Teresa Costello (Fianna Fail)
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Before we start, I welcome the representatives of the Union of Students in Ireland, the National Women's Council, Rape Crisis Ireland and the Irish Council for International Students.

Laura Harmon (Labour)
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I move: "That the Bill be now read a Second Time."

I will share my time with Senator Nessa Cosgrove, who will be seconding the proposal. I thank the Minister, Deputy O'Callaghan, and welcome him to the House. I thank him for his engagement on this issue to date. I know the Minister and the Government are also keen to find a solution to this and have been looking at solutions to this. I want to work collaboratively with the Minister on this. I believe we can work together to get this Bill passed through both Houses. I know this is in the programme for Government and I am certainly open to suggested amendments to the Bill and to working collaboratively and cross-party as well. I will take this opportunity to thank my colleagues in our new cross-party group in the Seanad who have co-sponsored this Bill, namely, Senators Cosgrove, Stephenson and Noonan.

This Bill has been received very positively by many civil society organisations such as the National Women's Council, Threshold, the Union of Students in Ireland, the Dublin Rape Crisis Centre, Rape Crisis Ireland, Women's Aid and the Irish Council for International Students, where I am the outgoing executive director. This is an issue I was working on myself for a number of years prior to becoming a Senator, so I welcome the representatives to the Visitors Gallery here today. I know there are people watching online who are very concerned about this issue and who want to see a resolution put in place.

The term "sex for rent" refers to situations where landlords, property owners or those subletting offer reduced or free accommodation in exchange for sex from prospective or current tenants. This practice preys on individuals who are often in vulnerable situations such as students, low-income earners, migrants, women or those facing homelessness. Certainly, those fleeing domestic violence situations are at risk as well. A power imbalance is often inherent in these arrangements, which leaves tenants susceptible to abuse.

I acknowledge there have been two previous attempts to try to legislate for this issue. There was one from the Social Democrats by Deputy Cian O'Callaghan and, previously, another from Sinn Féin by Deputy Eoin Ó Broin, who has also welcomed my Bill. I hope this will be the third time lucky because we have been waiting years for this. There is a huge degree of support for this issue and a hunger to work collaboratively to get a resolution put in place. The new Minister has an opportunity to send a clear message to predators that this behaviour is not acceptable and that they will face consequences. This is also an opportunity for the Government, as a whole, to take on this issue as part of the housing crisis. I believe there is an opportunity for the Minister to legislate on this issue before the next college term this September. That would be a real win for many people and certainly for students.

I thank and commend the Cork journalist Ann Murphy from the Irish Examiner, who has been consistently covering this issue over a number of years, exposing ads she has seen online and writing about this issue at time when nobody was writing about it. She has won an award for her journalism on this and has been covering it for a number of years. It featured in a "RTÉ Investigates" episode a number of years ago as well. It has been well highlighted in the public domain.

Some ads are on prominent sites such as Daft.ie and can be masked in language like "must be open-minded", "must be up for having fun in the house" and "can negotiate" in terms of rent. It is often not until written messages are exchanged or the person views the room that the nature of what is being offered becomes clear. This can be very scary for people and it is often those whose first language is not English who are most vulnerable to the ambiguous nature that is often a feature of these ads online. Just last week, the journalist herself, Ann Murphy, identified an ad online for a room to rent in Dublin that said negotiation could be based on what applicants could offer. The ads are there and are being run very frequently. Ads have been detected across the country, from Limerick to places like rural Clare, Cork, Waterford, the midlands and Dublin. It is not just urban areas but both urban and rural. Again, I commend Ann Murphy in particular on her journalism on this.

The ads on housing websites often have certain hallmarks, which have been identified by the National Women's Council in its research. They will often not advertise any rental price. Sometimes, they will set a nominal fee. For example, they might offer a room for €1 per month or there will be a declaration that the rental price is negotiable. Often, there will be a failure to identify the exact location of the property and the full address will not be there, again because they are hiding behind this. They will also tend to target a particular type of renter. They might say they are just looking for women or refer to a certain demeanour or look they want in the person. The ads often include a request for a photograph or a physical description of the person they desire to have in the house. Those are some of the features of the ads, which, as I said, can be quite ambiguous.

The Irish Council for International Students has conducted two surveys, in 2023 and 2024. The 2023 survey found that 70% of respondents who had seen these ads had seen them on social media and not on traditional housing sites. The 2024 survey detailed that 81% had seen the ads on social media and 19% had seen them on more traditional housing websites. The ads are often placed on Facebook, Instagram or other platforms or sent through WhatsApp. It is not always on the traditional housing websites.

Of course, by proposing sex for rent in this way, predatory landlords or persons can evade detection. Individuals can also receive these proposals through direct messages, however, which are more targeted and are likely to be more distressing than a generic ad online because it means the person has got the phone number of the individual. It can feel more personal and quite scary to them. It is often not until a person goes to view the room or enquire about the ad that they might get a follow-up text message. The key aspect of this Bill is that it does not just cover traditional websites but also text messages and all forms of electronic and verbal communication. It also covers the subletting of rooms and digs. It will introduce a class A fine of up to €50,000, meaning a significant fine would be introduced as part of the Bill if enacted.Despite the egregious nature of sex for rent, Ireland's current legal framework lacks specific provisions to address it adequately. While certain aspects of sexual exploitation are covered under existing law, there is no specific legislation criminalising the importuning of sex in exchange for accommodation. This legal void allows perpetrators to operate with relative impunity, leaving victims with limited avenues for redress.

Research from the Irish Council for International Students, published last February, exposed the alarming realities international students face in Ireland when struggling to find safe, affordable accommodation of a good standard. The extent of financial strain and overcrowding is deeply concerning. Urgent action is needed to address these issues, in particular the sex-for-rent issue, to ensure Ireland remains a welcoming and supportive destination for international students. This can affect our reputation as a study destination because those affected have families and friends back home. Students will state what happened to them and their friends when they came to Ireland. It is certainly having an impact.

The survey found that 5% of female students who responded said they had either seen or had been directly offered a proposal in relation to sex for rent. Therefore, it is prevalent. The statistic is significant. Commenting on the findings at the time, Ana Valdez, an English language student from Mexico living and studying in Dublin, said, "Decent housing is supposed to be a human right, and although Ireland is a beautiful country with great opportunities, the housing crisis has turned the country into a really bad and impossible experience for many people, resulting in overcrowding, poor mental health, sky-high costs, abuse by landlords and even sexual harassment."

Beyond the statistics, there are many personal accounts that highlight the profound impact of sex-for-rent propositions on individuals. One international student recounted that, "The owner asked after five days if I wanted sex", illustrating the predatory nature of some landlords. Another student shared the following, "One said I could sleep with him and then sent obscene images to me." These testimonies reveal the psychological distress and violation of personal boundaries experienced by the victims. A female undergraduate from Germany said she had seen "numerous ads on accommodation websites, platforms and Facebook groups" advertising sex for rent.

While this issue predominantly affects women, it can affect men too. A Brazilian male wrote, "A guy on Facebook offered a room to me in exchange for sex." A male student from Guatemala reported his experience. He said, "When I went to view a room, the landlord started to speak to me in a sexual tone and mentioned that there were 'other ways' of paying the rent." These are just some of the experiences of respondents to the ICOS survey.

The National Women's Council has been at the forefront of advocating for change in this and emphasising that sex for rent is a form of sexual exploitation. Of course, there can be gender-based violence as well. The council has called upon the Government to take action on this. It is imperative we do so. We need to have a solution, and this Bill I am proposing with the support of our Cross-Party Group is to put a solution in place and work collaboratively.

Ireland's ongoing crisis has exacerbated the prevalence of sex-for-rent offers. With soaring rent prices and a shortage of affordable housing, many individuals find themselves in desperate situations, and this desperation creates an environment where exploitative individuals can take advantage of those in need. There are not enough refuge spaces for those fleeing domestic violence in Ireland. Homelessness figures are rising, as the Minister knows, and rents are going up. There are limited protections for licensee agreements in digs. The cost of living is soaring and food prices are rising. The housing crisis is the backdrop against which the predators are operating. In the absence of penalties, they are allowed to get away with their activity in many instances.

I want to talk a little about students' unions. I was very alarmed recently when I met Gearóid Folan from the Technological University of the Shannon, who is in the Gallery. His union has said this issue is becoming really prevalent for students' unions and they have had to take down many ads in their colleges. When I was president of the USI ten years ago, this was not an issue that was featuring. It has become more prominent. This Bill is the first step in addressing it.

Nessa Cosgrove (Labour)
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Tá fáilte romhat, a Aire. Beir bua agus go n-éirí an t-ádh leat i do phost nua.

I commend my colleague Senator Laura Harmon on introducing this Bill and welcome to the Gallery all the people who have worked very hard with her on bringing it forward. I also commend the Cross-Party Group.

This Bill is about protecting the vulnerable and marginalised, and it is about clamping down on predators who are taking advantage of the housing crisis to target vulnerable people. It is vital we do not view the content of this Bill without considering the context, as Senator Harmon has outlined. A chronic housing shortage that has endured for more than a decade now and resulted in more than 15,000 people without a home has produced a huge number of vulnerable people at risk of this most heinous form of exploitation. The need for shelter is one the most basic needs of a person, and those who are targeted with sex-for-rent ads are often the most vulnerable. They include those in poverty, those fleeing domestic violence and those with mental health issues. While we legislate against this outrageous and unacceptable behaviour, we also need to address the ongoing systematic shortage of available accommodation. Symptoms of the housing shortage, which increases the vulnerability of people to exploitation, include increased numbers of house purchases, which have risen by 13% in County Sligo and are expected to rise by another 10% in 2024, and increased rent levels, which in Leitrim, in my constituency, have soared to whopping 98% since the start of the pandemic.

I want to talk about student accommodation in particular. As Senator Harmon has outlined so clearly, every town and city with a substantial college or university is experiencing a shortage of student accommodation. In the north west, the development of the Atlantic Technological University has been one of the biggest success stories of recent years. We have seen the amalgamation of six college campuses into a single university entity. This means in excess of 23,000 students can access a genuinely world-class education in the north west. However, the success of this project has come with a cost. In Sligo alone, 10,000 students study full time, part time or online, and while new flexibilities, particularly around online study, relieve some of the pressure on accommodation, there are significant shortfalls. Our over-reliance on the private sector to provide houses for students has led to the loss of beds that were supposed to be dedicated for student use. The beds are often relocated for other services.

I could go on and on but will just commend Senator Harmon once again. I support her in saying that while the housing catastrophe continues and we are unlikely to see the elimination of sex-for-rent exploitation, we can pass this Bill, which would criminalise those advertising sex for rent and create a clear offence that could be reported to the Garda. This Bill will not end the housing catastrophe but will forbid the advertising or requesting of sexual services for no or low rent. It would send a clear message that this predatory behaviour will not be tolerated in Ireland and that perpetrators will face serious consequences.

Cathal Byrne (Fine Gael)
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I thank Senators Harmon, Cosgrove, Noonan and Stephenson for introducing this Bill in the House today and commend them on doing so. It is safe to say I can speak for everybody in this Chamber in saying that anybody who chooses to perpetrate the practice of, or promote, sex for rent is abhorrent. It is completely and utterly against what good, decent Irish people stand for. It is only right and proper that there be legislation in this area and, indeed, a criminal statutory offence for anybody who engages in the practice. I note the aim of this legislation is to prohibit the advertising of sex for rent but also to promote a criminal offence for anybody who does so. That is certainly to be welcomed.

I am aware of the background to the Bill. I wish to put on record my congratulations to Ann Murphy of the Irish Examiner and my appreciation for her work in this area. It is only right and proper that, on Second Stage of this Bill, the work she has done to highlight this issue and tell some of the stories of the victims of the horrible act in question be acknowledged and noted. I also acknowledge that this is the third Bill in the Chamber seeking to criminalise sex for rent. I recognise the work done by the Oireachtas justice committee in this area. There were significant debates and discussions and a significant examination at meetings of the committee and in the public consultation work it undertook with various stakeholders, including the RTB.The most important purpose of any legislation is to make sure that if we are to introduce a criminal penalty for something, it stands up to scrutiny and a prosecution can be successful. I noticed that, in the Chamber earlier, we had Deputy Bacik, who was my law professor in Trinity College Dublin when I studied law. I am sure that she would agree with the spirit of that as well.

It is important to recognise the work that has been done in the programme for Government, which is committed to creating a statutory offence in this area. I am aware that the Minister will contribute on this debate later. It is a priority for Fine Gael and the Government to make sure there is a zero-tolerance approach to domestic, sexual and gender-based violence. I recognise the work that was done by the former Minister, Helen McEntee, in creating the domestic, sexual and gender-based violence agency, Cuan, and committing in the programme for Government to 280 new refuge spaces by 2026 and a refuge in every county over the course of this term. I acknowledge the great work that is being done in the new women's refuge in Wexford town, which I had the opportunity to visit last year on its official opening. It is important to note that as well.

There was plenty of discussion on this legislation as it made its way through previously, but one of the concerns that was flagged was that, while there was not any constitutional issue with creating a specific criminal offence of advertising sex for rent or promoting sex for rent, the drafting had to be sufficiently precise to make sure that, if there were to be prosecutions, they could stand up. There is a balance to be sought between somebody, for example, a college student, who advertises to rent a room and does not intend to pursue anything of a sexual nature but may suggest that he or she is looking for somebody with whom he or she can get on. It is important that any legislation that is introduced strikes that balance between not seeking to criminalise a poorly worded advertisement that is put up by a college student and seeking to criminalise the advertisement of an expressed exchange of sex for rent. It is important that, as this legislation makes its way through the Oireachtas system, this balance is struck. It is important that we balance the goal we are seeking to achieve with any responsibilities we have to make sure there are not prosecutions taken where that offence was never the intent.

I congratulate the Senators on introducing the Bill. As somebody who is 33 years of age, I have seen advertisements that have been put forward in which the clear intent behind them was to advertise sex for rent. While the wording was meant to disguise that, that was the clear intention. This is something that should never be allowed in this country. We have a legal vacuum on it at the moment, and it is only right and proper that we all work together in this House to criminalise something that the people who are watching certainly expect us to.

Teresa Costello (Fianna Fail)
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Before I call the next speaker, I would like to welcome Mr. Colm Gannon from the International Centre for Missing and Exploited Children, ICMEC, to the Gallery.

Diarmuid Wilson (Fianna Fail)
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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.

Sharon Keogan (Independent)
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I thank our colleagues in the Labour Party and the technical group for tabling this legislation. I support the Bill. It is a crucial step in addressing a deeply troubling issue that has emerged in our society: the exploitation of vulnerable tenants by unscrupulous landlords who demand sexual favours in lieu of rent.

The housing crisis has reached unprecedented levels. We are all acutely aware of the struggles faced by our citizens in securing affordable and safe housing. The failure of successive Governments to adequately address the crisis has left many people, particularly young people, in precarious living situations. In this context of desperation and vulnerability, some landlords have resorted to the abhorrent practice of soliciting sex for rent. The Bill seeks to criminalise such predatory behaviour. It is a necessary measure to protect those most at risk of exploitation. It will make it an offence to advertise or solicit sexual services in exchange for reduced rent or in lieu of rent. Offenders will face significant penalties, including fines of up to €50,000.

While I wholeheartedly support the legislation, I emphasise the importance of ensuring enforcement remains primarily in the hands of An Garda Síochána. The gardaí are our front-line defenders of law and order and possess the necessary expertise and authority to investigate and prosecute these offences effectively. It is crucial that we do not dilute their role by outsourcing too much enforcement responsibility to the RTB. The RTB plays a vital role in regulating the rental sector and resolving disputes between landlords and tenants but, while it can provide valuable support in terms of information and guidance, the primary responsibility for enforcing this legislation must rest with the Garda. This ensures offences are treated with the seriousness they deserve and perpetrators are held accountable under the full weight of the law.

Furthermore, the housing crisis is a symptom of broader systemic failings. We need comprehensive solutions that address the root cause of the crisis. These include increasing the supply of affordable housing and providing better support for those at risk of homelessness. The Government must take decisive action to tackle these issues head on rather than relying on piecemeal measures that address the symptoms. Additionally, on the question of the Bill's enforcement, I emphasise the need for increased support to An Garda Síochána.

The Bill is necessary because of systemic failures, one of which is the collapse of law and order. It is unacceptable that so many predatory landlords are advertising sex for rent arrangements. They do so because the absence of strong law enforcement has created a culture of impunity for them and other predators. Therefore, I hope the Bill will urge the Government to increase investment in our police force and ramp up recruitment of gardaí.

I urge colleagues to support the Bill and to ensure enforcement remains firmly within the remit of An Garda Síochána, with the RTB providing a supporting role. We must continue to push for comprehensive solutions to the housing crisis that protect all our citizens from exploitation and ensure everyone has safe and affordable housing.

Teresa Costello (Fianna Fail)
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Senators McCormack and Collins are splitting time. Is that agreed? Agreed.

Maria McCormack (Sinn Fein)
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I welcome this Bill tabled by Senators Harmon, Stephenson, Noonan and Cosgrove. This will be the third Bill of its kind introduced in the Oireachtas in an attempt by Opposition parties to highlight the horrendous behaviour of some predatory landlords seeking sex in lieu of rent. I wish to acknowledge Ms Ann Murphy, who first highlighted this in the Irish Examiner, and thank her for all her work, and "RTÉ Investigates" as well.

Sinn Féin tabled similar legislation in 2024 to ban such arrangements and advertisements. My colleague, Eoin Ó Broin, has been very vocal on the issue. The Sinn Féin Bill passed Second Stage with Government support. Unfortunately, no action has been taken by the Government since then. Sinn Féin also supported the Social Democrats' Bill, which passed Second Stage. Again, there has been no action by the Government.

Sinn Féin welcomes this Bill. Well done to Laura Harmon, who was key to highlighting this in her former role as head of the Irish Council for International Students. We can only hope, as Laura says, it is third time lucky and the Government takes action. I welcome the Government has indicated it will not oppose the Bill on this Stage but it needs to allow it to progress fully through both Houses as quickly as possible. This legislation must be enacted.

It is obvious that the wider issue of the housing and homelessness crisis creates the conditions for this form of exploitation. Being a renter in Ireland has never been more difficult. Rents continue to rise, homelessness continues to rise and women and international students are at particular risk of falling into the trap of these landlords who seek sex in lieu of rent. I commend the work of the National Women's Council and the Irish Council for International Students, who have called on the Government to act and have produced reports on the issue.

We need to finally ban the placing of advertisements, the soliciting and the practice of landlords offering discounted or free accommodation in return for sex. These laws must also apply to any estate agents who facilitate this disgusting behaviour. These sex for rent arrangements must be viewed as sexual exploitation and understood as a form of gender-based violence. They must be outlawed, with hefty fines applied and custodial sentences imposed where appropriate. Sinn Féin will fully support the Bill.

Joanne Collins (Sinn Fein)
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I welcome the Minister. It has never been harder to be a renter in this country. In Limerick, like across the State, rents are soaring, supply is vanishing and behind each number is a person - a student, a lone parent or a young worker barely scraping by. There were over 16,000 eviction notices last year. In my county, rents are at record highs. Student accommodation is oversubscribed and people are commuting from towns like Newcastle West and Rathkeale because they cannot afford to live near their colleges or workplaces. Housing supply, whether for renters or buyers, is at crisis point.

In that environment, vulnerable renters are being put in deeply dangerous situations. Limerick has two major universities, UL and TUS, with thousands of international students arriving every year. Many arrive alone with no family, little understanding of their rights and under immense pressure to find housing quickly. In this crisis, some of the most vulnerable renters, especially women and international students, are being targeted by predatory lenders. This is not alternative housing; it is exploitation. It is beyond frustrating that the Government has failed to act so far.

We strongly welcome Senator Harmon and her colleagues' Bill. It is long past time to act on this. We need to send a clear message to every renter that, whether you are living in Drumcolliher or Dublin, Croom or Cork, you are protected, this is not acceptable and this State stands with you and not with the abuser.

Malcolm Noonan (Green Party)
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Cuirim fáilte roimh an Aire. I congratulate him on his appointment. I wish him all the very best for his term ahead. I know he is a reforming Minister, as he has outlined, and this is one area where he can make a significant difference. I welcome the National Women's Council of Ireland and all the other representative organisations that have been campaigning for this for many years.

The rental crisis is symptomatic of a broader housing crisis in Ireland. Nowhere is the rental crisis more evident than in the disgraceful practice of advertising rental properties in return for sex. In recent years and as Senator Harmon outlined, it has become more pervasive than we as policymakers would like to believe. It is not just a Dublin, Cork or Limerick phenomenon; it is a problem throughout the country. We have an opportunity to address this injustice in our rental market, first and foremost, and, importantly, to stop this form of sexual predation. In the longer term, fair, affordable and high-standard rental accommodation with adequate supply will go some way towards ending practices like this exploitation of women. Until then, we must legislate to outlaw and penalise such practice. I commend my colleagues, Senators Harmon, Cosgrove and Stephenson, on this, our first Cross-Party Group legislative proposal. I commend the Labour Party on bringing it forward. As other Senators have said, it is the third attempt to legislate on these matters. I urge the Minister, who is a reforming Minister, not just to support the Bill but to ensure it progresses. Critical to that will be the establishment of Oireachtas committees, which we are all agreed must be done sooner rather than later. I thank my colleague Senator Harmon for bringing forward the Bill.

Alice-Mary Higgins (Independent)
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I welcome the Minister. I commend the Cross-Party Group of Senators Harmon, Cosgrove, Noonan and Stephenson on bringing forward this legislation. In particular, I commend Senator Harmon, who highlighted this issue in her previous role and brought attention to it right across the political spectrum. It is a positive sign that she has followed through on those threads and issues now that she has the opportunity to do so in the Oireachtas.

This welcome legislation builds on Bills that were previously tabled by both the Social Democrats and Sinn Féin. It reflects a grim reality in Ireland's housing crisis, namely, the exploitation of vulnerable renters through sex-for-rent arrangements. It seeks to criminalise what is a predatory practice. To be clear, offering accommodation in exchange for sexual services is not a transaction. It is coercion and abuse that thrives in the shadows of a broken housing system. The failure of successive governments to act for years leaves some renters particularly vulnerable, especially women, migrants and students, including international students, who are at the intersection of migrants and students and do not always have family networks and other supports to fall back on. These people are being left at the mercy of landlords who exploit desperation.

A 2023 survey by the Irish Council for International Students found that 5% of female international students had been directly offered accommodation in exchange for sex or had seen such advertisements. These are not isolated incidents. The National Women's Council of Ireland reported last year that sex-for-rent proposals had become a commonplace feature of Ireland's rental market, with predators targeting those facing homelessness or with precarious immigration status. Despite this level of incidence, Ireland does not have a specific law against this type of exploitation.

People have praised the important reporting done by the Irish Examiner. When that newspaper highlighted these practices in 2021, there was a promise of urgent action. We are now at the third legislative attempt to deal with the issue. Before focusing on the details of the Bill and outlining why it is important, I urge the Minister not just to not oppose the Bill. The Government did not oppose the previous proposals put forward by Sinn Féin and the Social Democrats, but those Bills are lodged on Second Stage. There should be a signal, at this third attempt, that we will actually move on this matter.

This is a very nuanced and carefully worded Bill. It addresses only part of the problem, namely, advertisements. As an Oireachtas, we should set a collective target that the law be changed before next September, when another round of young people will be seeking accommodation, with students coming from all corners of Ireland, and, indeed, from across the world, to every location in which there is a university. We should have a very clear legislative signal on the Statute Book by next September that any attempt to exploit those young people will not be acceptable. Working together and with the co-operation of the Government, either by bringing forward its own legislation or, as I would suggest, taking this Bill, working with it and perhaps lending some Government time to that, there is no reason we, as an Oireachtas, cannot deliver legislation before next September and before we see another round of shocking stories unfold.

The Bill imposes fines of up to €50,000 on landlords advertising or soliciting sex-for-rent arrangements. It closes legal loopholes that have allowed predators to operate with impunity to date. It recognises that exploitation will not always begin with advertisements but can come through manipulative private messages after a seemingly normal rental inquiry. An argument has been made that existing laws should suffice, but they do not. Current legislation treats these cases as very minor offences under tenant-landlord disputes. As we know, there is a wide range of such disputes and these particular cases join a long backlog. Such activity is not treated as sexual exploitation, which is what it is.

Without specific prohibitions, victims do not see a clear path to justice. The Office of the Director of Public Prosecutions has confirmed that only two such cases have reached court in the past decade, with both being dismissed due to insufficient evidence. The current laws are not sufficient to address this issue. These prosecutions are very remote under the current legislation and systems, which the Minister has acknowledged. If the State cannot guarantee enforcement under the current law, then the law needs to be strengthened by way of the Bill that is before us.

A crucial point is that the Bill is not simply about punishment; it is also about prevention. The very fact of putting this legislation on the Statute Book, thereby criminalising advertisements and solicitation, will disrupt the cycle of exploitation. International evidence shows that explicit bans have reduced such offers by more than 60% within two years in France and Portugal, where similar laws were passed. This is about prevention and sending a signal as to what is not acceptable.

The Bill is only a necessary first step. We need a wide range of other measures, including victim support services, public awareness campaigns and more. Crucially, we must address the housing crisis which creates these vulnerabilities in the first place. Progressing the Bill is an important first step. The language in section 3 could be strengthened a little to include some of the references to "reasonable inference" contained in section 2. However, it is really good and straightforward legislation. I hope the Government will support it and lead on progressing it.

Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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Gabhaim buíochas leis an Seanadóir Harmon a scríobh an Bille agus leis na Seanadóirí eile as labhairt sa díospóireacht inniu. I thank Senator Harmon for going to the effort of putting together this legislation. I commend her and the other Members in her group on using Private Members' time for the purpose of progressing the Bill. As somebody who was a member of the Opposition for many years, I am aware of how precious and useful Private Members' time is. Sometimes, it can be more popularly deployed by putting forward something that is current in the media. I want Senator Harmon and other Senators to know that I think there is huge benefit in their putting forward legislation they have gone to the trouble of drafting. It requires significant work to prepare legislation. I say to Senators and to Members of the Lower House, to use Senator Wilson's term, that, as Minister for Justice, I will carefully read and examine legislation put forward in Private Members' time by Opposition Members that comes under the aegis of the Department of Justice.

It is very clear what the Bill we are discussing seeks to do. As I indicated to Senator Harmon, the Government will not oppose it. I am conscious she and the other Senators who have spoken want to see more than that. They do not want a Minister simply to stand here making virtuous-sounding comments and then for nothing to happen in respect of the proposals in the legislation.

The Bill seeks to create two offences. The first relates to the publishing or distributing of an advertisement that leads to a reasonable inference that engaging in sexual activity may be accepted in lieu of rent. It is commendable that we should seek to create such an offence and that the Oireachtas should seek to enact it. I am conscious of Senator Cathal Byrne's point that we do not want to cover circumstances that are benign and do not come within the very disreputable type of activity we are trying to prohibit in this legislation. It is important to note that a court would have to assess that the behaviour or the advertisement is giving rise to a reasonable inference. In any criminal prosecution, the case must be proved beyond all reasonable doubt. The combination of those two requirements will ensure what Senator Byrne is fearful of may not occur.The second offence is where a landlord or prospective landlord solicits or importunes sexual activity in lieu of rent or a reduction of rent. I suspect that may be even more common than the former, given the fact it is not in a formal advertisement, but somebody seeks to importune a vulnerable person by suggesting the person would get a reduction in rent, or free rent, by providing sexual services. Importantly, the Bill also provides for a defence of innocent publication for third-party publishers or advertisers. That is something that is common in many pieces of criminal justice legislation, and I fully agree with its intention and the protection it will provide.

I wish to share with Senator Harmon and the rest of the Members of the Upper House my thoughts on the Bill, and then I will identify some concerns I have about it. I hope that by indicating those concerns and how I believe there is a lack of precision, Senator Harmon will be able to introduce amendments at some stage to correct it.

The first thing one has to do when looking at legislation is identify what the mischief is one is trying to address. It is clear that what we are seeking to address - and this has been identified by colleagues - is unscrupulous behaviour by landlords who use their advantage to prey on vulnerable people by coercing them into sexual acts in exchange for a place to live. As has been indicated by Senator Harmon, there is very clearly a power imbalance in a circumstance where there is somebody who is desperately keen to try to secure accommodation and a person who has the power of being able to grant secure accommodation.

We are all keenly aware of the issues around the availability of housing and the difficult position people can find themselves in as a result, and this Private Members' Bill seeks to address the seedier side of bad behaviour that can occur when what I suspect is a very small minority of landlords seek to take advantage of the high demand for accommodation. I am, however, aware of the level of distress that such an advance would cause to a tenant or potential tenant. It is instructive that there were so many organisations, such as the Union of Students in Ireland and the National Women's Council of Ireland, indicating that their representative organisations believed that this legislation was important and should be progressed. I also commend Ms Ann Murphy for the excellent work she did in highlighting this problem.

We have identified that there is a clear mischief there, and when we identify a mischief, in most instances the criminal justice system and the Oireachtas should move to try to outlaw and respond to it. I accept that this hurdle has been overcome and we need legislation in respect of this. It is also consistent with the aims of the programme for Government. Senators will be aware that, in the programme for Government, there is a commitment to criminalise those who seek sex in exchange for rent. It aligns with the strong commitment of the Government, and the excellent work that was done by my predecessor, the Minister, Deputy McEntee, to combat domestic and gender-based sexual violence. It was for those reasons that, when the matter of Senator Harmon's Bill came before the Cabinet yesterday, I recommended that it not be opposed on Second Stage. I am pleased to say that that was fully endorsed by other Cabinet members.

While the intention behind the Bill has merit, I have to point out that the Office of the Attorney General has advised that the Bill, in its current form, is not sufficiently precise with regard to the definition of the terms used in it, as well as the parameters of the offence, which the Attorney General advises could lead to unsuccessful prosecutions. I am not saying this for the purpose of trying to communicate bad news to Senator Harmon, but it is important that she be aware of what the concerns of the Office of the Attorney General are. That will then be of assistance to her in seeking to get this Bill through the rest of the Stages in the Seanad and when it comes to Dáil Éireann.

I have to keep my mind open in terms of trying to expedite the process. I am conscious that everyone here wants to try to get legislation that has the effect of what is sought here enacted as soon as possible. One of things I have learned about being a Minister is that legislation takes time. I have tried to expedite legislation as much as possible, but to get legislation approved, I typically have to get a general scheme approved in the Department and by the Government. It then has to go to the Office of the Parliamentary Counsel and the Office of the Attorney General to have it drafted. It then comes back and I get approval for it to be brought to the Dáil. People will say that a Minister can sometimes expedite legislation but, regrettably, legislation generally does not move very fast.

However, I have heard loud and clear what has been said to me by Members of this House in terms of their desire to get this legislation enacted as quickly as possible. I will adopt whatever avenue I think is the fastest for the purpose of getting this legislation adopted. Like me, Senator Harmon is not proprietorial about this legislation. She, like everyone here, just wants to see the provision enacted. Whether it is done through her own Bill or a faster Government Bill, I know that it is Senator Harmon's objective is to get it enacted.

I will identify a few points that have been brought to my attention by the Attorney General that will be of assistance. The Bill states it will apply to a licence or a tenancy of a dwelling. As I understand it, "licence" is defined but "tenancy" is not and it seems that the intention is to provide that the meaning of a tenancy agreement includes a licence within the meaning of the Residential Tenancies Act 2004. However, the provision does not achieve its intended purpose due to the way it is constructed, taking into account that, by their very nature, a licence and a lease or tenancy agreement are different types of arrangements. We need a definition of "tenancy" within it.

Another example of where the Bill could be improved refers to the parameters of the proposed offence of publishing or distributing an advertisement for the purposes of obtaining sex in exchange for rent. The drafting refers to the publication or distribution of an advertisement:

for the letting of a dwelling in terms, circumstances or manner which gives rise to the reasonable inference— (a) that an engaging by the tenant in sexual activity with the landlord may be accepted in lieu of rent [or the rent amount may be reduced] ...

What is unclear from the drafting is how the act of publication can have terms or how an advertisement can have a manner or circumstances.

Another point in respect of precision is that the defence of innocent publication draws from the offence of publishing or distributing an advertisement to obtain sex in exchange for rent. Since what exactly is prohibited is not entirely clear, the defence provision may not be viable in this context. Offence provisions that are impermissibly vague risk being found incompatible with the Constitution, as I am sure Senator Harmon knows. For the provisions in this Bill to be constitutionally sound, I am advised that it would be necessary to more clearly define the precise nature of the conduct that is to be criminalised.

There are also some words or improvements that can be made, and I will put these out there for Senator Harmon's consideration. For example, the Long Title to the Bill uses the term "sexual services", and that term is defined in the interpretation section but it does not appear elsewhere in the Bill. The term "sexual activity", which is not defined, is used instead in key sections of the Bill, so there needs to be a harmonisation between "sexual services" and "sexual activity". As Senators know, it is a fundamental value of the Irish legal and constitutional system that in order to hold people liable for the commission of criminal offences, there has to be precision in terms of what type of activity is prohibited. That is the reason I make that point on the difference between "sexual services" and "sexual activity".

The advice from the Office of the Attorney General is that the Bill needs to be tightened up with regard to its provisions. It needs to be more precise. The last thing we want, I would have thought, is to enact legislation that is not precise enough and will have the effect of making it difficult to secure prosecutions. However, I fundamentally agree with the substance of the Bill. We need to address this appalling and exploitative behaviour. It is unacceptable that someone would abuse his or her position by having access to accommodation and preying on a vulnerable person by seeking to extract sexual services from that person in exchange for accommodation.

I accept the point that it is vague as to whether this is covered in our criminal law at present. It probably is not but we need to emphasise that at the centre of our sexual offences criminal legislation is the fact that there must be consent for any sexual activity. It is clearly the case that somebody has not consented if he or she is being coerced into providing sexual services to secure accommodation. That is something we need to be aware of. This Bill was before the Dáil on two previous occasions. I am not prepared just to make platitudinous virtuous comments commending Senator Harmon and leave it at that. I am seeking to ask the Oireachtas to enact legislation that will prohibit this type of activity. I am early in my term and the Senators will have many opportunities to criticise me legitimately in the future if I am back in the House after a period and it has not been enacted, so they should feel free then to criticise me. I want them to know, however, that I am committed to its enactment. I also have to be careful that we do not have a situation where consensual relationships are in some way affected by this. That is not the intention of the legislation. I must be sure the legislation does not have that effect.

It is part of the programme for Government. It is an essential legislative tool to illustrate that we are extremely serious in Ireland about combating domestic, sexual and gender-based violence. It is something I am committed to acting upon. I must consider what is the best mechanism for me to ensure these provisions are enacted. Is it through Senator Harmon's Bill, which is to go through the Seanad, or is it through stand-alone legislation? That is something I am going to consider, and I will engage with Senator Harmon in respect of it. I do not view myself or the Department of Justice as having a monopoly on good ideas when it comes to the criminal justice system, but I will decide on which I think is going to be most effective in expediting the process.

I refer generally to the importance in my Department of combating domestic, sexual and gender-based violence. As has been mentioned by Senators Byrne and Wilson, the previous Government established Cuan, which played an important role in seeking to combat domestic and gender-based violence. This type of behaviour we are addressing today is a continuation of that. We introduced sexual offences legislation back in 2017. Having been established in legislation, we established Cuan last year. We need to ensure and send out a message that when we see this type of exploitative behaviour, we are going to respond to it. I agree with what Senator Higgins said that simply talking about this is having a beneficial impact. I know everyone in this House wants this legislation enacted as quickly as possible and I am clear on that. Simply by talking about it, raising it and copper-fastening the excellent work Ann Murphy has done in respect of it, we are playing a part in responding to it.

Laura Harmon (Labour)
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I thank the Minister, Jim O'Callaghan, for engaging with this today and for his clearly considered response to this Bill and his frank comments relating to it. It is welcome that the Cabinet has approved this in the sense of not opposing it at this stage. I welcome his positive remarks regarding some aspects of the Bill and the substance of the Bill itself. I take on board the three points he made in terms of how the Bill can be more precise and how we can improve precision relating to it. We all acknowledge that, while it is clear-cut on the surface, it is complex in terms of legislation. This is the third attempt at this. I am committed from my perspective to taking on board the Minister's suggestions. I am very keen to inspect the recommendations of the Attorney General regarding this. One aspect of this Bill is that it is quite straightforward. It provides a good base to work from because there is scope to incorporate amendments. I very much look forward to engaging with the Minister on it. I would welcome the opportunity to meet him further on it.

As the Minister said, nobody is proprietary about this. It is not about one individual or grouping taking credit for it. It is clear from the support we have had today from Senators across the House and cross-party and the support in the Gallery from a number of organisations that collectively represent a huge sector of our society that this is an issue people want to see resolved, and we need to make sure we get it right. I look forward to any suggestions for amendments and accepting amendments to it.

I was pleased to bring this forward as my first Bill as part of our Cross-Party Group. We were able to get this within two months of starting as Senators because we believe it is a pressing issue. I take the Minister's points on board regarding the expediency of it. It is welcome that he will decide on whichever avenue is quickest and most effective to bring legislation forward. I would like to be part of that process and I know the Senators in the Cross-Party Group and in this House would wish to assist with that process as well. I look forward to future engagement with the Minister on the Bill and it is welcome it is in the programme for Government. He is a new Minister and, as Senator Noonan said, he is clearly a reforming Minister. It is great to have the thorough discussion on it. We look forward to the next Stage of the Bill, should it pass today, and, we hope, copper-fastening it further and implementing it as soon as we can.

Teresa Costello (Fianna Fail)
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When is it proposed to take Committee Stage?

Laura Harmon (Labour)
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Next Tuesday.

Teresa Costello (Fianna Fail)
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Is that agreed? Agreed.

Teresa Costello (Fianna Fail)
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When is proposed to sit again?

Diarmuid Wilson (Fianna Fail)
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At 9.30 a.m. tomorrow.

Teresa Costello (Fianna Fail)
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Is that agreed? Agreed.