Ivana Bacik (Independent) | Oireachtas source

I will be brief. A number of us heard Dr. Whitaker’s presentation previously at the Department of Justice and Equality conference and we have been immersed in the topic for some time. I disagree with Dr. Whitaker’s analysis of the Swedish law. Having read the recent analysis and having visited Sweden and spoken to many of the stakeholders, we have seen strong results in terms of halving the incidence of street prostitution since the law was introduced in 1999. What we have heard and read is that the Swedish model is under serious consideration for expansion to other countries, notably France and this country also. One must bear that in mind to balance out what Dr. Whitaker said.

I also take issue with what Dr. Whitaker said about criminalisation. Under the 1993 legislation, the purchase of sex is not itself an offence. However, all the surrounding circumstances such as loitering for the purpose of prostitution and soliciting are criminalised. The sale and purchase of sex are criminalised in certain conditions when it is done in an organised fashion and indoors. Effectively, clients are currently criminalised. That begs the question of what Dr. Whitaker is advocating. Is the Swedish model not preferable to the current Irish model following her analysis of the negative effects of criminalisation, as it effectively criminalises both parties involved - the seller and the buyer of sex? Dr. Whitaker says criminalisation has negative consequences. If that is the case, is it not better to decriminalise the seller of sex, as in the Swedish model, than our current model? If not, what model does Dr. Whitaker favour?

Prostitution is underground in this country but it must still be accessible in order that people can purchase sex. Numbers must be made available on the Internet and people must be able to know where they can buy sex. It can never be underground to the extent of making it impossible to prosecute. Again, what we heard in Sweden is that it is easier for police to prosecute where the seller of sex is not criminalised and is therefore not herself a target for the police. It is easier then to get the evidence necessary to bring in the people organising the sale of sex – the pimps and traffickers. Surely that is in everyone’s interests no matter what our position on prostitution.