Dáil debates

Tuesday, 30 March 2004

8:00 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I hope the Minister of State has a more specific response to my question than Deputy Healy got to his.

Photo of Séamus HealySéamus Healy (Tipperary South, Independent)
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So do I.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I want the Minister for Justice, Equality and Law Reform to provide the necessary resources and personnel to deal with the large increase in prostitution in the Arbour Hill area of Dublin. That area comprising Arbour Hill, Montpelier Hill and Bricins Park has become a major centre for prostitution day and night. This was an unexpected fall-out from the Luas works. Construction for Luas has continued for far longer than we expected. Benburb Street had been the centre for that activity, but once the Luas work commenced, it displaced that activity. Consequently many prostitutes now ply their trade in a highly residential area comprising Arbour Hill, Montpelier Hill and Bricins Park.

Bricins Park has a large community of senior citizens, Montpelier Hill has a large community of local authority housing tenants, many of whom are young, and there are many residents in Arbour Hill. It is particularly undesirable and dangerous that the punters, who come to attract the attentions of the women there, accost young girls and women on their way to the shops or just walking in the area. It has become a hazard and is dangerous. There have also been allegations of more criminal activity in the area. For the old folk it is particularly embarrassing as much activity takes place in the confines of the senior citizens' complex.

At a recent public meeting in the local community centre involving the residents, the Garda and the local authority, there were very angry scenes and expressions of annoyance and concern that nothing was being done. It was stated that the situation had got out of hand, that there was an alarming increase in this type of activity and that young women and children were being accosted in the area. This problem did not exist in the past and has now become a serious concern in the area.

At the meeting residents stated that police patrolling is inadequate. I understand that gardaí stationed at the Bridewell do not have their own vehicles and have to get them from elsewhere. Garda numbers in the Bridewell have not increased in ten years. Given the increase in crime in the country, particularly in the inner city, it is incredible that the Government has not given a single additional garda to the Bridewell station. There are two fewer gardaí there when compared with ten years ago, which is unbelievable considering the enormous increase in public order offences etc. in the area.

The residents requested the installation of CCTV cameras, particularly in the vicinity of the senior citizens complex and where children and young people congregate and play, to assist in identifying those involved in kerb crawling in the area. The need for greater lighting, which would be an effective deterrent, was highlighted. Most of all, there was a demand for the Garda to be more proactive and assiduous in arresting not just the women plying their trade there but also the punters. While this is sometimes seen as an offence committed by only one person, that is not the case. If more of the clients were brought to the courts and named and shamed, it might be possible to disperse much of the activity that takes place. I ask that action be taken and resources provided to implement some of the proposals I have suggested.

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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I thank the Deputy for raising this matter on the Adjournment. The area of the city to which the Deputy refers has a reputation as one in which prostitutes have operated for a long time.

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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It did not have such a reputation in the past.

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
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That is correct. The Deputy will note from my script that I rephrased the opening sentence. I assure him that the Garda and the Minister share his concern in respect of the problems caused to residents of the area by prostitutes and their clients.

The legislation governing this activity is quite modern, with the Criminal Law (Sexual Offences) Act 1993 being the most recent statute. As Deputies will be aware, prostitution is not in itself a crime but the law does seek to protect prostitutes from exploitation and to protect the public from certain manifestations of prostitution. It is an offence for a person, in a street or public place, to solicit or importune another person for the purposes of prostitution. The offence applies equally to a prostitute soliciting a client, a client soliciting a prostitute or a third party soliciting one on behalf of the other. The same offence and penalties apply to prostitutes, clients or anyone who solicits in a public place. It is also an offence to solicit or importune another person in order to commit certain sexual offences, such as sexual offences with under age persons, to keep or to manage a brothel.

A significant provision in terms of the Deputy's concerns is that a member of the Garda Síochána who has reasonable cause to suspect that a person is loitering in a street or public place in order to solicit for the purpose of prostitution may direct that person to leave the scene immediately. It is then an offence not to comply with such a direction without reasonable cause. Loitering includes loitering in a motor vehicle and this provision, therefore, applies to kerb-crawlers.

In addition to its other provisions, the Criminal Law (Sexual Offences) Act 1993 also extended the law on soliciting in public which previously applied only to prostitutes and any third parties, for example, pimps. It strengthened the law on the protection of prostitutes from exploitation by introducing new offences aimed at curbing organised prostitution and strengthening the law against living off the earnings of a prostitution of another person. It is now an offence for a person to compel or coerce another person to be a prostitute or to control or direct a prostitute or to organise prostitution. It is also an offence to live knowingly off the earnings of a prostitute and to aid and abet prostitution.

I am informed by the Garda authorities that the area in question is regularly patrolled by uniform and plain-clothes gardaí from the Bridewell district with a view to ensuring a concentrated and visible Garda presence in the area. I understand that in addition to the normal patrols operating in the area, two gardaí have recently been assigned to specifically deal with street prostitution in the Bridewell district. Community gardaí assigned to the area liaise with residents and community representatives on an ongoing basis. I am further informed by the Garda authorities, who are responsible for the detailed allocation of personnel and resources to individual areas, that the current Garda strength of 163 in the area is adequate to meet existing policing needs. However, the situation will be kept under review in the overall context of the needs of Garda districts throughout the country.

The Deputy will be interested to know that in 2002, the Garda brought 117 cases for soliciting or importuning for prostitution in the Dublin north-central area and 29 persons were convicted by the court. The corresponding figure for 2003 was 115 proceedings commenced and 36 persons convicted. In 2002, proceedings were commenced for loitering for prostitution against 32 people and nine persons were convicted. The corresponding figure for 2003 was 36 proceedings commenced and two persons convicted.

The Deputy will be aware of the good work undertaken by the Ruhama women's project, which receives funding from the Department for its work with and on behalf of women involved in prostitution. The project organises both individual and group counselling for women, assists in the area of prevention and rehabilitation directly and, in liaison with other agencies, raises awareness about the problem and engages in research and integration between European countries.

I am assured by local Garda management that it will ensure that a concentrated visible Garda presence continues to be maintained to deter this activity.