Denis Naughten (Roscommon-South Leitrim, Fine Gael)

I am speaking to my amendment No. 14 but I also wish to address Deputy Rabbitte's amendment No. 4. He has articulated well the apparent anomaly between the Minister's definitions in this legislation and those in other Acts. It makes sense to clarify this and to accept amendment No. 4 because it is important to deal with protection of children. It is appalling that 65 migrant children go missing from HSE accommodation annually, something we will debate at greater length on the immigration Bill. This amendment, however, is reasonable and adds clarity to the Bill and I hope the Minister will accept it.

My amendment No. 14 is similar to Deputy Rabbitte's amendment but it deals with adults and people who benefit from the services of an individual who has been trafficked. On Committee Stage the Minister said he was prepared to consider this issue before Report Stage. I look forward to his response to the argument put forward there. While the legislation is strong on the individuals trafficking persons, that is not so of those who avail of the services. In most cases the person providing the service is a woman. The person who solicits is guilty of a criminal offence but the user of the service is only liable for prosecution if the provider is a child. We must deal with demand. There will be no financial incentive for people to traffic individuals into, or abuse them in, the country if availing of the services is made illegal.

The Minister quoted the Council of Europe Convention in respect of a previous amendment. Article 19 of the Convention provides for offences relating to persons who use the services of the victims of trafficking. Such a provision in this Bill would be a strong deterrent and would act as a barrier to the proliferation of human trafficking into and through this jurisdiction. It will be difficult to make a successful prosecution but if that were to be the criterion for inclusion in primary legislation many of our Acts would be slim because there are many provisions, some of which the Minister has listed, under which there have been no successful prosecutions. That should not be the criterion. As a parliament we must put down a marker that this practice is illegal, that we are going to deal with it and ensure that the people who avail of such services will be prosecuted.

The Minister also said on Committee Stage that there was no evidence that criminalising the purchase of sex reduces demand that it only displaces it. Since the Swedes criminalised those who purchase sexual services there has been a dramatic decrease in trafficking. The new Swedish law has also sent out a message that purchasing sexual services is not socially acceptable, and that has affected demand.

There is a clear correlation between supply and demand in any market. If the demand dries up supply is redundant. Most societies regard drugs as harmful to individuals but prostitution is equally harmful and the daily work of non-governmental organisations shows that if we criminalise the activities of those who use the service it will have a direct effect on the availability of prostitutes.

Prostitution already is an underground activity in Ireland. One need only consider some of the reports that have appeared in newspapers on the enormous expansion of the prostitution industry, particularly in the past ten years. It has been effected through use of mobile telephones, the Internet, hotel rooms and there even has been an instance of a mobile brothel. Criminalising users would act as a deterrent and also would have an impact on the possible expansion of this practice. I do not agree that criminalisation simply would displace it or force it underground because it already operates underground. Very little prostitution is blatantly open to the public eye at present, apart from in a number of specific locations. However, it is of fundamental importance to lay down a clear marker on the issue of criminalising the use of the service.

I believe Fine Gael has tabled a fairly balanced amendment in this regard. Members now have the opportunity to deal with this issue and I urge the Minister to accept the amendment.

See this speech in context