Oireachtas Joint and Select Committees

Tuesday, 21 June 2022

Joint Oireachtas Committee on Justice, Defence and Equality

Ban on Sex for Rent Bill 2022: Discussion

Photo of Barry WardBarry Ward (Fine Gael) | Oireachtas source

I also congratulate Deputy Cian O'Callaghan on this initiative. It is an important hole that needs to be plugged. I endorse what my colleagues have said about consent and its non-transactional nature.

Given time, I will raise a couple of issues. I do not accept what Threshold has said about the extrapolation from the British report. However, given that we know anecdotally that this is happening, will the Department conduct research to establish what the extent of the problem is? Second, Threshold mentioned that in the UK there has been a failure to achieve convictions in relation to its legislation. Can we identify what the issues were? Is it the old chestnut around sexual offences that there are difficulties believing people? How do we address that? I also agree with sending out the message that people will be taken seriously when they bring these offences to Garda attention and potentially in a way that they never have been before. People need to understand there is a listening ear for this kind of thing.

I am conscious of what was said about the extent of the penalty that is available. The point made was reasonable but I understand from Deputy Cian O'Callaghan that there was a certain openness to amendments around that. However, the offence under section 2 does not cover asking where someone simply asks someone to enter into that arrangement. The offence as currently structured refers to a requirement. I think that it is important that we send out the message that any kind of discussion on this subject is not acceptable. If we solely rely on the requirement we are saying that it is okay if someone has the strength and presence and the circumstances to be able to push back and reject the requirement. However, the danger is that a vulnerable person, faced with this option would feel obliged to take it at any level. Is there room in the Bill for simply asking that equally would be an offence under section 2?

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