David Stanton (Cork East, Fine Gael) | Oireachtas source

I am taking this Commencement matter on behalf of the Minister for Justice and Equality who, unfortunately, cannot be here this morning. I thank Senator Bacik for highlighting this issue and for her work on this matter over many years, which I know she will continue to do.

The statistics sought by the Senator in this Commencement matter were compiled by the Central Statistics Office, which is responsible for the publication of the official recorded crime statistics. In this context, I assure the Senator that An Garda Síochána continues to monitor all new and emerging crime trends on an ongoing basis, including those related to prostitution offences, so that optimum use is made of Garda resources and help is provided to tackle this form of crime. First, I take this opportunity to explain that there are two sets of statistics provided with this text, of which Members should all have received a copy. The information provided in the first table by the CSO refers to incidents of prostitution. These are situations where An Garda Síochána has made an arrest under one of the headings set out below. Figures relating to prosecutions and convictions for prostitution-related offences have been provided by the Courts Service and are also appended to the text. The Minister hopes that the Senator finds these statistics useful.

Senator Bacik will be aware that the Criminal Law (Sexual Offences) Act 2017 was enacted on 22 February 2017 and I take this opportunity to remind the House of the provisions of that Act as they relate to prostitution-related offences.Part 4 of the Act provides for two new offences of purchasing sexual services in the context of prostitution. The purpose of these offences is to target the demand for prostitution. This part also removes those who provide sexual services through prostitution from the existing offences of soliciting and loitering for the purpose of prostitution. Part 4 of the Act was commenced on 28 March 2017.

The Act itself, and the provisions referred to in particular, recognise the exploitation experienced by those involved in prostitution and decriminalises them. Its enactment marked the culmination of a long campaign aimed at tackling the abuse and exploitation which is so widely associated with prostitution. The Minister and I take this opportunity to acknowledge the big role of Senator Bacik in that campaign, and all members of the House who recognise the vulnerability to exploitation and abuse of those involved in prostitution.

The new offences under the Act are a general offence of paying to engage in sexual activity with a prostitute, which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1,000 for a second or subsequent offence, and the more serious offence of paying for sexual activity with a trafficked person in the context of prostitution, an offence which carries a potential penalty of up to five years imprisonment and-or a fine. In both cases, the person selling or, in the case of a trafficked or exploited person, being forced to sell the sexual service will not commit an offence.

Section 27 of Part 4 requires a report after three years on the number of arrests during that period in respect of the new offences as well as an assessment of the impact of the offences on those who provide sexual services for payment. The Minister believes that three years is the minimum period in which systems and practices can be effectively bedded down and operated so that reliable conclusions can be drawn from the information gathered for the review. That report, of course, relates to the effect of legislation from the date of its commencement on 27 March 2017, and as such is not of immediate relevance to the matter before the House but will be an important milestone in terms of measuring the effectiveness of a new approach to dealing with prostitution and the exploitation linked to it. The two tables provide the information sought by the Senator and there is no need for me to go through the figures as they speak for themselves.