Denis Naughten (Roscommon-South Leitrim, Fine Gael)

I thank the Minister of State for the amendments and his explanation. He is correct that the Minister undertook on both Committee and Report Stages to draft an amendment to criminalise those who avail of the services of a trafficked person on the basis that it would send a clear message. I accept this will not be an easy provision to enforce but the offence of trafficking will not be easy to enforce either. That it will be difficult to enforce does not mean it should not be proceeded with.

I read the Minister of State's comment in the Seanad with interest. It is important that he acknowledged, "the provision is not merely a decoration to the Bill that is intended as some form of moral judgment or a sigh of disapproval in respect of those who have sex with a trafficked person. It would be bad law and bad practice to create such offence which would be impossible to enforce but it is the case that this largely applies and extends current laws on soliciting to an area that can be employed specifically to target the users of sexual services of trafficked persons". That is the objective of the amendment we tabled on Committee and Report Stages.

I acknowledge the role of Ruhama in amendment No. 2. The organisation first suggested the tabling of such an amendment and I compliment those involved. There is a clear correlation between supply and demand in all markets. If the demand dries up, the supply is redundant. For example, like most societies, we have sent a clear message that drugs are harmful to individuals. They have been banned and criminal provisions are in place. Prostitution can be as harmful to elements of our society as trafficking. Inserting this provision in legislation will send a clear message from the House.

It is a matter of concern for organisations such as Ruhama and the Rape Crisis Centre which deal with this issue on a daily basis that the people involved in the industry are getting younger and there is a greater demand for young foreign women who travel to Ireland, many of whom, it is strongly suspected, are being trafficked to be exploited.

The amendment proposes that soliciting or importuning a trafficked person for the purposes of prostitution will be outlawed and the person could receive a jail term of up to five years. The objective of the provision is to make it illegal for the beneficial recipient of these services. From a legislative point of view, this will mean for the first time in Ireland someone who avails of such services will be criminalised. A number of Senators felt we were not going far enough with the amendment and the purchase of sexual services in general should be criminalised. On Committee Stage, the Minister stated it is a more complex area, which perhaps should be examined. The Minister of State should consult his senior colleague about an all-party group to examine this issue to establish whether legislation could be introduced in this area. It is not as black and white an issue as some of us perceive it but we are moving down that road with the amendment. Our colleagues in the Upper House would like further provisions in this area. Perhaps now is the opportune time to deal with it.

Historically, the perception was women were punished for this crime. Many engage in prostitution for financial reasons and they may be forced into it through a drug habit or so on. The women who are the subject of this legislation are forced into position as a result of being trafficked by serious criminals who are not only involved in the trafficking of women and children but also the trafficking of drugs and arms. Many of the women become slaves. It has been suggested the legislation is addressing modern day slavery. I hope the amendment will help to significantly reduce the number of people illegally trafficked throughout Europe and that it sends a clear message from this jurisdiction.

The amendment is a significant breakthrough in combating prostitution in general. It is not currently a crime to pay for a prostitute and the amendment, hopefully, will result in prosecutions in this area, which will curb the illicit trafficking of humans. I commend the amendment to the House.

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