Ivana Bacik (Independent) | Oireachtas source

I note also that legislators in Northern Ireland, Canada, Norway and Iceland have followed suit with the Swedish approach, while it is under consideration in Britain and France, as it is elsewhere. The reality is that our model of law enforcement in prostitution is not working. A model which approaches it instead from the point of view of tackling demand, decriminalising the sellers and criminalising the purchasers is a better way in which to tackle exploitation.

That is why I strongly support amendment No. 28. It restates the key provisions in section 20 of the original legislation. By changing the definition of "soliciting" or "importuning" in section 1 of the 1993 Act, it clearly decriminalises the seller of sex, which is welcome. It also increases the penalties for the offences of soliciting or importuning from the client’s point of view and for the organisation of prostitution, the living off the earnings from prostitution and brothel keeping. I particularly welcome the amendment of section 13 of the 1993 Act which allows for power of arrest for the new offence in section 7A. That is the provision I specifically sought on Committee Stage. I am glad to see that included as it will make the legislation clearly workable and enforceable by the Garda.

On Committee Stage I expressed a concern about an amendment made to insert section 21 which will make it an offence to fail to comply with a Garda direction where a person is offering their services as a prostitute while loitering. This might lead to harassment of the people who we are decriminalising, namely, those engaged in selling sexual services. I accept it is not criminalising but it enables the use of Garda powers against them. Will the Minister look at the wording of this provision? There is a technical point about the wording too. Section 8(1) of the Act currently has an "a" or a "b”. Section 21 would insert a “c” but there is no “or” before it. It is a relatively minor drafting point which might be worth looking at again.

The important policy provision is really deserving of all our support, namely, decriminalising the seller and criminalising the purchaser or client. I cannot see the principled objection to that when anyone recognises the reality involved in the exploitation of prostitution. Any Senator who disagrees with that should find out a little more for himself or herself in looking at the research, meeting those women engaged in prostitution and talking to those engaged in front-line services, such as Ruhama and the Immigrant Council of Ireland, which has conducted important research into migrant women who are strongly exploited here. I welcome all those in the Visitors Gallery who have been involved in the Turn Off the Red Light campaign to end demand.