Oireachtas Joint and Select Committees

Wednesday, 7 December 2016

Select Committee on Justice and Equality

Criminal Law (Sexual Offences) Bill 2015: Committee Stage

9:00 am

Photo of Clare DalyClare Daly (Dublin Fingal, Independent) | Oireachtas source

I am surprised from a procedural point of view that the amendments were allowed while ours were not. I have no problem with the amendments and want to discuss them, but I note that technical point It strikes me as strange in circumstances where the amendments are incredibly vague and aspirational without specific times or targets being set, whereas ours were not like that. Nevertheless, they were ruled out of order. I am happy to discuss the amendments because they highlight the one-sided nature of the debate on these issues and constitute an exposé of the Bill's shortcomings.

Much of the debate on the move to criminalise the purchase of sex has been moralistic and judgmental, with little attempt to understand from where prostitution comes. The idea is that all sex work is discriminatory against women, violent and harmful to society and that if we outlaw it, it will be reduced or go away and that everything will be great. In reality, it is a very complex field. There is no doubt that gender discrimination is a contributory factor, but social exclusion, poverty, racism and such issues are equally contributory factors. If we are serious about limiting the harm caused, improving the lot of sex workers and giving them an out, we have to address all the reasons they become involved in sex work. In concentrating too much on certain issues we are denying the narrative of thousands of sex workers worldwide who argue that they have made a choice. It might not be a great one and many of them see that it might not be the best one, but if they had other options, they would make another choice. However, concentrating on criminalisation will not help them.

If we are serious about tackling this issue, we will need to concentrate on migration issues, education, employment issues and all the rest, but they are matters of social and political policy and, sadly, the direction of the Government is away from this. Many of the organisations at the coalface which deal with these groups, including HIV Ireland and Migrant Rights Centre Ireland, are fully opposed to the criminalisation of the purchase of sex. The Minister said she had been lobbied strongly by the Sex Workers Alliance, but that is like lobbying David and Goliath. Sex workers have had to fight to organise themselves to have their voices heard against the monolithic viewpoint that the criminalisation of the purchase of sex will cure all ills. Many views have changed since the legislation was originally mooted and many of the organisations which had initially signed up to Turn off the Red Light have actually changed their views and pulled their support from the criminalisation of the purchase of sex in the light of evidence. Criminalisation will not address any of the reasons that cause people to engage in prostitution. All of the other factors whereby people are compelled or trafficked into it are illegal. There is no forum, but it exposes the fact that the game in town was not really about this. It will not help people to exit prostitution either.

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