Michael D'Arcy (Wexford, Fine Gael)
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Question 41: To ask the Minister for Justice, Equality and Law Reform his views on proposals to criminalise the buyers of sex rather than the sex workers; and if he will make a statement on the matter. [28250/10]

Dermot Ahern (Louth, Fianna Fail)
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It should be noted that under the criminal law as it stands at present, it is not an offence, in itself, to sell sex. In general, it is not an offence, to purchase sex either. Consequently, neither party to the transaction is currently criminalised.

In this jurisdiction, the criminal law governing prostitution is aimed at protecting society from the more intrusive aspects of such activity from a public order perspective, while also seeking to protect prostitutes from exploitation.

Under the Criminal Law (Sexual Offences) Act 1993, it is an offence to solicit in a street or public place for the purpose of prostitution. The offence can be committed by the prostitute, client or a third party - a pimp, for example. 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.

In addition, the Criminal Law (Human Trafficking) Act 2008 makes it an offence to knowingly solicit or importune a trafficked person, in any place, for the purpose of prostitution.

Any proposal to amend the law in terms of criminalising the purchase of sex would require very careful consideration.