have not been shown to be effective in achieving these aim ... [and] should be avoided, from both a public health and a human rights perspective.

In the circumstances, it will be important that the current review looks carefully at the UN report - a report that should not be entirely ignored. Of course, this is an issue which also will be of particular interest to the Department of Health.

I have given an undertaking this evening that the discussion document to facilitate the consultation process on the future direction of prostitution legislation will be published before the end of May. I will make an announcement at that stage regarding the arrangements and timeframe for making submissions. I am aware from representations received in my Department that there is significant interest in this issue. I have already indicated on a number of occasions that ample time will be given to allow members of the public prepare and make submissions. However, the time will not be open. The Minister of State, Deputy Kathleen Lynch, and I have agreed that following the commencement of the consultative process after the general public has had an opportunity to make submissions, we will hold a conference in the autumn to discuss the report. The widest possible participation will be encouraged in order that we have an open and transparent discussion on all aspects of this very important issue.

I have also agreed that a report of the outcome of the proceedings will be published and I hope this report can be published before the end of December. I must caution, however, that it is subject to resources having regard to the volume of submissions received and competing legislative demands. If it turns out to be the case that we do not manage to publish it by the end of December and it stretches into the middle or end of January, I hope Senators will give us reasonable leeway.

In that context I wish to say something that may not have occurred to Members but which is already creating substantial work in my Department, which is that on 1 January 2013 we will take over the Presidency of the European Union. That puts extraordinary demands on the staff within the Department of Justice and Equality in the context of a myriad of issues we need to address at a European level, a number of which would be very substantial priorities for Members of this House. They include addressing the proposed European directive dealing with victims of crime to put in place a uniform framework across Europe to ensure that victims of crime, including victims of crime in this area, are treated with uniformity, that their rights are respected and that they are provided with the services they require. The objective is the end of December, but one never can be absolutely certain we will meet that objective within the specific timeframe. I believe it is achievable and hope it will prove to be.

I again thank Senators for raising this important matter this evening. The consultation process will be a substantial element of the current review and I look forward to its outcome. I undertake to return to the Senators when the report of the consultation process has been completed. That report will reflect both the written documentation we receive and the discussion that takes place in the meeting we hope to hold as I mentioned. For my part, and that of the Government, I again assure the House that we are committed to take all reasonable and effective measures to address the evil of human trafficking and the issue of prostitution.

I share a view expressed this evening by one Senator which is that in addressing the issue it is important we provide protection for men and women, boys and girls, who find themselves the victims of trafficking.

It is important that we ensure evil people do not exploit other human beings. It is also important to be aware of the fact that the issue of prostitution is one that, in reality, has been part of the human world going back thousands of years. I am not sure we are going to invent a solution that other countries, going back through the millennia, have failed to find. These are issues of human behaviour and conduct, and we must deal with matters in a manner that does not simply create a legal regime that drives this industry further underground to the detriment of those engaged in it and those who resort to it.

There are issues in the context of human beings being fallible and the extent to which their fallibility results in the naming and shaming to which Senator Norris referred. There is therefore a broad range of complex human issues. As far as I am concerned, as Minister for Justice and Equality, human trafficking should have no place of any description in this State. We need to do everything we can to bring to justice those engaged in it. We need to provide the necessary services for victims of trafficking. We must also deal with these matters in a sensible, comprehensive and effective manner. All these considerations should form part of this debate. I look forward to what I think might be an important and interesting discussion that will arise following the publication of the discussion paper that is in preparation. I hoped it would have been published before now but I am assured by my officials that it will be published by the end of May at the latest.