Dáil debates

Wednesday, 5 October 2016

Criminal Law (Sexual Offences) Bill 2015: Second Stage

 

8:45 pm

Photo of Fiona O'LoughlinFiona O'Loughlin (Kildare South, Fianna Fail) | Oireachtas source

My esteemed colleague has outlined very clearly and concisely the position of our party but I certainly welcome the opportunity to speak on this Bill which I know reflects years of research and investigation. It is great to see the 2012 recommendations of the justice committee being progressed at this point and I commend the Tánaiste and Minister for Justice and Equality on her work and that of the Department in respect of this issue.

It is a very welcoming strengthening of the law in a number of areas. My party particularly welcomes the new protections for children. However, it is possible that the measures in the Bill do not go far enough and we will call on the Minister to address a number of concerns that have been expressed by groups working with women and children. Some of those include issues around stalking and victim shaming.

I have spoken to and liaised with a number of interested groups about this Bill since my election and I appreciate fully the research that has been carried out in mostly unpleasant, difficult and emotive surroundings. During the summer recess, I had the opportunity to go and see a piece of theatre in the Riverbank Arts Centre in Newbridge called "The Game". This was more than theatre. It was social commentary on sexual favours and selling sex. It was devised by women who are current and former sex workers. The work, which lasted 60 minutes, was shocking and harrowing and gave the perspective of six different women on their experiences in this world. As men went in, five men were asked to be volunteers and had to respond or react to different situations. I could see how difficult it was for these people. When we went into the theatre, we were handed a piece of paper and told that we could leave at any time if it became too difficult to watch. Many walked out because they found it too difficult to watch. After the 60 minutes, we had the privilege of walking away and we knew and could reflect on the fact that we had that privilege. So many of the women who have been caught up in this trap could never walk away from it. It is hugely important that the House does good service to these women and their children during this Bill.

I am especially pleased to note that this Bill aims to decriminalise fully the most vulnerable in the sex trade, and I welcome that the Tánaiste has been open to discussions around removing the offence of loitering for the purposes of prostitution as it may compromise the strong victim-centred tone of the legislation as a whole. I understand that targeting demand will have the required impact. The legislation will certainly help to end prostitution and sex trafficking in Ireland by criminalising the purchase of sex and decriminalising the sale of sex. Following on from a point made by Deputy O'Callaghan, 89% of those in prostitution want to exit so only 11% feel they are giving a service and are happy to continue doing that.

The legislation will impose stronger penalties on the perpetrators of rape and sexual abuse. We must point out that 63% of those in prostitution have experienced rape. Along with my colleague, I am glad that the Bill also recognises the special situation of particularly vulnerable people, namely, people with a mental or intellectual disability or a mental illness.

I was given this extract by the lmmigrant Council of Ireland, which together with Ruhama, has done incredible work in this area. It is of particular note because it is devastating to think of women who have fled very difficult situations in their own countries and who think they are coming to a safe country. They arrive at the airport and their passport might be taken from them. They are brought into a situation where they are in a house in an estate or an urban apartment in one of our towns or city centres. They find themselves in awful situations - what is really sexual slavery - where they are kept by men who are making huge money and brought from town to town. It is incumbent on the public to keep a watchful eye and to report anything they may see as suspicious.

In the past two weeks, somebody contacted me about having witnessed a particular situation in my town, Newbridge. It is happening in every area and town.

The Immigrant Council of Ireland gave me an extract which gives the perspectives of a mother and a daughter in this situation. The mother, a survivor of prostitution, said:

In six years I had three separate rapes and a gang rape. In six years I don’t know another profession that would tolerate that level of violence. At the end of it, at the end of the year, do we calculate, add up the rapes? This law is about the vast majority. This law is about the protection of human dignity and freedom. It is about a set of values. It’s about ending the violence.

Her daughter said:

My mum got trapped in prostitution for over six years. She only ever left my side to go to the street. I knew my mum was hurting. I could see it in her eyes and I could feel it in my stomach. All I ever wanted to do was keep her beside me. My mum was lucky enough to get out of prostitution as many do not survive it. I do understand my mother's reasons as to why she stood on that street. But I do not, nor will I ever, understand the reasons of the men that bought her. I couldn’t stop those men from buying her. But I can now, and so can you. This is why the sexual offences Bill has to be enacted now.

The Special Rapporteur on Child Protection, Dr. Geoffrey Shannon, has stated how it is crucial that the law be passed urgently because, even in its current state without amendments, it will do much to support and advance children's rights. It addresses the role that technology plays in our lives with provisions relating to online child grooming. It strengthens laws around child pornography and child prostitution. The importance of targeting demand must be highlighted.

There is no doubt that this victim-centred approach and the confidentiality of counselling records are very important. The legislation will help protect our most vulnerable children and adults from sexual exploitation and will tackle child sexual exploitation by strengthening the laws combatting child pornography and online grooming. Again, I welcome the opportunity to speak on this very important Bill. I look forward to the continued work that will happen on Committee Stage and the opportunity to support my colleague, Deputy Jim O'Callaghan, on the amendments we will propose.

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