Paul Gogarty (Dublin Mid West, Green Party)
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Question 392: To ask the Minister for Justice, Equality and Law Reform the legal powers that exist to monitor and if necessary ban or block websites advertising sexual services here; if escort services can legally be included in this list; the measures that have been taken to ascertain the persons behind such websites, such as brothel keepers or criminal gangs; if an investigation has been carried out regarding whether those who sell sexual services or their company on a per hour basis via such websites are working free of their own volition whether in conjunction with a pimp or not, or are working under someone's control due to financial or social circumstances or as a result of an addiction; if investigations are or have been carried out to find out if any such persons advertised have been trafficked; the actions that can be taken to prosecute the sinister element behind the vast majority of those working as prostitutes and escorts, specifically from the website route; and if he will make a statement on the matter. [28457/10]

Dermot Ahern (Louth, Fianna Fail)
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The laws governing prostitution provide a robust regime aimed at protecting society from a public order perspective from the more intrusive aspects of prostitution while also protecting prostitutes from exploitation. The Criminal Law (Sexual Offences) Act 1993 makes it an offence to solicit or importune another person on a street or public place for the purpose of prostitution. The offence can be committed by the prostitute, client or third party. The Act also provides for offences such as organising prostitution, coercing or compelling a person to be a prostitute, knowingly living on the earnings of a prostitute or keeping or managing a brothel.

Section 23 of the Criminal Law (Public Order) Act 1994 created offences in relation to the publishing or distribution of every form of advertisement for prostitution in the State. The legislation covers advertisements in terms, circumstances or manner which gave rise to the reasonable inference that a premises is a brothel or an advertised service is one of prostitution. Furthermore, "advertisement" is defined as including every form of advertising or promotion, including by way of radio, television, computer monitor or other like means of communication. The maximum penalty on conviction on indictment is a fine not exceeding €12,700.

I am, of course, deeply aware of the issues of the trafficking of persons and persons who may be coerced into working as prostitutes. When I launched the National Action Plan to Combat Human Trafficking in June 2009, I emphasised the Government's commitment to protect vulnerable people who may become victims of traffickers and to tackle the crime of human trafficking. The Government has taken robust legislative, administrative and operational measures to combat and prevent trafficking in persons for both sexual and labour exploitation purposes. These measures include the Criminal Law (Human Trafficking) Act 2008 which has greatly strengthened the law in this area. Under section 5 of the Act, it is an offence to solicit or importune a trafficked person, in any place, public or private for the purposes of prostitution. Furthermore a person who accepts or agrees to accept a payment, right, interest or other benefit from a person for the purpose of the prostitution of a trafficked person is also guilty of an offence. The offence carries a penalty, on summary conviction, of a fine not exceeding €5,000 or a term of imprisonment not exceeding 12 months or both and, on conviction on indictment, a fine or a term of imprisonment not exceeding 5 years or both.

A dedicated Anti-Human Trafficking Unit was established in my Department in February, 2008 with the purpose of ensuring that the State's response to human trafficking is coordinated and comprehensive. This has led to the production of the National Action Plan to Combat Human Trafficking, the implementation of which is monitored by a special Interdepartmental High Level Group. In addition, An Garda Síochána has established a Human Trafficking Investigation and Co-ordination Unit.

The detail of individual investigations is, of course, a matter for An Garda Síochána. I am confident that the Gardaí are vigorously enforcing the law in this area. I am informed by the Garda authorities that they have conducted a number of operations to combat brothel keeping, prostitution and human trafficking and will continue to do so in line with the intelligence available to them. There have been some notable successes in identifying and prosecuting those who have organised and benefitted from prostitution. One example of such operations is a recent investigation by the Garda National Bureau of Criminal Investigation, in conjunction with a number of other police forces, which resulted in the apprehension, in another jurisdiction, of individuals for brothel keeping in this country. The operation led to the seizure of a substantial volume of evidence. In addition, cash and other property discovered during this operation will be the subject of a proceeds of crime application to the courts.

The law on prostitution is kept under continuing review in my Department. Suggestions are made from time to time for amendments to the legislation but, before bringing forward suggested changes in this area, I would have to be satisfied that they would be in the interests of the vulnerable people concerned and would not leave them open to greater exploitation.

The Office for Internet Safety is an Executive Office within my Department and has responsibility for promoting internet safety. It also has a role in considering measures to address illegal and harmful content on the internet.

Paul Gogarty (Dublin Mid West, Green Party)
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Question 393: To ask the Minister for Justice, Equality and Law Reform the number of persons who have been prosecuted for operating websites or placing adverts in magazines that advertise paid sexual services here; and if he will make a statement on the matter. [28458/10]

Dermot Ahern (Louth, Fianna Fail)
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The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose.

I have requested the CSO to provide statistics directly to the Deputy.

Paul Gogarty (Dublin Mid West, Green Party)
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Question 394: To ask the Minister for Justice, Equality and Law Reform the reason there is no adequate legislation dealing with websites advertising prostitution; when such legislation will be developed; and if he will make a statement on the matter. [28459/10]

Dermot Ahern (Louth, Fianna Fail)
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Section 23 of the Criminal Justice (Public Order) Act 1994 provides that a person who publishes or causes to be published, or distributes or causes to be distributed, an advertisement which advertises a brothel or the services of a prostitute in the State or any premises or service in the State in terms, circumstances or manner which gives rise to the reasonable inference that the premises is a brothel or that the service is one of prostitution shall be guilty of an offence. A person found guilty of such an offence is liable, on conviction on indictment, to a maximum fine of €12,700.

Advertisement in this context is defined as including every form of advertising or promotion, including by way of radio, television, computer monitor or other like means of communication.