Lynn Ruane (Independent) | Oireachtas source

I hope that in the coming weeks we can arrange statements on the recent publication of the review of the operation of section 7A of the Criminal Law (Sexual Offences) Act 1993. I was in the minority in this Chamber in 2017. Only a couple of us at that time spoke against the introduction of section 7A. It was promised at the time that there would be a review of the Act by 2020. Five years later, we finally see that review.

I have gone through the review extensively in the weeks since its publication. There were 1,200 public surveys and approximately 199 written submissions. A large majority of those spoke to the risks of, and concerns around, section 7A. It seemed to me that the majority of those contributions spoke about the risks of the section but that does not seem to be reflected in the review. The House should have a discussion of the issue and statements on the review.

I will give some context. People who oppose the legislation have said, much as they did in 2017, that a power imbalance is created between a person who sells sex and a person who buys sex. To criminalise the person who buys sex seems like the right move in many people's minds but what sex workers have said time and time again is that because the larger risk is with the person in danger of being criminalised, the sex workers must engage in riskier behaviour. The person buying sex takes more control and power because that person is taking the biggest risk in the transaction. Sex workers and those involved in sex work have long said that this imbalance puts their lives in danger. Under the brothel keeping legislation, two people working together could be seen as a brothel. People work together for safety.

If people can put out of their minds the morality perspective and the question of whether they agree with the activity itself, this is about what we can do to cause the least amount of harm and risk to an extremely vulnerable group in society. Sex workers have said time and again that the legislation increases the risk to them and their lives. When we consider the small minority of people who have received convictions under this legislation, we can see it does not do what it was intended to. The legislation does not drive down demand for this type of transaction in any shape or form. I hope we can have statements on that review in the coming weeks.