Seanad debates

Tuesday, 5 February 2019

Nithe i dtosach suíonna - Commencement Matters

Legislative Reviews

2:30 pm

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

On behalf of the Minister for Justice and Equality, Deputy Charlie Flanagan, I thank Senator Bacik for raising this important matter and offer the Minister's apologies for not being able to address it in person.It is hard to believe it is so many years since we addressed this. It was 2012.

I remind the House of the provisions of the Criminal Law (Sexual Offences) Act 2017 that related to prostitution-related offences. Part 4 of the Act provides for two new offences: paying for sexual activity with a prostitute and paying for sexual activity with a trafficked person, with the latter offence carrying a penalty of up to five years' imprisonment or an unlimited fine, or both. The Act removes those who offer their services as a prostitute from the existing offence of soliciting for the purpose of prostitution. A key objective of Part 4 of the Act is to reduce demand for sexual services, as the Senator said. As regards actions on the ground, I believe the message is getting out to those who purchase sex.

In recent months, a number of files have been sent to the office of the Director of Public Prosecutions, resulting in the much-published first conviction for the purchase of sex earlier this month. Furthermore, the Department of Justice and Equality has advanced plans to conduct an awareness-raising initiative later this year relating to the offence of purchasing sex.

As regards supporting persons who wish to exit prostitution, comprehensive measures are already in place. The Department of Justice and Equality provides annual funding to Ruhama to ensure that women who wish to exit prostitution receive the necessary support to develop the confidence and capacity to rebuild their lives. This funding was increased in 2017 and again in 2018. With regard to State support, the HSE's women's health service provides sexual health and outreach support for women affected by prostitution and trafficking for sexual exploitation. The service comprises a free comprehensive sexual health service, including full sexual health testing, treatment and contraception.

The Act was enacted on 22 February 2017, and much of the Act, including the provisions I have described, were commenced on 27 March 2017. Part 4 of the Act specifies that, not later than three years after its commencement, a report will be prepared on the number of arrests and convictions in respect of the new offences, as well as an assessment of the impact of the section on those who provide sexual services for payment. Inputs to the report will come from a number of sources. The first will be from the monitoring of investigations, arrests and convictions by the Garda National Protective Services Bureau. Additional information will be provided by the HSE's women's health service and by civil society organisations working in this field. Furthermore, this year the Department is funding a number of research projects that will measure the impact of the new legislation on the welfare of women engaged in prostitution, the outcomes of which will inform the report. I hope that answers the Senator's points.

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