Dr. Teresa Whitaker:

Sex Workers Alliance Ireland, SWAI, was established in 2006. It is an alliance of sex workers, researchers and health and social care providers directly engaged with sex workers. SWAI's mission is to promote the social inclusion, health, safety, civil rights and right to self determination of female, male and transgender sex workers in Ireland. As a priority, we assert that any developments or changes in laws on prostitution should be informed by the voices of sex workers. We trust they will be consulted in this process.

I am a social scientist and an educator. I have conducted research on prostitution for the national advisory committee on drugs and I engage with international organisations on sex work research. I am speaking here on behalf of SWAI.

We welcome the Government's decision to review legislation on prostitution in Ireland. However, SWAI strongly opposes current proposals to introduce the Swedish model of criminalising people who buy sexual services. I will comment briefly on international findings regarding such legislation and its potential impact on health and safety for sex workers and their customers. In Sweden, the law has not succeeded in eliminating prostitution or trafficking. In Norway, the legislation enacted in 2009 has had harmful, unintended consequences for sex workers. The Ministry of Justice surveyed 123 sex workers in Oslo last year. A total of 59% had experienced violence in the course of their work as opposed to 52% in 2008. In addition, 25 sex workers were raped in the last year in Norway. The law had heightened societal disapproval. Harassment had increased. The women felt more criminalised, stigmatised and isolated.

Above all, they were afraid to report the violence and seek support.

As it stands, Norway is considering repealing its law in this area. The UN has stated: "[T]he [Swedish] law has not improved – indeed it has worsened – the lives of sex workers." The Global Commission on HIV and the Law recommends decriminalisation of private and consensual adult sexual behaviours, including voluntary sex work, on the basis that criminalisation serves to "drive people underground, away from essential health services, and heighten their risk of HIV". The World Health Organization and the International Labour Organization also oppose the criminalisation of clients. The Irish Government is committed to reducing the spread of HIV, but the reality is that criminalising clients of prostitution will drive them and the providers underground and away from essential health services, including programmes to eradicate HIV.

SWAI's key concerns regarding proposed legislation relate to its potential impact on the health needs of sex workers and their clients, and the safety and freedom of sex workers. There is concern about the incidence of trafficking into sex work in Ireland. SWAI abhors coercion by trafficking or other means. However, the research to which I referred indicates strongly that while criminalising clients may deter some operations, its main effect will be to drive the industry underground into the hands of criminals, thus making the detection of coercion and exploitation more rather than less difficult. On behalf of SWAI, I thank the committee for the opportunity to present our concerns regarding this significant legal issue.