Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

I thank Deputy Cian O'Callaghan and the Social Democrats for bringing forward the Bill. This is a practice we all abhor. It is disgusting. I listened to the Deputy’s contribution at the start of the debate and I will address some of the issues before I make my concluding remarks.

Deputy O'Callaghan made the specific point that while the Bill in itself is not enough to tackle this issue, it is certainly a step in the right direction. The abuse of power and the disparity of power between landlord and tenant is something we all wish to challenge. As has been stated by the Minister of State, Deputy James Browne, how this Bill interacts with other sexual offences legislation is critical. We are all going to work together to try to improve this and the Minister for Justice, Deputy McEntee, and the Minister of State, Deputy James Browne, are committed to doing that too, which is critical. Our ultimate objective is to criminalise this disgraceful practice and put a stop to it, once and for all.

Deputy Bacik raised the issue of the experience in the UK, where 30,000 to 40,000 women were being exploited. The issue here is that we do not have data. We have a great deal of anecdotal evidence. We are very grateful to Ann Murphy of the Irish Examinerfor shedding light on this practice. However, data is important and that is something we need to get conclusive information on.

Deputy Bacik also raised the issue of compatibility with existing criminal law and the other issues the Minister for Housing, Local Government and Heritage, Deputy Darragh O'Brien, is committed to addressing, namely, looking at the role of the Residential Tenancies Board, RTB, and at situations where his Department can bring in cross-cutting measures and legislation to end this practice.

The Deputy went on to raise the issue of women from migrant and disadvantaged backgrounds who are more at risk from this activity and more at risk in general from sexual exploitation.

The Deputy referred specifically to the sexual exploitation research programme.

A number of Deputies raised the intersection of challenges from the influx of what will be a huge number of refugees from Ukraine. All states across Europe need to be mindful of that now. There needs to be spare capacity in all our housing policies for the intake of refugees in general because after the Ukraine crisis is addressed there will be another crisis and another crisis, either through conflict or climate change. It is critical that we have built in housing capacity to be in a position to take in refugees at very short notice. That is something for another day but it is important.

Deputy Barry raised the issues of refugees and the lack of adequate social housing provision as the root cause of this. It is right to say that the Minister for Housing, Local Government and Heritage is committed, through Housing for All and legislation, to protecting tenants' rights and to putting in place the most significant and most ambitious housing programme in the history of the State. That will take time. We see housing commencements increase month on month now, and that will help us in our long-term objectives.

Deputy Bríd Smith raised issues dating back to the 1980s. This issue is nothing new, with vulnerable women in addiction and bed and breakfast settings. It is important to note that.

Deputy Canney raised a number of other points about housing in general, and Deputies O'Donoghue and Danny Healy-Rae raised points about crime in general. Again, these may be issues for another day. Our core objective is the legislation before us. I thank Deputy Cian O'Callaghan again for bringing it forward in the Social Democrats' slot.

I join colleagues across the House in expressing my disgust at reports of accommodation being offered in exchange for sexual acts. It is reprehensible and utterly unacceptable. For that reason the Government will not oppose this Bill.

This issue was raised by the Minister for Justice and with the Minister for Housing, Local Government and Heritage after reports appeared in the Irish Examinerlast December. The Minister, Deputy Darragh O'Brien, sought the advice of the Attorney General, who confirmed that such behaviour is not a criminal offence under the current law. However, while offering accommodation in exchange for sex may not be a criminal offence, let me make it absolutely clear that any agreement to pay for accommodation with sexual acts is invalid and not enforceable under contract law. In addition, as the Minister of State, Deputy James Browne, has said, under sexual offences legislation it is absolutely clear that consent must be freely and voluntarily given. Any attempt to coerce or to force a person to engage in sex is rape and is punishable on conviction by up to life imprisonment.

It is also important to note that tenants are not without rights and protections. Tenants' rights are set out in the Residential Tenancies Act 2004, as amended. This point was raised by Deputies Ó Broin and Bacik. Under that Act, a tenant has, among other rights, the right to privacy, the right to receive advance notice of termination of a tenancy and the right to refer a dispute to the RTB. Additionally, in the past two years alone, my Department has introduced six rental Bills, including a number of measures to provide additional protections for tenants during the pandemic. The operation of the Residential Tenancies Acts is kept under constant review.

It is important to note that not all tenancies come under the remit of the RTB. This includes those availing of the rent-a-room scheme, which it seems would encompass the majority of the highlighted sex-for-rent advertisements in this State. Tenancy protections on their own may not prevent an unscrupulous landlord from seeking to exploit someone vulnerable by offering reduced rent in return for sex. That is why we are examining if this issue needs to be addressed in its own right as set out in this Bill.

Colleagues raised the issue of housing supply. While an increase in housing supply will not in itself stop unscrupulous accommodation providers from trying to prey on vulnerable people, I assure Members that the Minister for Housing, Local Government and Heritage and the entire Government remains committed to addressing the issues in the housing market. I have stated that in the context of Housing for All and the ambition that lies therein. As Deputies will be aware, Housing for All: A New Housing Plan for Ireland is the Government's housing plan to 2030. It is a multi-annual, multibillion euro plan that will improve Ireland's housing system and deliver more homes of all types, social and private. It sets out the Government's plan to increase the supply of housing to an average of 33,000 units per year over the next decade, including through the development of a new cost-rental sector, which is already up and running. It also commits to the delivery of more than 9,500 new build social homes on average over the next five years and more than 90,000 new social homes in the period 2022-30. This year, 24,600 homes will be delivered, including 9,000 new build social homes, 4,100 affordable and cost-rental homes and 11,500 private rental and private ownership homes.

It is clear from the debate today that all sides of the House are united in their disgust with and condemnation of the small number of people who would try to take advantage of others in vulnerable situations and seek to sexually exploit them. It beggars belief. I assure Deputies, however, that the Government is deeply committed to tackling domestic, sexual and gender-based violence in all its forms. The prioritisation of this hugely important work is evident in the policy and legislative developments implemented by this Government and those that are currently being progressed. Additionally, increased budget allocations have been secured this year in order to address such heinous and unacceptable behaviour. The Minister for Justice is leading work on a whole-of-government strategy to combat domestic, sexual and gender-based violence. This new plan will have a particular focus on prevention and on ensuring that victims are better supported. It will set an overall goal of zero tolerance of domestic, sexual and gender-based violence. The strategy has been developed in partnership with the sector to ensure that it is targeted, comprehensive and effective in achieving all the goals set out and will be published, with an associated implementation plan, as soon as practicable.

As has been said, the Minister for Justice is in favour of introducing new criminal offences to address this issue. Officials in my Department will continue to work with colleagues in her Department and with the Attorney General to ensure that effective measures, including criminal sanctions, can be introduced to address this issue.

Again, I thank Deputy Cian O'Callaghan for bringing forward this legislation. As the Minister of State, Deputy James Browne, and I have stated, it is the Government's intention to work with Members to try to progress this and to end this disgraceful practice once and for all. The House is united in trying to achieve that. I commend Deputy O'Callaghan again on bringing forward the legislation.

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