Michael McDowell (Dublin South East, Progressive Democrats)

No. The payment of money is not the issue. Soliciting a prostitute does not involve paying money. Kerb-crawling would amount to soliciting a prostitute and it was prosecutable as a summary offence. It was not regarded as an indictable offence. It was the division of that offence into two categories that led, I believe, to this particular offence being regarded as a summary offence in the past.

I would draw the House's attention to the fact that we are dealing here — this is a point that will arise later on a Labour Party amendment — with offences under section 2 or 3 of the 2006 Act or an offence referred to in section 2 of the 1999 Act which is sexual assault.

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