Joe O'Toole (Independent)

I move amendment No 14:

In page 12, after line 13, to insert the following:

15.—Section 7 of the Criminal Law (Sexual Offences) Act 1993 is hereby amended as follows—

(a) by deleting the words "in a street or public place", and

(b) after the word "prostitution", to insert "or any person who uses the services of a prostitute".".

The Long Title states clearly that it is for the purposes of amending certain enactments, some of which are named, and to provide for matters connected therewith. This issue was addressed clearly by Senator Regan and he is correct. Senators who believe this amendment goes beyond and refocuses the Bill are incorrect — it does not purport to do that. Sections 5 and 13 make reference to the 1993 Act. It does not change it but takes elements from it. I do not say that in an argumentative way nor do I direct that comment at the Minister of State — I direct that comment in another direction altogether. It is quite in order, as the Government has done in parts of the Bill, to provide for matters connected therewith because that is included in the Long Title of the Bill. That is the way it stays.

The issues are inextricably linked; these are related matters. We should not leave the Bill as it is without agreeing amendment No. 14. That amendment does not decriminalise prostitution. It merely moves prostitution to a level playing pitch wherever it takes place. Whether it takes place in a public or other place it ensures the person can be charged. It is inextricably linked with trafficking to the extent that if we leave the Bill as it is, we will have the situation as outlined by Senator Keaveney that if somebody goes into a brothel and avails of the services of a person who was trafficked, it is a crime and if somebody avails of the services of a local person it is not a crime. In terms of equity that is a daft way to leave things. It is no more than a tidying up issue.

It is never too soon to do the right thing. The strongest and most passionate contribution on this matter was made by Senator McDonald on Committee Stage and I agree with every word she said. However, tonight she took the position of a Government Senator, to which I do not object. It was similar to St. Augustine in that they want to do the right thing but not quite yet.