Brendan Smith (Cavan-Monaghan, Fianna Fail)

The problem is a social one and not associated with criminal law. This Bill is not the appropriate one in which the implement the changes to our laws on prostitution. The amendment in question has not been thought through in terms of its effects and implications. I have given examples during the preceding Stages that show that this type of proposal could work to the disadvantage of the prostitute, placing her in even greater danger.

Senator Mullen referred to a radio programme yesterday morning on one of the national stations. I did not have the opportunity to hear it but understand the person referred to as the sex worker — Senator Joe O'Toole quite rightly referred to the unfortunate use of the undesirable term "sex worker" — said there may be a reduction of on-street prostitution but that those remaining on the streets would face increasing dangers. It is important that we recall the lady's comment.

Changes to criminal law should take place only after detailed research and after consideration is given to their effects. Changes will be made only after we are satisfied they would improve the conditions of prostitutes and reduce the level of prostitution. This has been the theme of every contribution in the House this evening and during the previous debates.

I referred on Committee Stage to an article by a social anthropologist, Petra Östergren, on the effects of the changes to the prostitution laws in Sweden. I simply referred to the article as outlining the point of view of prostitutes in Sweden, whom the laws are designed to protect. It makes sobering reading and, if nothing else, would make any responsible person who had any regard for the plight of prostitutes to at least do more research on this entire area. It is a major social issue that requires detailed research and consideration, after which effective legislation should be implemented.

Senator O'Toole, in his best múinteoir style, involving the when, the where and the how, asked us what we were doing about this matter. I referred to the preparation of legislation on sexual offences. Since the Committee Stage debate in this House Senator Lisa McDonald has contacted me inquiring about the exact position on the preparation of laws on sexual offences. Prostitution offences, in particular child prostitution and the sexual exploitation of children, where our main concerns lie, are being examined in the context of that legislation. If we are satisfied following a thorough examination of the laws governing adult prostitution that changes to those laws are justified, appropriate provisions will be included in the Bill. I outlined previously in this House that this is an issue that needs detailed consideration. I am sure that this House and the Dáil will have the opportunity to revisit this important issue in addressing these issues with the appropriate legislation.

Senators Alex White and Regan stated that the legislation before us is the Criminal Law (Human Trafficking) Bill 2007, which is an important point. The debate in both Houses has been important. There has been extremely detailed work put into the preparation of this legislation. The Bill was extracted from the Criminal Law (Trafficking in Persons and Sexual Offences) Bill so that we could bring forward that legislation to give those necessary protections to those unfortunate people. We have fast-forwarded extracts from that greater Bill to ensure, as Senator Alex White stated, that we could deal with these particular issues. He correctly stated that the focus has been placed in that Bill in dealing with the issues before us.

I repeat that we are not putting in place legislation that will not be followed up by the appropriate services and regulations. Unusually, we already have in place the services, and a particular office, to drive these programmes to assist these people before the Oireachtas passes the legislation.

Senators O'Toole and Regan made the same point, that it is important we do not lose the focus on the human trafficking issues in this Bill. Senator O'Toole correctly asked if we can expect a criminal law (sexual offences) Bill. The reality is we have a considerable amount of work done in this area. I have had sight of the second draft of such a Bill. It is not a completed product and we have a great deal more work to do on it. Work is in hand in the Department of Justice, Equality and Law Reform on all of these issues.

Senator Mullen asked what conclusions we had reached. We have not reached conclusions because we are realistic enough to know that we will do our research and consultation before we reach conclusions to ensure we get the legislation right. Senator Mullen, at the end of his lengthy contribution, made one apt comment. He stated that the issue of prostitution he was addressing in his amendments, along with Senator O'Toole, was not significantly removed from the trafficking issue. That clearly shows that we need to deal with the issues in the Bill before us and the other valid issues that need to be addressed shall be addressed in the appropriate legislation.