Lynn Ruane (Independent) | Oireachtas source

As the Minister will be aware, Part 4 of the Criminal Law (Sexual Offences) Act 2017 set out new criminal penalties on the purchase of sexual services from sex workers, where the buyer of sex is criminalised but the sex worker is not, sometimes referred to as the Nordic model.In response to concerns that have been raised on the impact of this model on the safety of sex workers in jurisdictions where it has been implemented, the then Minister, Frances Fitzgerald, agreed to a report on the operation of the new provisions incorporating the number of arrests and convictions and an assessment of their impact on the safety and well-being of sex workers. That section was commenced in March 2017, meaning that the report will be delivered to the Oireachtas hopefully before March 2020.

My first question is, therefore, what progress has been made in relation to the preparation of this report? What is the process of the Department in assembling the information set out in subsection (2)? What level of detail or analysis will be undertaken and how long will the report be? As the Minister will be aware, the Nordic model has been criticised internationally by organisations representing sex workers and human rights bodies like Amnesty International, on the ground that it puts women involved in an even more vulnerable position, as it forces them to rely on law enforcement for their safety, when there may be low levels of trust in the criminal justice system or where the sex worker is a migrant, there are fears around the impact on immigration status. Sex workers surveyed in Norway have even said that one only calls the police when one thinks one is about to die, and a recent Government report in Northern Ireland found that it led to a spike in demand for sex work rather than a decrease. Based on what we know, it is likely the same issues are being reproduced here in Ireland. The increased penalty for brothel keeping in the 2017 Act, where a brothel is defined as "two or more sex workers", is forcing women to make themselves more vulnerable by working alone or risking prosecution.

In June of this year, we saw two migrant women from Kildare receive significant custodial sentences under these provisions. When this is compared to the extraordinarily low number of client arrests and prosecutions, it is clear that this law is having a disproportionate impact on the female sex workers rather than the intended target: the buyers of sex. I am sure the Minister will agree that these are very concerning developments, and they call into question the effectiveness of these provisions, especially when those who support them frequently invoke their positive impact on sex worker safety internationally. It places even greater pressure on this report process to properly analyse the law considering these developments.

My second question is, therefore, if the law is being found to have a negative impact on sex worker safety, will this report be considering options for law reform to improve safety and well-being? Will the Minister be considering alternatives to the Nordic model of buyer criminalisation as a result? At the very least, will the Minister consider repealing the draconian provisions on brothel keeping and make them fit-for-purpose, rather than just forcing vulnerable migrant women to work alone?

I know in responses to parliamentary questions on this issue that the Minister will be engaging with An Garda Síochána, the HSE and civil society groups and that he will be funding research in this area. What is the methodology that will be used for the research? Will the Minister commit to it being independent and based solely on the evidence, excluding stereotypes and misconceptions of sex workers? Will it place the voice of sex workers themselves at its centre and not just rely on testimony from An Garda Síochána and civil society organisations?

I would appreciate a response to these specific questions. I am deeply concerned by the impact of this law and believe that it is actively causing harm to extremely vulnerable women. I hope this report and doing it properly is a significant priority in the Minister's Department, and I look forward to hearing his response.