Seanad debates

Tuesday, 6 October 2015

Criminal Law (Sexual Offences) Bill 2015: Second Stage

 

2:30 pm

Photo of Fiach MacConghailFiach MacConghail (Independent) | Oireachtas source

I welcome the Minister. I will speak in particular on Part 3, sections 20 and 21. The Bill is exceptionally important legislation. On a historic day I wish to acknowledge the members of civil society who have campaigned long and hard for this historic change. They should be very proud.

Unlike Senator Norris, I believe this is ideologically driven. At the heart of this are human rights, equality and protection of the vulnerable. I call that ideological, and I am proud to acknowledge that and to support that section in the Criminal Law (Sexual Offences) Bill 2015. Our group, which includes Senator van Turnhout and Senator Zappone, tabled and supported several motions, notably on October 2011 and April 2012, and several Senators who are present today supported our motions. The April 2012 motion contributed to accelerating the referral of the matter by the then Minister, Deputy Shatter, to the Joint Committee on Justice, Defence and Equality. I commend the work of Deputy Stanton, Chairman of that committee, and also Senator Bacik, who invited me to be part of the committee proceedings even though I was not a member of the committee. I listened to the evidence from all sides. It was not ideologically driven or a set up. We listened to, and looked at, everything. I commend the work of the committee in that regard. The public consultation in which it engaged and the subsequent report that was produced were in-depth and comprehensive.I welcome Part 3 of this Bill providing for the criminalisation of the purchase of sex and strongly support this move.

I acknowledge the work of the former Minister, Deputy Shatter, and the current Minister, Deputy Frances Fitzgerald, in not allowing this subject to fall off the radar and disappear from the public discourse. That is key. I have criticised the Government for delaying much legislation, particularly electoral reform, but this is something of which we should be proud. I hope a general election is not called in November because otherwise this Bill would fall. I call on all Members to listen to those who have most experience in this field. A total of 73 organisations have come together to support this legislative move, including Ruhama, the Immigrant Council of Ireland, the Rape Crisis Centre, the National Women's Council, Focus Ireland and Barnardos, to name a few that have been fighting for this cause under the Turn Off the Red Light campaign. We must listen to these voices, which have the experience, and continue to work hard to highlight the evidence and reality of prostitution for all who find themselves the victims of it.

Ruhama has stated that one can procure a prostitute anywhere in Ireland and have access to her services within 30 minutes. Over 1,000 women and girls are for sale for sex in Ireland daily. Monica O'Connor, who has worked and campaigned on this issue for years, cites demand as the main driver of prostitution and strongly supports this legislation. There is currently no definition of prostitution in Irish statute law and most people are unaware that it is currently legal. This is not acceptable. The reality is that this State is failing some of the most vulnerable within its borders.

Prostitution encompasses layers of abuse. It feeds violence against women, child abuse, racism and particularly trafficking. We must do more to protect the women and girls who, through vulnerability and not consent, find themselves trapped in cycles of prostitution and poverty. A brief compiled by Grainne Healy and Monica O'Connor in 2006 stated that women who have worked in prostitution exhibit the same incidents of traumatic brain injuries as a result of beatings as do those who suffer and survive torture. The idea that women who end up working as prostitutes have made a willing choice can no longer be tolerated. It can be due to anything from physical abuse to actual poverty. We heard that evidence during the committee hearings.

This legislation alone, if passed, will not immediately impact the existence of prostitution in Ireland but, as the Swedish model shows, it opens the door to system change and increases the onus on the State to provide real exit strategies for women.Significantly, Sweden also introduced supports for the criminalised users to target root causes. It should be a normative shift away from the idea that it is acceptable in our society for financial power to buy consent. In Sweden over the past ten years, the demand for prostitution has fallen whilst the decriminalisation of sex workers has meant they maintain access to support services. The industry did not go underground. In countries that have legalised prostitution, such as Germany and Holland, all reports appear to show a huge increase in the numbers of women entering sex work, with pimps and traffickers gaining a form of legitimate business status.

As a man nearing middle age, with two daughters, I am within the primary bracket of those who most frequently use the services of prostitutes. As a nation, we tend to turn a blind eye to the issue because it makes us uncomfortable, but we must address it. To this end, I note the striking and truly eye-opening "Prime Time" investigation of Paul Maguire into the reality for women involved in prostitution. He appeared before the justice committee to give evidence. It is a programme of extraordinary impact which was screened over two years ago.

Over the past six months-----

Comments

No comments

Log in or join to post a public comment.