Rónán Mullen (Independent)

The more I read the Government's proposed section 6, the more I wonder. The intent behind the discussion that took place on this matter in the Dáil and the Minister's proposal on Second Stage that we come back with suggestions on whether those who used or availed of the sexual services of trafficked persons should be criminalised was to reduce trafficking by creating a serious disincentive for anyone who might use or avail of the services of a trafficked person. While I agree with the Minister of State about the desirability of securing convictions and of matters being enforceable, the law operates as an educator too. Even where the offence would be declaratory and it would be difficult to get a conviction, that would be valuable.

Does the Government's wording in its proposed section 6, "for the purposes of the prostitution of a trafficked person", imply that for a person to be criminally liable for availing of the sexual services of a trafficked person, he or she must have intended to prostitute a trafficked person? If so, where is the disincentive because one wants to fire a warning shot across the bows of potential users of prostitutes by establishing that if the prostitute turns out to be a trafficked person, the user will have committed a criminal offence. I do not care if that is sometimes difficult to prosecute because we are trying to create a serious disincentive.

We spoke on Second Stage about the potential anomaly that a victim of trafficking could be prosecuted under this or other Bills but that a person who avails of his or her services might not be. Will the Minister of State bring forward an amended version of this proposed new section on Report Stage to clarify that, regardless of whether the person who availed of the sexual services of the trafficked person knew the person was trafficked, or intended to prostitute a trafficked person, that person will be liable to criminal prosecution for using the sexual services of a trafficked person? My amendment No. 9 covers that situation and more.