Mr. Fergus Healy:

I thank the Chairman and the joint committee for giving me the opportunity to address them on such an important issue. I am looking, in particular, at the ways in which legislation on prostitution could be enhanced to deal more effectively with emerging trends in the prostitution industry. While we are happy to assist the committee in whatever way we can on the operational policing aspects of the matter, it would not be appropriate to answer questions on Government policy. That would include an expression of views on any legislative model which it might be appropriate to apply in the future.

The Garda has targeted on-street prostitution, particularly following the enactment of the Criminal Law (Sexual Offences) Bill 1993 which criminalised soliciting, importuning and loitering for the purposes of prostitution or the commission of sexual offences in public places. The legislation has reduced dramatically the number of persons engaged in on-street prostitution in the past decade. Organised prostitution - or off-street prostitution - has advanced, with the expansion of technology to the extent that the majority of the industry relies on the Internet and mobile phone technology to facilitate the smooth running of illicit operations. The faceless nature and mobility of these technologies have created difficulties for investigating gardaí.

In the past decade the Irish escort industry has become a destination of choice for working prostitutes, mainly on foot of the economic boom and the expansion of the European Union. During this time, people engaged in the prostitution industry in Ireland were earning three times the rate for those working in other European jurisdictions. This resulted in an estimated 800 female prostitutes advertising their services via the Internet on a daily basis within the jurisdiction. Prostitution services are offered and available in every county within the jurisdiction.

Criminal proceedings and conviction rates under the Criminal Law (Sexual Offences) Act 1993 in 2010, 2011 and 2012 are as follows. In 2010 there were 65 prosecutions, leading to 21 convictions in respect of the offence of brothel keeping; seven prosecutions for organising prostitution, resulting in three convictions; 102 prosecutions for soliciting and importuning prostitution, with 19 convictions; 21 prosecutions for loitering for the purposes of prostitution, with 12 convictions; and seven prosecutions for living off the earnings of prostitution, with one conviction. In 2011 there were 62 prosecutions for brothel keeping, with 17 convictions; three prosecutions for organising prostitution, with one conviction; 107 prosecutions for soliciting and importuning prostitution, with 19 convictions; 35 prosecutions for loitering for the purposes of prostitution, with 17 convictions; and four prosecutions for living off the earnings of prostitution, with one conviction. In 2012 there were 47 prosecutions for brothel keeping, with eight convictions; one prosecution for organising prostitution and one conviction; 46 prosecutions for soliciting and importuning prostitution, with three convictions; 16 prosecutions for loitering for the purposes of prostitution, with no conviction to date; and two prosecutions for living off the earnings of prostitution, with no conviction to date.

By its nature, prostitution affects the wider community because of the manner in which it is conducted, particularly when conducted in public places. However, the main source of advertising for prostitution is the Internet, while one-to-one contact between prostitutes and potential clients is conducted via the mobile phone network. It is suspected this may evolve to social networking sites or other communications media in the near future if it has not already happened. The Department of Justice and Equality discussion document on the future direction of prostitution issued in August 2012 seeks responses on how the criminal law on prostitution addresses the rights of communities and society generally.

Chapter 1 of that report acknowledges that prostitution has largely moved indoors since the last major review of prostitution legislation enacted in the Criminal Law (Sexual Offences) Act 1993. An Garda Síochána has long since held the view that two of the most vulnerable groups in society are, foremost, children and vulnerable persons, and, second, those who find themselves the victims of the prostitution trade or, as the document refers to them, sex workers.

An Garda Síochána would regard the introduction of an anonymity provision for vulnerable witnesses as greatly assisting investigations because it would curb or, at least, alleviate the fear of media exposure. A number of legislative provisions already are in place in this area - section 7 of the Criminal Law (Rape) Act 1981 and section 11 of the Criminal Justice (Human Trafficking) Act 2008. These provide reassurance that witnesses would not suffer further stress or trauma or exposure to the media in any subsequent prosecution which might be initiated.

Throughout the past decade the level of prostitution has significantly increased within the jurisdiction. Garda operations have been conducted, for example, Operation Gladiator and Operation Quest, to investigate the prostitution industry specifically within the Dublin region. Both operations were conducted at different times within the past decade. An analysis of them concluded that mobile telecommunications advances had contributed significantly to the expansion of the industry. Brothels and escort agencies advertise their services on numerous sites and provide their contact details, usually mobile phone numbers through these sites. On contacting these numbers a person can arrange a call-out service to a nominated address or, alternatively, receive directions to a specified address. These facts are supported by operational experience, as well as on foot of evidence from numerous witnesses who have provided statements in Garda investigations.

To highlight the significance of mobile telecommunications within the industry it is proposed to detail briefly an investigation which was conducted into prostitution. A surveillance operation was put in place in respect of a brothel operating in Dublin in which there were upwards of 16 working prostitutes. During the course of the surveillance operation several witness statements were taken from patrons who had just exited the brothel. All those interviewed stated they had rang a mobile phone number and received directions to the brothel. Following the surveillance operation, the premises was searched. A number of follow-up searches were carried out, including a search of a particular apartment which had been identified as a call centre. At this apartment 35 mobile phones were recovered, 27 of which were pre-paid and the phones were being used exclusively for the purposes of organising habitual prostitution. Extensive documentation supporting this fact was also recovered. The phones corresponded to a number listed on websites and some of them also corresponded to numbers given in statements by clients. Further investigation revealed 14 of the 27 pre-paid phones had been reactivated by the user. The same numbers were again used for the purposes of organising habitual prostitution. The investigating gardaí soon came to realise that the phones were the lifeline of the particular prostitution enterprise and very valuable assets to the perpetrators of such crime. Some of the numbers have over the period of time been used to establish a cohort of steady clientele. Without these phones the majority of brothels would cease to function.

The organisers of prostitution have historically operated within the jurisdiction in the belief An Garda Síochána would sporadically target the industry. A noticeable change in the industry has occurred in the past two to three years with an increase in the number of foreign nationals associated with the running of the prostitution business in the jurisdiction. Some of these individuals are associated with organised crime groups both in the jurisdiction and their countries of origin. It is highly probable that a large percentage of the moneys generated from the industry is being redeployed into organised crime groups, domestically and internationally.

An Garda Síochána looks forward to co-operating with the committee and the Department of Justice and Equality in identifying ways to enhance the legislation dealing with the prostitution industry in Ireland.