Brendan Howlin (Wexford, Labour)
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Question 211: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason there was a decline and then cessation over the past seven years in the number of prosecutions under section 6 of the Criminal Justice (Sexual Offences) Act 1993; if advice or directive of a prosecution or policing nature was issued which had this consequence; and if he will make a statement on the matter. [9707/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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The role of the Gardaí is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP. The Director, who is independent in the performance of his functions, makes his decision on the basis of the Garda findings viewed against the background of common and/or statute law. It would, therefore, be inappropriate for me to comment on his decisions.

I am informed by the Garda authorities that no directive has issued in respect of section 6 of the Criminal Law (Sexual Offences Act) 1993.

Brendan Howlin (Wexford, Labour)
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Question 212: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the reason section 250 of the Children Act 2001 was incorrectly represented in the accompanying explanatory memorandum as proposing a new offence which provided a higher penalty for soliciting or importuning a child for the purpose of prostitution; if confusion as to the nature or purpose of the section led to the subsequent non-prosecution of the offence; and if he will make a statement on the matter. [9708/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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Section 6 of the Criminal Law (Sexual Offences) Act 1993 created an offence of soliciting or importuning a person for the commission of an act which would constitute an offence under section 3, 4 or 5 of that Act or section 1 of the Criminal Law Amendment Act 1935. The maximum penalty on summary conviction was €1270 and/or 12 months imprisonment. Section 7 of the 1993 Act recreated in modern format the offence of soliciting or importuning a person for the purpose of prostitution. The maximum penalty on summary conviction, for a third or subsequent offence, was €635 and/or 4 weeks imprisonment.

The preparation of the child protection provisions of the Children Act 2001 provided an opportunity to increase the maximum penalty for soliciting or importuning a child or mentally impaired person for the purpose of prostitution. Prior to that, the law did not differentiate between soliciting or importuning a child or adult for the purpose of prostitution. The drafting method used was to substitute a new section 6 into the 1993 Act which, in effect, provided within that section a means of prosecuting the soliciting or importuning of a child or mentally impaired person for the purpose of prostitution with a maximum penalty of €1905 and/or 12 months imprisonment. This contrasted to the considerably lower penalty provided under section 7 of the 1993 Act.

I am informed by the Garda Síochána that there is no confusion as to the nature or purpose of section 250 of the Children Act. There have been no convictions under section 6 of the 1993 Act in the years 2001 to 2005 inclusive while there were 34 convictions in 2000. However in the 5 years prior to 2000, the year 1998 was the only year in which there were a significant number of convictions under section 6 with 86 convictions that year. There were no convictions in 1996 and 1997, one conviction in 1995 and 3 convictions in 1999.

The changes made in the Children Act to the criminal laws governing prostitution were not designed as a permanent solution to the offence of child prostitution. Instead, they were meant as a temporary initiative until an opportunity arose for a more in depth examination of the law in this respect. The Criminal Law (Trafficking in Persons and Sexual Offences) Bill which is at present being drafted provides a new offence of soliciting or importuning a child, or paying, offering or promising to pay, a child or another person for the purpose of sexually exploiting the child. Sexual exploitation in this context is defined widely to include the prostitution of the child, production of child pornography or any sexual activity which would be an offence under any enactment.