Alice-Mary Higgins (Independent) | Oireachtas source

I also wanted to speak on the question, which the Senator raised, of the fetish. It is not something that someone suffers with. People have fetishes and that is all very well and fine, but it is very important in areas such as sadomasochism that there is mutual desire and very clear lines in terms of consent. It is more important in those areas because of the potential damage that may come about. That is the question. It needs to be mutual and needs to be looked at in that regard. This Bill overall is very sex positive. The consent legislation is positive and allows for people to agree and engage. It looks to consent and the question of consent being ongoing.

There are two things that are going to happen as a result of this legislation in regard to where prostitution is still taking place, and we acknowledge that it will still take place. First, there will be a shift in the balance of power, which Senator Mullen spoke about. It is important, and it important to discuss it. My esteemed colleague, Senator Ruane, and I have debated this issue and have come to slightly different positions because I believe that this legislation will shift the balance of power in situations where prostitution is taking place. This is because it moves towards a situation whereby the person taking the risk is the person purchasing sex. Where previously there was no sanction, there is now the potential of sanction for that person. That strengthens the situation of power.

I disagree strongly but respectfully with Senator McDowell in respect of the vulnerabilities which he has seen and described. I see that the balance of vulnerability currently sits with the person who is selling sexual activity or is receiving money in respect of sexual activity. If we look to the evidence of it, we see a level, some 68%, of post-traumatic stress disorder amongst those selling sex, whereas the person purchasing has a clear choice. Research from the Dutch police found that over 50% of those working in legalised brothels were involuntary workers. They were not necessarily all victims of trafficking but suffered other forms of pressure and exploitation. The balance of exploitation and vulnerability absolutely sits with them. I heard very strong and important testimony from groups like Chrysalis, the Sex Workers Alliance Ireland and others, who spoke about the vulnerabilities of those currently engaged in prostitution. We need to be clear on where the balance of power actually is at the moment. It is my belief that this Bill will tilt that.

There is a second thing happening. First, there is a new criminal sanction for the person who is purchasing sex, but this legislation also reaffirms consent and makes it very clear that consent can be withdrawn at any point. There are two protections coming through in this legislation and two points which will strengthen the hand of the person who is giving consent. I want to speak about a couple of the phrases that were used in terms of the impact of this. One was the idea of the life ruined. This is language which has been used against consent. Senator Clifford-Lee put it very eloquently when she said that all lives have value. The damage prostitution causes in terms of post-traumatic stress and other issues has been very well documented.

I am conscious that I have many points and I wish that I had the length of time that we had been allocated. I did abstain on the guillotine so I would have liked a little more time on this. I want to speak on a couple of other specific points. I will be brief as my time is nearly up and I will pass to Senator Conway in a moment. I support this Bill because I believe those who purchase sex should be prosecuted. Ultimately, they are supporting an exploitative, violent, international and highly lucrative business worth tens of millions, a business which both benefits from and contributes to gender and economic inequality and also to the marginalisation of those who are LGBTQ in our society. I genuinely believe that prostitution is a contributor to this as well as something that benefits from these societal problems which need to be addressed.

As Senators we are not allowed to put forward amendments in respect of resources but I pledge that I will be pressing for and expecting action in respect of resources. We need to have resources, as was highlighted by my colleague, both to prevent those who are vulnerable entering prostitution and to assist those seeking to exit. We need to bring this to the Joint Committee on Social Protection. We need to look at the provision of health services. I recognise that demand and reduction of demand is one part, and that is what is being addressed here, but there is also a need to address the other range of supports which are required.

I welcome the review. I recognise there are concerns and I would regret if the review were to be amended away or removed, as Senator McDowell sought to do. A review will allow us to understand how this is being prosecuted. The Senator has spoken about his hypothetical scenarios but it will be good in three years if we can look to what has happened in terms of prostitution. I particularly welcome that the review looks at the safety and well-being of the persons who are engaging in sexual activity. It is welcome that is central to it. I apologise for not leaving Senator Conway much time.