Seanad debates

Tuesday, 5 February 2019

Nithe i dtosach suíonna - Commencement Matters

Legislative Reviews

2:30 pm

Photo of Ivana BacikIvana Bacik (Independent)
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I welcome the Minister of State, Deputy Stanton, to the House. I am delighted he is here to take this matter in which I know he has a strong interest. My Commencement matter is to ask the Minister for Justice and Equality to provide information on the progress made to date in conducting the three-year review of the operation of section 7A of the Criminal Law (Sexual Offences) Act 1993. In particular, I seek an outline of the progress made in providing the additional resources promised to support those seeking to exit prostitution and for research into the operation of section 7A.

The Minister of State is well aware of the context for this question. It is the passing into law in 2017 of Part 4 of the Criminal Law (Sexual Offences) Act, which created in section 7A of the 1993 Act a new offence of purchasing sexual services, thereby criminalising the buyers of sex, while also decriminalising individuals who sell sex. The primary objective, as the Minister of State is well aware, was to tackle the demand that leads to sexual exploitation, predominantly of women and girls. The context was the 2013 recommendation of the justice committee, which was chaired at the time by the Minister of State and on which I served, that a law be introduced here in line with the approach taken in Sweden and an increasing number of other countries worldwide which seek to tackle demand by criminalising the purchase of sex. In Ireland, we had seen a long campaign by the civil society alliance, Turn Off the Red Light, TORL, to which more than 70 groups were affiliated. The work of TORL fed into the committee's review but, as the Minister of State is aware, we also conducted extensive hearings.

The legislation was commenced on 28 March 2017 and I understand the three-year review is thus due in March 2020. There is some concern among civil society groups that worked with the Turn Off the Red Light campaign and are very supportive of the legislation about how the review required by section 25 of the 2017 Act will be rolled out. My objective today is to get some clarification as to how it is proposed the review will be conducted and to ask the Minister of State to outline whether the promised additional resources will be provided to support those seeking to exit prostitution. A review of the debates on this matter would show that even those who opposed the legislation supported the provision of resources to assist those who wish to exit prostitution. There was an expectation that projects such as the Women's Health Project and groups working closely with those seeking to exit prostitution such as Ruhama would be given resources to assist them in their important work. The Minister of State travelled with other members of the committee to Sweden on a fact-finding trip in 2012 when we saw the resources that are put in place in that country to support the implementation of its law.

I am also keen to find out what progress has been made in resourcing research into the operation of section 7A. We need to ensure the review will be evidence based and research will be done to provide facts on which the review will be based.

I would also like resourcing to be provided for a public awareness programme on the legislation and its purpose. The first conviction under Part 4 was reported on 21 January last. One assumes the reporting of that conviction will have knock-on and deterrent effects. We know from other research that knowledge that people are likely to be prosecuted acts as a deterrent and has a very welcome effect of suppressing demand. We know also that implementing new criminal legislation creates challenges. While the reporting of cases such as the conviction secured in recent weeks will have an important chilling effect, we are all conscious that resourcing must be put in place for specialist Garda units assigned to the work of targeting sex buyers and the organisers of prostitution who feed on demand.

I have raised a number of different issues. I know the Minister of State is personally concerned about this matter and I welcome his attendance in the House to respond.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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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.

Photo of Ivana BacikIvana Bacik (Independent)
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I thank the Minister of State for the very full response. I very much welcome the plans of the Department of Justice and Equality to conduct an awareness-raising initiative. It will have a large role to play in supporting the suppression of demand, as sought through the legislation.

I welcome the announcement that the funding for Ruhama was increased in 2017 and in 2018. I note the Minister of State does not refer to any additional resources being provided to the HSE women's health service. I wonder whether resources to that important service will be increased also because the service does a great deal of work in supporting women and others involved in prostitution.

I note the Minister of State's point about the report. Section 27 of the Act states it shall include information on arrests, convictions and the impact of operation. Is it possible, however, that other material might be in the report? Could the Minister of State comment on that? Could he give more detail on the research projects the Department of Justice and Equality will be funding to measure the impact of the new legislation on the welfare of women engaged in prostitution? I would be interested to know the basis on which those resources are being allocated.

Photo of David StantonDavid Stanton (Cork East, Fine Gael)
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I thank the Senator for raising this matter and making those points. The Department of Justice and Equality is actively engaged in co-ordinating measures to reduce demand for the purchase of sexual services and in developing support strategies for persons seeking to exit prostitution. I recognise the important role of An Garda Síochána, the HSE, State agencies and the NGO sector play in supporting our national objectives in this regard. These organisations also play a strong role in the national strategy against human trafficking, which has a strong sexual exploitation dimension.

The Minister believes Part 4 of the Criminal Law (Sexual Offences) Act 2017 has played an important role in this process, and he is committed to the delivery of a comprehensive review of its operation. On behalf of the Minister, I assure the House that his Department will continue to support this important area through research, awareness-raising, NGO funding and co-ordination measures. I do not have any information to hand on the HSE women's health service. It is possibly best got from the Department of Health rather than the Department of Justice and Equality.

As the plans and research come to hand, I will arrange for them to be communicated to the Senator. There are other inputs. I am aware the Senator has a personal interest in this matter and I will ensure she is kept informed in the best possible way as this develops.