Dáil debates

Friday, 3 May 2013

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

 

11:50 am

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent) | Oireachtas source

Last week I attended two committee meetings concerned with human rights abuses. One dealt with a group from Pakistan and bonded labour, which is a form of slavery, and the other considered the collapse of the Rana Plaza and the lack of rights for garment workers in that case. The groups before the committee illustrated how there is complete and utter disregard for human rights in those places. What we are discussing today is also an abuse of human rights, particularly the trafficking of young girls and women, with increasing numbers of young boys also being trafficked.

I have read the reports and submissions on the rights of sex workers and those who have a different view. They made for interesting reading. They make the point that consenting adults have the right to sell or purchase sexual services from other consenting adults and that all adult sex workers have the right to determine whether to remain involved in or leave sex work. They believe that reducing the harm to sex workers and their clients rather than abolishing or prohibiting sex workers is the way to go. They also support the legislation in regard to trafficking. Central to their thinking is that a distinction be made between sex bought or sold between two consenting adults, which is a different matter, and prostitution which arises from trafficking whereby people are forced into selling their bodies for sex. Their call is for the State to regulate, licence and control the sex industry which, they say, would reduce the role of the criminal gangs.

We have heard women in prostitution say that are content to work in this adult business because they believe they are in control. They are keen on the harm reduction model to protect them from violence and disease and for support for those who do want to leave prostitution. They believe the proposed legislation, which proposes to criminalise the purchaser of sex, will have a negative affect on the men and women involved, increase the risk of violence and prevent the already under-resourced Garda Síochána in the fight against trafficking which, in their view, is the bigger issue. They do not believe the Swedish model is as progressive as some would believe it is. They are the arguments of Sex Workers' Alliance, Turn Off The Red Light and Feminist Ire, who are entitled to their opinion. However, that is only one side of the argument.

The article in October 2011 by Dr. Eilis Ward of NUI Galway is interesting. Dr. Ward called in that article for a full, open and mature public debate on this challenging issue. She also made the point that policies must be informed by the reality on the ground and take into account all hidden or unintended consequences of any decision, such as the those we are discussing now. Dr. Ward expressed the concern that criminalising could make women even more vulnerable to harm, would make the industry riskier for them and would result in their being less likely to turn to the Garda for assistance. I have considered this. Far be from me to deny any woman the right to chose what to do with her life or to the right to her own opinion but I believe we must draw the line somewhere. The notion that selling or buying a body is not an abuse of human rights is where I draw the line. I believe it is an abuse. I can accept the difference of view where two consenting adults are involved but the trafficking business and buying and selling of bodies is an abuse of human rights.

It is a sad reflection on our society today that people buy sex. The increase in the number of young men who on a night out make contact with prostitutes via their mobile telephones or the Internet is alarming. I cannot help but wonder if this communication through social media, the Internet and chat rooms, and lack of emphasis on forming relationships and getting to know a person, is an indication of a lack of self esteem and confidence in young men. Another issue is instant gratification. The film "Pretty Woman" has a lot to answer for in terms of the impression it portrays of prostitution. The reality is different. Prostitution is exploitation. It certainly does not do anything for gender equality.

Senior members of the Swedish police force have stated that because the purchase there of sex is a criminal offence the level of women being trafficked into Sweden has reduced. On Garda resources, legislation means comprehensive surveillance and enforcement. There is no point in enacting legislation unless the resources required to enforce it are put in place. Those involved in trafficking, including for the purpose of prostitution, are using sophisticated measures to do so. I hope that the Garda Síochána has the resources to tackle it.

I acknowledge Deputy Pringle's work in bringing forward this Bill. We spend a great deal of time in this House discussing and debating this, that and the other report. In the meantime, the trafficking industry flourishes. It is a billion dollar industry, one based on ruthlessness, exploitation and the complete debasing of women, girls and boys. There are particular social and economic reasons for people getting involved in prostitution. We know, in spite of what people say to the contrary and all the attempts to play it down, that there is a link between prostitution and drug and alcohol addiction. This aspect may not be directly addressed in this legislation.

I acknowledge the work being done by the NGOs, particularly those in Dublin Central where there is a significant level of prostitution. I refer in this regard to Ruhama and Chrysalis and the work they do on projects funded through the North Inner City Drugs Task Force.

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