Dáil debates

Friday, 3 May 2013

Criminal Law (Sexual Offences) (Amendment) Bill 2013: Second Stage [Private Members]

 

11:40 am

Photo of Mary Mitchell O'ConnorMary Mitchell O'Connor (Dún Laoghaire, Fine Gael) | Oireachtas source

Some sex workers are trafficked while others are not; some are coerced while others are not; some are minors and children but thankfully, most are not. A small group of women report that they entered the sex trade willingly and for them it was a lifestyle choice. I do not judge but I do find it hard to fathom. We have to acknowledge that some women, although a minority, actively choose to enter the profession, if one can call it that. At an average of €150 for half an hour or €250 for an hour, it might appeal to some. Some escorts and prostitutes make a great living. They live very comfortable lives. However, for many others, the story is dramatically different and such women make up the vast majority of sex workers. Their pathway into the sex trade involved no choices, no personal reflections and no decisions. Some know of no other life. Some were reared to be pimped out. Some were brought to Ireland on the promise of a better life.

I find it hard to accept that one person can be purchased for the gratification of another. It does not sit right with me. I find it impossible to accept when the individual concerned is trapped in this role, trapped by the physical environment and trapped by fear or psychological issues. Legislation, as it stands, provides for partial criminalisation of prostitution. It does not cover the buying and selling of sex, which is protected by the current law based on the rationale that it is a private contract between two consenting adults. The key word is "consenting" and as I have said already, many sex workers are trapped in their role of prostitute and there is no consent. For the most part, the legislation is outdated and ineffective. The Criminal Law (Human Trafficking) Act 2008 was a positive step forward. That Act makes it an offence knowingly to solicit or importune a trafficked person, in any place, for the purpose of prostitution. However, the key word in this instance is "knowingly", which sets a very high burden of proof.

The nature of prostitution has changed dramatically in recent years. Much like the consumption of pornography, the sale and supply of prostitutes over the web has rocketed. On 6 February 2012 there were 1,124 women and girls available for sale on the internet, 481 of whom were available in the Dublin region. I must admit that my image of a purchaser of sex was always a person who was socially awkward, a bit of an odd ball, a person who was physically or morally unattractive. I am very depressed after reading some research studies which indicate that the men who buy sex from women tend to be highly educated, have incomes in the middle range and are employed in professional occupations. The studies also indicate that 61% of purchasers are married or in a relationship. The most depressing fact of all is that one in 15 men in Ireland reported that they buy sex. Based on that finding, if this Chamber was full, there would be a potential 11 purchasers of sex among us. I would like to think better of men than that but the research indicates that I am being naive.

I am sure there are numerous studies explaining what leads men to purchase sex but I believe pornography has a lot to answer for, especially as it is so readily available now. Pornography regular pops up - no pun intended - during innocent Internet surfing. Degrading and unrealistic images are all pervasive and there is an enormous amount of violent pornography available. Pornography creates false notions about what people in healthy sexual relationships do. It creates false notions about what women, in particular, desire sexually.

Basically, it creates false expectations and when the expectation is not met, people look away from a partner. Often, the only way to meet this expectation is by purchasing sex, which is a sad reality. Make no mistake about it, Irish men are purchasing sex from vulnerable women. It is disgraceful, incomprehensible and scandalous that Irish men are involved with paedophilia. We need a two-tier approach in solving the problem that will tackle the availability and consumption of pornography. We must promote what it means to be in a healthy and loving sexual relationship.

I will not be supporting the Bill today but I sincerely thank Deputy Pringle for opening the debate in the Chamber. Nevertheless, the legislation is premature. I commend the work of the Turn Off the Red Light campaign but the process of public deliberation has not yet been concluded. I want the opportunity to hear from the women who know this issue intimately, and I want to see the report of the Oireachtas Joint Committee on Justice, Defence and Equality. Hundreds of submissions have been made by the public to the committee. I am no expert and my views today are based on very limited research. I want to hear formally the hundreds of submissions and the considered report of the Oireachtas committee before voting on the proposed Bill. The people of this country, and specifically the women, deserve better, so I will await the report from the joint committee, which is sensible.

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