Oireachtas Joint and Select Committees

Wednesday, 12 December 2012

Joint Oireachtas Committee on Justice, Defence and Equality

Review of Legislation on Prostitution: Discussion

4:20 pm

Mr. Liam Doran:

I thank the Chairman and the committee for affording us the opportunity to make this presentation and engage with it on this critical issue.

The INMO is a registered professional trade union which provides a full range of services to more than 40,000 nurse and midwife members. We are affiliated to several national and international organisations, including the Irish Congress of Trade Unions, the National Women's Council and the International Council of Nurses. Our membership is 95% female.

Sr. Stanislaus Kennedy gave the keynote address at the INMO annual conference and received a standing ovation from the 350 nurses and midwives who steadfastly endorsed her position on prostitution and trafficking. The conference adopted a motion of support for the Turn Off the Red Light campaign and called for the introduction of legislation to prosecute buyers of sex. Many other unions have since joined the campaign. The ICTU women's conference and biennial conference carried resolutions condemning prostitution and trafficking.

The INMO rejects in the strongest terms the idea that prostitution is inevitable. It is a common cliché to refer to prostitution as the oldest profession in the world. However, this does not address the physical, mental and emotional suffering that is endured by women in prostitution. The position of the INMO is clear. It is unacceptable for someone to buy another person's body for sexual gratification, exploiting the poverty, past history of abuse or limited life choices of the person being bought. It is gross exploitation which is almost always imposed by men upon women in pursuit of financial gain.

The Irish sex industry is lucrative and has an estimated value of more than €180 million per annum, thus explaining why it is of such growing interest to many. There are more than a thousand women available through the Internet and involved with indoor prostitution. Ireland is a destination country for trafficked women, with a staggering 97% of women available through the Internet being migrants. Many trafficked women are recruited with promises of employment opportunities, often in the hotel industry. Their difficult life-related situations are used as a pathway to a better life when, in reality, they are being condemned to a life of slavery.

The argument that women make a choice to enter prostitution does not stand up to scrutiny. The situation whereby adults, in the absence of any degree of control, duress or lack of alternatives, agree to exchange sex for money seldom occurs. This is not about those rare situations but about those situations where the woman has no control and is used as little more than an object for gratification. The suggestion that the position held by many of the groups here is not evidence-based is erroneous. These are the groups that work face-to-face with these vulnerable people, and they must be listened to by the committee. They know what is wrong and what needs to be done to arrest prostitution. Any claims from those not on the front line of this problem should not swing the committee's review of the proposed legislation. What needs to be done is that the purchaser of sex needs to be criminalised.

Legislation can change attitudes, as is evident from the smoking ban and drink-driving initiatives. Prostitution is exploitative and incompatible with equality.

As a female dominated trade union, we believe this is a most compelling argument to introduce legislation that supports gender equality. This industry is about men, money and menace, nothing more, nothing less.

The Irish Nurses and Midwives Organisation is firmly of the view that any attempt to form a prostitutes trade union would be naive in the extreme and merely give credibility to the mistaken belief engaging in prostitution is a choice. It is not possible to justify calling it a job, given the extreme exploitation and the tremendous physical and emotional damage women involved in prostitution suffer. There is no doubt that such women need significant support, including support to exit prostitution. As part of this process, the Government should ensure sufficient funding is available to the appropriate NGOs to provide such support.

Some advocates believe the total decriminalisation of prostitution, together with the medicalisation of the sex industry with mandatory check-ups and screening for prostitutes, would protect women and provide for more favourable health outcomes. Such an approach would only serve to legitimise prostitution via the health care system and should only be viewed as consumer protection for the buyer. It would do little to protect the health of women and be nothing more than a veneer of apparent respectability for a despicable industry.

Prostitution has a devastating impact on both the physical and mental well-being of those prostituted. It erodes self-esteem and self-confidence and can cause depression and symptoms of post-traumatic stress disorder. The repeated violation of the vulnerable female body for the profit or satisfaction of others is wrong and will always be so. The physical health consequences include bruises, broken bones, black eyes, concussion and many more. Sexually transmitted diseases, including HIV-AIDS, chlamydia, gonorrhoea, herpes, human papilla virus and syphilis, are all prevalent. Infertility, often caused by sexually transmitted diseases, is also evident. Research shows that mortality in prostitution is ten times higher than in the general population. Those involved in prostitution face beatings, rape, assault and degrading treatment. This is the real outcome of prostitution and far removed from the picture painted by those who should know better and those who profit from this industry. Melissa Farley has identified that the trauma sustained by women and girls involved in prostitution is akin to and occurs at the same rate as that suffered by soldiers who have participated in combat. Such a finding is reason enough for immediate action to protect women involved in prostitution against such violation of their human rights.

As a female dominated trade union, the INMO is deeply concerned at the growth of the sex industry, the subsequent and undeniable growing exploitation of women and the repercussions for all women in society. Ireland must legislate to criminalise the purchaser of sex, while also strengthening the penalties imposed on those who profit from this grossly exploitative trade. The comment about the Garda and the availability of resources is valid, but it cannot be used to inhibit change. If we wait for the Garda to have sufficient resources to implement every law, we will be waiting for snow in Havana. We need to do this now. Penalty points were brought forward to stop motorists speeding. These laws must be brought forward to deter people from engaging in the exploitation of women for their own satisfaction or profit. Our legislators must have the courage to act now to protect these vulnerable women and offer them some hope of a real life in which they can be free from their terrible nightmare.

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