Helen McEntee (Meath East, Fine Gael) | Oireachtas source

The Deputy proposes to add a number of other offences to the definition of applicable offence contained in the Bill. These are specifically offences that relate to prostitution. As the Deputies will be aware, our sexual offences legislation, which is separate, criminalises the purchase of sex but related activities are also criminalised, such as the organisation of prostitution, living on the earnings of prostitution and brothel keeping as well. While I am conscious that a review is taking place and there are issues that individuals have raised, on some of those they are as currently stated criminal offences. It is important to underline that prostitution in itself is not against the law in this country. It is not an offence so a person choosing to sell sex is not a victim of an offence. Turning to the Deputy's proposed amendment the term "applicable offence" appears in sections 6, 7 and 8 of the Bill. These deal with the exclusion of the public from trials in particular with the anonymity of the victim and with the anonymity of the accused. This is very much a recommendation of the O'Malley report, which looked at protecting victims and vulnerable persons through the criminal process where they are victims of rape or sexual assault. The effect of this particular amendment would essentially confer anonymity during the trial and persons accused of the offences outlined above so if somebody was being accused of organisation of prostitution, living on the earnings of prostitution or brothel keeping, they would have that anonymity too. I am not sure, that may be what the overall intention was but if a person who is a victim of trafficking or who is in prostitution who is in a court process because he or she has been raped or sexually assaulted, it will automatically confer that anonymity on him or her. That is what we are very much trying to do in this section, following on from the recommendations of O'Malley. This particular amendment would allow for individuals who are keeping brothels, who are benefiting from or who are organising prostitution to also benefit from that anonymity and I do not believe that should be the case. They are obviously committing a crime.