Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

On Deputy Jan O'Sullivan's point, the main concern I have is the exploitation of the exemption. I have very strong advice that there would be huge concerns over this and it would not be easy to disaggregate the money as she suggested. It would be fraught with difficulties and I would be very concerned about the exploitation of women in those circumstances. I am not in a position to accept the Deputy's amendment. While I cannot accept the Deputy's amendment because of a very minor technical point, I am moving an amendment that deals with what she is proposing.

The Deputy also raised questions about amendment Nos. 14 to 16, inclusive. I am very concerned that any decriminalisation of brothel-keeping would create a legal loophole ripe for exploitation by organised crime gangs involved in trafficking and exploitation of women in prostitution. Women would come under pressure to claim they were working independently when that was not the case and gardaí would be limited in the actions they could take to close brothels and disrupt the activities of pimps and criminal gangs. There is evidence from New Zealand that some women have been used by pimps to establish businesses which appear legitimate and from which the pimps profit. Creating exemptions from existing criminal law is a clear signal to those who would seek to exploit such exemptions and the opportunities it would present. I do not want to accept that. Amendments to the offences under the 1993 Act would require very wide consultation with law enforcement to understand fully and comprehend the impact of such amendments.

A number of people have spoken about whether women were more or less likely to seek help. There is no robust evidence to support this claim nor did most women seek assistance before laws like this have been passed in other jurisdictions. It can also be counter-argued that the decriminalisation of persons offering sexual services makes it possible for the police, support services and other professionals to have more open relationships with the women involved. We have shown our commitment to and support for services that work with women with our increased funding for Ruhama and the work of the anti-human trafficking unit. There has also been funding for further training courses to support women who want to exit prostitution.

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