Clare Daly (Dublin Fingal, Independent) | Oireachtas source

In some ways the discussion is akin to those on tackling the drugs problem. Mandatory sentencing was provided for and the view was that we were going to get the big boys with that legislation, while those at the bottom, the partial victims or users, would escape. However, that did not turn out to be the case. It is the low-lying fruit and the ordinary people at the bottom in any illegal industry who are caught. That is the problem with an approach that involves criminalisation. Our experience in the courts shows how cases have been brought forward. There was a case in County Donegal earlier in the week involving a number of Romanians, none of whom had been trafficked, but they were the ones who had been targeted, with their money. In that scenario who would be liable under this provision? Would it be the brother of one of the women whom the court said had not coerced any of the women but who was helping them and, perhaps, organising protection or whatever else? The problem in bringing forward legislation such as this is the same as the one we encountered with sentences for drugs offences. We might say we do not want ordinary, independent sex workers or those who organise together to be caught up in this, but on the basis of our legislative proposals, they will be. The person who rents the apartment or provides security could suddenly be the one deemed to be organising prostitution. We need to be very careful because of other provisions dealing with brothel-keeping and so on. We should be clear that there is a great deal of legislation dealing with trafficking as a separate issue.