Diarmuid Wilson (Fianna Fail) | Oireachtas source

I welcome the Minister, Jim O'Callaghan, to the Chamber. It is my first opportunity to have the honour of welcoming him as Minister for Justice. I wish him well in the four and a half years or more, hopefully, ahead. I also welcome visitors to the Public Gallery who have an interest in this particular subject. I congratulate Senators Harmon, Cosgrove, Noonan and Stephenson on tabling this important legislation. It is profoundly regrettable that we have to lay this type of legislation before the Oireachtas. Unfortunately, it is necessary. I want to put on the record of the House that Fianna Fáil will be supporting this legislation this afternoon.

Combating the scourge of domestic, sexual and gender-based violence is a key focus for the Fianna Fáil Party. I am glad that, through his good offices as our spokesperson on justice, the Minister ensured that this would be contained within the programme for Government. I know that he and his officials are working hard to put copper-fastened legislation together in this regard.

The Bill tabled by our colleagues seeks to create two offences, the first of which is advertising sex for rent and the second of which is importuning sex for rent. Any behaviour from accommodation providers, be they male or female, seeking to use their position to prey on vulnerable people is unacceptable and the Government is seeking to address this exploitative behaviour by making the offering or advertising of accommodation for sex in lieu of rent a specific criminal offence.

However, it is worth noting that, while a specific offence criminalising sex for rent is under consideration, section 9 of the Non-Fatal Offences against the Person Act 1997 already provides for the offence of coercion to compel a person to commit an act through violence or intimidation. In addition, the Criminal Justice (Miscellaneous Provisions) Act 2023 extended the scope of the existing harassment offence under section 10 of the Non-Fatal Offences against the Person Act 1997 to cover persistent conduct causing alarm, distress or harm. Section 10(3)of the 1997 Act, as amended, now sets out a non-exhaustive list of the types of conduct that constitute harassment.

I acknowledge the work Ms Ann Murphy of the Irish Examiner has carried out in this regard.

I would like clarification on the fines that are in place up to €50,000 with regard to anyone convicted of this particular heinous crime. I note that there is not a provision for imprisonment within this particular legislation. Why not? I believe that anybody who is convicted of this heinous, horrific act should not only be fined, but also face a term of imprisonment. I also believe it is important that the Bill would cover the targeting of all vulnerable people regardless of their sexual orientation. That is why I said in my initial comments that the landlord, be they male or female, should be covered by this legislation.

I very much look forward to the Minister's detailed contribution and I wish him well. I am taking this matter on behalf of my colleague Senator Gallagher, who wanted to be here. He has a particular interest in this area as our justice spokesperson but, unfortunately, he is detained in his constituency on another matter. He is on his way up, though, and I hope he will get to contribute before we are finished this evening.

Once again, I congratulate all of our colleagues on tabling this legislation. I acknowledge that Deputies Cian O'Callaghan and Ó Broin brought similar legislation to the Lower House. I love using the term "the Lower House". Working collectively, we can, through the Minister, put copper-fastened legislation together that will cut out this heinous and horrific crime.