Averil Power (Independent) | Oireachtas source

I welcome the Minister of State, Deputy English, who has just arrived to take over from the Minister for Justice and Equality. I wish to say to her, before she leaves, that I commend her initiative to push this Bill. Over the past few years we have consistently raised the issue to which it relates in the House and pressed the Government on it. It is remarkable that within a short period of assuming responsibility for the justice brief, the Minister has pushed this matter forward. It is fair to note all of that.

The Bill is quite comprehensive and comprises many different elements. I am restricted to five minutes so I shall focus on two areas, namely, section 3 and the Rape Crisis Network's call for a definition of "consent". First, I wish to acknowledge the people from the Rape Crisis Network, the Immigrant Council of Ireland, Ruhama, the Irish Congress of Trade Unions, ICTU, and other organisations who are seated in the Visitors Gallery.

In the context of Part 3, I strongly support the Government's intention to criminalise the purchase of sex. The provision follows an extensive consultation process that was undertaken by the Oireachtas Joint Committee on Justice, Defence and Equality. It was probably one of the most extensive consultations conducted on any issue, particularly in view of the large volume, namely, 800, submissions received. It should be noted that the proposal has the support of the widest coalition of civil society groups I have ever seen in respect of any issue. The proposal has the support of the ICTU, the IMO, nursing organisations and a wide range of groups representing civil society. The fact that they have all come together with the Immigrant Council of Ireland and other organisations to push for reform reflects a broader concern about prostitution in our society and a desire for change. I wish to acknowledge the fact that it has taken a great deal of work on behalf of that group - in addition to briefing and lobbying of Members and others - to get to where we are today.

Some people like to glamorise the sex industry and have claimed that those who work in prostitution are equal partners in a legitimate transaction. The reality is very different. Those who sell sex - it is mainly women but there are some men - rarely choose prostitution. For many, it is just a survival strategy. A large proportion of the people who enter prostitution do so in their mid-teens. Many of them have experienced the most horrific sexual and physical abuse at home. Many of those involved in prostitution are homeless or have drug addition issues. How anybody could claim that people who enter an industry in such circumstances genuinely provide consent is beyond me. Even if somebody in his or her 30s or 40s is involved in prostitution, the fact that he or she got involved and was first exploited as a 13 or 14 year old child mitigates any notion that there was ever any real consent or that his or her current involvement is anything other than a follow through on a litany of abuse that he or she faced at an earlier point in his or her life. It is important to acknowledge that the people who are involved in prostitution are in a very vulnerable situation and that, by contrast, those who buy sex have all the power. The buyers of sex have the money, power and opportunity. Our laws on prostitution, as they currently stand, do nothing to help victims and encourage people trafficking. I have heard Senator Norris and others say that some people have a notion that one can separate trafficking from prostitution. I contend that there is no supply without demand and, therefore, that it is not possible to separate the two elements and claim they are completely distinct. The Turn Off the Red Light campaign has estimated that the industry generates €250 million annually. The reality is that if there was not such a lucrative industry in Ireland for the exploitation of women and children, then there would not be a pull factor that brings people into this country through trafficking. That is the reality of the situation.

Under existing Irish law, the buying and selling of sex are not crimes. Soliciting is a crime which applies equally to the purchaser and seller. Instead of seeing the women and some men who are involved in prostitution as victims we criminalise them for soliciting and other related offences, plus we stigmatise them. That is totally the wrong approach.

I know that the Oireachtas Joint Committee on Justice, Defence and Equality considered a number of different options before deciding to recommend the Swedish model. I admit that no model or law is perfect, particularly when one takes on such a complex, well-funded and well-organised industry. As the Garda has pointed out, the links between prostitution and organised crime in this country are extraordinary. In terms of international organised crime, many of the people who are now involved in pimping and managing the industry here are involved in international criminal gangs. As a result, no law that seeks to tackle such an industry will be perfect. In my view, the Swedish approach is the best option as I have surveyed the different laws that are in place in other countries. I know that the justice committee held months of hearings before deciding on their final proposal. The Swedish model has not only reduced prostitution it has also made prostitution unacceptable to Swedish society which is another important aspect. If we are genuinely committed to equality in Irish society then we must reject the idea that women and children are commodities that can be bought and sold. We must send out the clear message that paid abuse is something that we will not tolerate and I welcome the fact that the Bill does so.

I wish to briefly put on the record my intention to support, on Committee Stage, amendments that deal with the lack of a definition of consent in the Bill. Consent is an issue. A lack of consent is an issue that must be proved in every rape case and, therefore, we need more clarity on consent. There is also a general concern in Irish society about the lack of rape cases that go forward and a poor rate of conviction when they do. The more clarity that can be provided in law the better.