David Stanton (Cork East, Fine Gael) | Oireachtas source

On behalf of the Tánaiste and Minister for Justice and Equality and on my own behalf, I thank the Members for their contributions to the debate on this legislation. Dealing with such a range of issues in a single Bill is challenging, as Deputies have pointed out, but I believe the debate demonstrates the determination of this House to ensure the necessary measures are in place to combat child sexual exploitation, including introducing measures to address new and emerging threats as well as ensuring support for victims, the updating of existing law and the reform of prostitution laws.

As pointed out, there will be an opportunity to address the issues raised when the Bill is debated in more detail in committee, but I would like to reflect briefly on some of these matters. As the previous speaker said, there has been considerable comment on the provisions contained in Part 4 which criminalises the purchase of sexual services. These provisions have been developed following a wide and public consultation. More than 800 written submissions were received by the Committee on Justice, Defence and Equality when it conducted a review of the legislation. Presentations were made by 26 organisations and individuals directly to the committee. Since this Bill has been published, there has been a substantial amount of research, reviews and documentation produced which supports a range of approaches to prostitution. I am sure they will all be referred to in greater detail on Committee Stage.

That documentation has been kept under constant review by the Tánaiste and her Department and the provisions contained in this Bill continue to be the preferred approach, and I will explain why that is the case. These provisions target the demand for sexual services. Even some of those in this House who have expressed their concerns regarding the provisions in Part 4 acknowledge the exploitative nature of prostitution. I do not believe that anybody doubts that prostitution causes significant physical, psychological and social harm.

This may not be true for all persons involved in providing sexual services but it is true for the vast majority and, as the last speaker said, for those who are most vulnerable. Reducing the demand for prostitution and sending the message that it is not okay to pay another person for sexual services - another person who but for their particular circumstances would not choose to offer themselves in such a manner - is key to addressing the harm and exploitation associated with prostitution. We want to convey the message, especially to young men, that it is not okay to purchase sexual services. If we do not do that, we are sending out the opposite message that it is okay. Unfortunately, our media and, in many instances, online and social media is sending out in spades that message that it is okay. There are some parts of the world where women are bought and sold now, especially in war zones. It was reflected earlier that it harks back to the years of slavery with women being bought, sold and raped in war zones.

There has also been criticism that these provisions conflate trafficking of persons for the purpose of sexual exploitation with prostitution. I agree with Deputy Shortall when she said there is no clear line between where the elements of trafficking end and consent to become involved in the sex industry begins. In 2015, 48 victims of trafficking for the purpose of sexual exploitation were reported to or detected by An Garda Síochána. There is a link and targeting the demand for prostitution impacts on the market for human trafficking. Evidence from Sweden and Norway indicates that both countries have become a less attractive destination for prostitution-based trafficking.

In 2009, the Norwegian Government criminalised the purchase of sex. In August 2014, it published the findings of its evaluation of the law. The main findings included that there was no evidence of an increase in violence against persons providing sexual services through prostitution, the extent of prostitution was reduced, there was a reduction in the market size and there was evidence that Norway had become a less attractive place for human traffickers. On 6 April 2016, the French National Assembly voted to punish customers of prostitutes with a fine of €1,500. France very recently passed this law and they had extensive consultation and research into it. On 6 December 2014, Canada, which is another very progressive country, made the purchase of sexual services illegal. Iceland, Sweden, Norway and, most recently, Northern Ireland have done the same. Many of these countries have had serious debate on these issues and have gone down this route. They have not done it lightly. They have done it for a reason. Perhaps Deputies will look at what those countries - France, Canada and Northern Ireland - have said and the research they have done.

It is also important to stress, and it was raised by a number of Deputies, that the approach to prostitution is not just about introducing laws. We must ensure the necessary services are in place to offer the appropriate supports to those involved in prostitution. The Department of Justice and Equality, through its anti-human trafficking unit, provides funding, along with the HSE and the south inner city local drugs task force, to Ruhama which provides assistance and support, including outreach, education and development programmes and assistance in accessing housing and social welfare. The funding to assist this work has increased substantially, and a total figure of a little under €295,000 will be provided this year, which is an increase of approximately 60% on 2014. There will be plenty of opportunity during the Committee Stage debate on this Bill to debate these matters fully.

A number of Deputies raised the issue of introducing a definition of consent to a sexual act. The Tánaiste is committed to reviewing this issue and strongly supports the Ask Consent campaign. However, as Deputies may be aware, the Supreme Court is considering a number of questions relating to consent and it is prudent to await that judgment before finalising any proposals.

When this Bill was first brought before the House, Deputy Butler and others raised the issue of the prohibition on an accused conducting a cross-examination and extending this to all trials involving sexual offences. As the Tánaiste indicated in her opening remarks, proposals for amendments to make such provision are being prepared.

Deputy McGrath and Deputy Lisa Chambers questioned the lack of provisions in the Bill to enhance the monitoring of sex offenders following release from prison. Provisions are to be brought forward in a sex offenders (amendment) Bill which will significantly strengthen such monitoring. These will include electronic monitoring of certain sex offenders on release and also the disclosure, where necessary, of information concerning sex offenders where there is a risk posed to the public or particular persons.

Before finishing, I would also like to acknowledge the wide support for the provisions in Part 2 to strengthen the existing child sexual exploitation laws. The Bill provides for a more effective response to the changing nature of sexual offences, such as grooming, and is a response to new and emerging threats such as predatory activity which targets children via the Internet and social media. The sexual grooming of children can include familiarising them with sexually explicit material with a view to developing an ultimately exploitative relationship with that child. Sections 3 to 8, inclusive, introduce a range of offences targeting the sexual exploitation and grooming of children. These offences are a significant step in combating the risks posed to children. These new offences include, for example, paying for the purpose of sexually exploiting a child, invitation to sexual touching, sexual activity in the presence of a child, causing a child to watch sexual activity, and making arrangements to meet a child for the purpose of sexually exploiting that child.

I particularly highlight section 8 as a number of Deputies raised the risk posed to children by online predators. This section provides for two separate and distinct offences which are intended to address grooming-style behaviour through information and communications technology. The first offence is where a person communicates with another person or with a child, for example, either through social media or various messaging tools, for the purpose of sexually exploiting the child. The second is where a person sends sexually explicit material to a child. Both of these are indicative of grooming-style behaviour. This offence is targeted at the initial stages of grooming and does not require physical contact or meeting between the adult and child in question. The offence does not necessarily require that the communication contains a sexual advance or include sexual material as these are not generally features of sophisticated grooming, but it requires that the communication is to facilitate the sexual exploitation of the child.

On behalf of the Tánaiste and Minister for Justice and Equality and myself, I acknowledge and thank all Members of the House who contributed to the debate on this Bill. What is contained in here will add substantially to the protection of our children against sexual abuse by targeting those who would abuse or attempt to do so. Every step necessary must be taken to achieve that goal.

When this Bill was being debated in the committee and since it has come into the House again today, I and others have been subject to some rather distasteful abusive online commentary which indicates that some people out there are quite upset by what we are doing. They are upset because their pockets are being hit. The profits they are making are being hit. I reported some of it to the Garda. When people in here are supporting prostitution in some way and are opposed to criminalisation, they might think again because there are people who are profiting from what is going on at the moment. By not supporting the Bill, they are helping these people to increase their profits.

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