Ivana Bacik (Independent) | Oireachtas source

I move amendment No. 11:

In page 6, between lines 14 and 15, to insert the following:“Certain payments not to be proceeds of crime

7.The Principal Act is amended by the insertion of the following section after section 15:

“Certain payments not to be proceeds of crime

15A.(1) Subsection (2) applies if by any enactment to be passed it is provided that a person who pays or gives another person money or other consideration for the purpose of engaging in sexual activity with a prostitute is guilty of an offence, while the receipt of money or other consideration paid or given for such a purpose is not made an offence.

(2) If this subsection applies, then the money or other consideration referred to in subsection (1) shall not, by reason only of the passing of an enactment providing as referred to in that subsection, be the proceeds of crime for the purposes of the Principal Act.”.”.

This is another amendment I spoke of briefly on Second Stage. It concerns the proposed change in the law through the sexual offences Bill to ensure that somebody engaged in the sale of sexual services is not criminalised. We are anxious to ensure that if that reform, which I very much support and which the justice committee chaired by the Minister of State before us today has recommended, were to be passed, an unforeseen consequence of this legislation would not be to enable gardaí to seize assets or moneys received by those engaged in prostitution, since they would effectively be decriminalised through the other legislation.

I accept the wording "if by any enactment to be passed" is an unusual formula and not a particularly normal way of framing a proposed amendment, but at this stage we just want to flag the issue. Again, having engaged with the Minister of State's officials on it since Second Stage, it may well be the case that this issue can be addressed through the sexual offences Bill itself when it comes back before us, as I hope it will very soon. In any case, we want to flag it at this point to ensure there is no unforeseen consequence for people who might effectively be decriminalised and that they are not brought back into a law enforcement net through proceeds of crime legislation.