Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I welcome the reintroduction of this important legislation. It was sought and encouraged by many groups and people with direct knowledge of the circumstances surrounding sexual offences. I note with particular interest that the Tánaiste and Minister for Justice and Equality referred to her own experience as a social worker and a former campaigner for women's rights when she said from that capacity she believes it is necessary. It is important we listen to people at the front line of interacting, defending and protecting those individuals subjected to sexual abuse. The categories of people who are subjected to sexual abuse are, to a large extent, children and women. This needs to be recognised in the legislation. Fianna Fáil will be supporting this Bill. However, we may table some amendments on Committee Stage which we believe may strengthen the Bill.

The character of sexual offences has changed in recent times, primarily because of two developments, one new and the other which has been around for generations, namely, technology and migration. The Internet is a great service which provides people with access to knowledge around the world. However, the Internet can also be subjected to legitimate and serious criticism. Its biggest failure is that it has promoted and increased sexual abuse of children. The engine which drives the Internet when it comes to the sexual abuse of children is not sharing knowledge but money and making profit. The Internet provides a forum for criminals who are prepared to abuse children to generate profits.

We have always known that there are depraved people in the world who are prepared to seek to abuse children. One of the downsides of the Internet is that it provides access and opportunity to those individuals to engage in such abuse. There should be no doubt that witnessing or watching child pornography on the Internet is abuse of those children subjected to such sexual abuse. The Internet affords that opportunity to depraved people to engage in that.

People who access child pornography are criminalised. I welcome that this Bill goes further and introduces specific offences in respect of modern technology. In particular, section 8 criminalises the use of information and communications technology to facilitate sexual exploitation of a child, section 11 criminalises the organisation of child prostitution or the production of child pornography, section 12 covers the production and distribution of child pornography, section 13 concerns the participation of a child in pornographic performance, and section 14 relates to the possession of child pornography. Section 13, which criminalises an adult for allowing or getting a child to participate in a pornographic performance, provides for a maximum penalty of ten years' imprisonment, which I believe is too lenient.

The second reason sexual offences have changed in recent years is because of migration. For centuries, we have seen mass migration of people from different parts of the world to other parts. That which has taken place in recent years from Africa and Asia into Europe will go down as one of the great migrations of history. Unfortunately, that migration has also provided opportunities to criminals who wish to abuse women for the purpose of selling them for sexual services. Many vulnerable, young migrant women are arriving in Ireland and Europe. They find themselves in the hopeless economic situation. They are destitute and extremely vulnerable to criminals who sense that vulnerability and who manipulate it for their own financial advantage. Those migrant women are, to a large extent, those who are forced into prostitution.

I have met representatives of organisations in favour of the legalisation of prostitution and who are opposed to the criminalisation of men who buy sexual services from women. They argue from a libertarian point of view that they should be permitted to sell their bodies to men in an ordinary commercial sense. I disagree with their analysis. The women who make that argument, whom I have met for the purposes of this Bill, come from a small minority of the women involved in prostitution. They are not women who are forced into it because of economic circumstances. The majority of women involved in prostitution in this country come from migrant backgrounds, are vulnerable and do not want to be involved in prostitution.

They are being abused by criminals for the purpose of getting money. Those women would be considerably better off if they were protected from the scourge of prostitution by the criminalisation of men who purchase that sex act. Perhaps the most controversial aspect of the legislation is the fact that it will now criminalise the purchase of sex. I think that will protect individuals. Looking at the activity that has been criminalised to date, I also think it is unfair that the prostitute is criminalised. Given where the power lies in that relationship between a prostitute and purchaser, it is clear that the power lies with the latter. The balance of power lies with the person who is purchasing sex and, for that reason, it is only right that the purchaser of sex should be criminalised.

We also need to recognise that we live in a society that places huge emphasis and pressures on young people and sexualises young people at a very young age. Again, the reason young people are being sexualised is because of commercialism, commercialisation and the desire by certain individuals to make money. I do not think we should allow a message to go out to our young people, particularly young men, that it is acceptable for them to purchase another person for sexual purposes in the same way they can go out and purchase a drink, dinner or some new product. It is especially bad for young men to grow up in an environment where they believe it is perfectly acceptable to purchase women for their own sexual gratification. Young men need to be brought up with a view of women that highlights the respect they should have for women. They do not need to be brought up with a view of women that places them as sexual objects. I believe that by permitting young men to purchase sex, we are allowing the presentation of women as sexual objects to continue.

I am not naive. I know that prostitution is the oldest profession in the world. Everyone in this House knows that prostitution will continue after this legislation is passed. That is not a reason not to enact this legislation. It will send out a message that we are prepared to protect very vulnerable women who, because of economic circumstances, are driven into selling their bodies.

Another part of the legislation that I support is Part 3. Section 20 repeals the current blanket ban created by section 5 of the Criminal Law (Sexual Offences) Act 1993, which prevents a person having a sexual relationship with a person who has a mental health difficulty or an intellectual disability simply because they have a disability. Instead, section 20 recognises the differences in ability that exist among people with intellectual disabilities. It creates a category of protected person, which is defined as someone who lacks capacity to consent because a mental or intellectual disability or a mental illness makes them incapable of understanding the nature of the sexual act, of evaluating relevant information to make a decision about taking part in sexual activity or of communicating his or her consent by speech, sign language or otherwise. This part is important because we must recognise that people with intellectual disabilities have a sexuality and their sexuality needs to be recognised. It cannot simply be regarded under our legal system as being redundant.

As I said at the outset, I welcome this legislation. Fianna Fáil will support it. We may tabled amendments when it comes to Committee Stage.

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