Ivana Bacik (Independent)
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I welcome the Minister for Justice and Equality to the House. I am very grateful to him for coming in to respond to the matter I have put down, namely, what mechanisms for gathering data exist regarding the operation of the new prostitution-related offences of purchase of sexual services under the Criminal Law (Sexual Offences) Act 2017 and how it is proposed to record instances of the new offences and to measure the impact of the new law overall. In the week after the Facebook revelations have emerged, I am conscious that any question about gathering data sounds somewhat suspect but, clearly, this is a very important question relating to how we can measure the impact of the new offences introduced in the Criminal Law (Sexual Offences) Act. Today marks the first anniversary of the enactment of the 2017 Act.The anniversary was marked earlier outside the gates of Leinster House by a group of organisations. I pay tribute to the great work they did over a number of years to bring about the change in the law. I pay particular tribute to the Turn Off the Red Light campaign, Ruhama and the Immigrant Council of Ireland among others. I worked with all of them on the justice committee, as did many colleagues. A committee recommendation ultimately led to the enactment of the new offence of purchase of sexual services.

However, I am conscious that a three-year review period is built into the Act and one year has passed. The organisations are seeking to ensure adequate resourcing and training of gardaí to operate the new offence successfully, and my party colleague, Deputy Sherlock, will ask questions in the Dáil about that. My question relates to the measurement of the impact of the new offence. Denise Charlton of the UCD sexual exploitation research project, who was very involved in the campaign to change the law to criminalise purchase of sex, has pointed out that solid data are needed to ensure the law is working. I note concern on the part of the Immigrant Council of Ireland and others that the progress in implementing the law and making it part of policing practice has been slow to date. There is concern about issues such as accommodation for victims of trafficking who often end up living in direct provision centres. While anecdotally we hear from Ruhama and others that women feel safer because they are not being criminalised, given another effect of the legislation was to decriminalise the selling of sexual services, we do not have access to relevant data to ascertain how the Garda is enforcing the offence of purchase of sexual services. For example, have arrests been made under the new legislation? Have there been any recorded instances of the offence? Have there been prosecutions, although I do not believe there has been? Such basic policing data would be helpful. That is the reason for tabling the matter and I have done so on a particular date, which is the first anniversary of the enactment of this important legislation.

Charles Flanagan (Laois, Fine Gael)
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I thank the Senator for raising this important matter and I acknowledge her strong record in this policy area over many years and her contribution in ensuring this legislation was placed on the Statute Book.

I would like to remind the House of the provisions of the Act, as they refer to prostitution-related offences. Part 4 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. The new offences under the Act are, first, 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, second, 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.

The Criminal Law (Sexual Offences) Act was enacted on 22 February 2017, and much of the Act, including the provisions I have just described, was commenced on 27 March 2017 - one year ago today, as the Senator said. Since then, the offences have been available for investigation and prosecution by An Garda Síochána and the Office of the Director of Public Prosecutions. The operation of the offences, and data gathering mechanisms in respect of same, are operational matters for those organisations. I acknowledge the work of many support organisations in this area, in particular, the Turn Off the Red Light campaign, Ruhama, Ms Denise Charlton and others.

A new incident category on PULSE, titled "Purchase of Sex" will capture the offence of the purchase of sexual services. This is part of PULSE Release R7.3 and is scheduled to be live on PULSE by 30 March 2018.It will provide a facility to capture all incidents relating to the purchase of sexual services. The Garda national protective services bureau is monitoring the impact of the offences and is developing initiatives to ensure adequate and proper enforcement. Senator Bacik will be aware that arrangements for the measurement of the impact of the law are set out in section 27 thereof. The section specifies that a report will be prepared after three years on the number of arrests during the initial three-year 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.

Senator Bacik is right to speak about resources. Last night, I attended the annual conference of the Association of Garda Sergeants and Inspectors where the issue of resources for training on new legislation such as this was discussed. As Minister, I am very keen to ensure the resources the Government provides to An Garda Síochána are focused on these new areas of activity and investigation, all of which are extremely important in the context of this reforming legislation.

Ivana Bacik (Independent)
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I thank the Minister for his kind words. I should have paid tribute to the Minister's predecessor, Deputy Frances Fitzgerald, who played a key role in driving through the legislation. I accept that data gathering mechanisms are operational matters for An Garda Síochána and the office of the DPP but there has been a good deal of concern about how data are gathered by the Garda in recent weeks, particularly homicide data and data on domestic violence. It is important to ask these questions. I hope to do this in a constructive manner to assist in ensuring the legislation is implemented effectively. I am glad to hear the new PULSE category will be made live by the end of this week on 30 March. It is good to hear. I am glad initiatives to ensure enforcement are being developed. I will keep the matter on a priority list by raising Commencement matters as much as I can.

I think I am right in saying the report on the number of arrests made must be prepared within the three-year period. I hope we will have data in advance of that, perhaps in a few months' time, on the number of arrests and incidents recorded. Will the Minister indicate if that will be possible? I intend to raise the issue again to assist the Minister and his officials in ensuring the new law is effective.

Charles Flanagan (Laois, Fine Gael)
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I would be very happy to explore the issues raised by Senator Bacik in the context of ensuring the House is fully informed of developments and can continue to offer help, assistance, support and influence over the process. The exact nature of the report mandated under the new Act has not yet been decided. Information provided by the women's health service of the HSE and by organisations such as Ruhama and An Garda Síochána will form part of the report. These organisations work together towards the protection and welfare of those engaged in prostitution and the investigation of criminality where it arises. Officials from my Department have been engaged in discussions with these and other organisations as part of a civil society-led working group to support the implementation of the Act. In this regard, I acknowledge the support and active engagement of Senator Bacik and others, which I very much welcome.

I would be happy to subject myself to questioning and regular reviewing of how matters are progressing. Within An Garda Síochána, the Garda national protective services bureau plays a very important and lead role in the provision of operational guidelines on the policing of prostitution and brothels. Within the bureau, Operation Quest is a national unit primarily involved in investigations targeting organised prostitution and habitual brothel-keeping right across the country. A major part of the work undertaken as part of Operation Quest is the raising of awareness among those engaged in sex work of the services available to them in terms of their welfare, support and health, including support to exit prostitution.

I thank Senator Bacik for raising the issue. If there are any specific aspects of the matter she would like me to pursue, I would be happy to do so.