Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

It takes a lot for me to be flabbergasted. As other colleagues alluded to, some of what we heard during the first contribution really did that, if not go beyond that. It was supreme in not just its ignorance of many of the issues pertinent to this question but in its nuanced divergence from many of the issues relating to this legislation. While admitting I do not have the wily legal, legislative or oratory skills of Senator McDowell, I only wish I could defer to some of the groups in the Gallery to speak on my behalf and, more importantly, on behalf of the people we are trying to protect, support and empower with this legislation. For me and Sinn Féin, the fundamental core of this legislation and this issue is about human rights and the protection and safety of people. It should come as no surprise that Senator McDowell in his contribution would run against the grain of progressive thinking in this State.

Much like Senator Clifford-Lee, I took issue with some of the specific nuances raised such as the case of the 18 year old from Kerry. I do not know what Senator McDowell has against people from County Kerry. It might be telling of an underlying argument that there were continual numerous references to a lonely woman availing of a gigolo in a hotel. There was a careful dance and a swerve. We were told by Senator McDowell that he would not take lectures about the exploitation of women because he knew it all and had been told it all.

If he is aware of the awfulness which exists in that scenario but argues against this legislation, then he is defying logic. It is beyond my realm of understanding. We are talking about an industry which is the monetary equivalent of, if not worth more, than Coca Cola and McDonald’s. It is happening on the streets of Dublin, Belfast and in the rural laneways and byways all over both jurisdictions on this island. If we can do anything which empowers people to actively stop this and protect the people being trafficked into both states who are being violently raped, abused, exploited, mistreated, then we have an obligation to do that.

By no means did I want to turn this into an overtly emotive debate - it will always be an emotive one - which focuses simply on clichés. I want to see this legislation come into being. I appreciate people will have different opinions. Their view is that this legislation will not assist people. My view is that it will save lives and protect women. The reality is, despite the pictures painted earlier, it is women, by and large, who are the victims of sexual exploitation and prostitution.

Not playing these situations down, but I found it immeasurably strange that we had another imaginary story of a young girl at university who went into prostitution to help pay for her education. Does that not have exploiting someone’s disadvantage and economic poverty at its very core? As if someone would say, "I will just go and prostitute myself." Maybe the young lad from Kerry or the lonely husband whose wife is away on business wants to avail of this student’s services, but by no means should we criminalise that girl. It should be the person who is exploiting that girl’s economic disadvantage and the situation in which she finds herself who should be held responsible. That is at the core of this legislation. It is about proportioning responsibility. Without simplifying it, that is fair enough.

Senator McDowell and others referred to the law in the North. It is in its infancy, with only 18 months since it came into being. While there have been no prosecutions, I understand several cases are going through the system. Running parallel to this, which thankfully I read about more frequently, are cases of women being rescued. Again, these are women who have been trafficked, abused and subjected to some of the most horrific unimaginable treatment. While by no means is that law perfect, it has made a significant change. I am confident and will do everything in my power to ensure it actively delivers for those in need.

In the North, the relevant Departments were required to develop a strategy within ten months of the legislation coming into being which would introduce a programme of assistance and support for those seeking to leave prostitution, in recognition of the barriers faced by people who want to exit prostitution. The same should apply in this jurisdiction.

Senator Clifford-Lee referred to those who exploit prostitutes, finding themselves in court and how that impacts and affects the rest of their lives. Senator McDowell offered a scenario in which we should hang our heads in shame and feel guilty that we have presumed to hinder and stop the professional aspirations of an 18 year old from Kerry. I do not know how much he views the lonely old housewife having career aspirations but that is what he told us to think of in this instance. When this legislation is going forward, it will not be those people I will be thinking of, with the greatest respect to them. I am not a reactionary, or a Daily Mailreader or someone who believes in actively criminalising and haranguing people who do certain things. With this legislation, when the people who are actively exploiting, raping, abusing and trafficking women find themselves in front of a court - not the young lad from Kerry - then I will not leave this Chamber with my head hanging in shame. Instead, I will hold it high on that day.