Written answers

Tuesday, 20 September 2011

Department of Justice, Equality and Defence

Sexual Offences

9:00 pm

Photo of Eoghan MurphyEoghan Murphy (Dublin South East, Fine Gael)
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Question 389: To ask the Minister for Justice and Equality if he has examined the report from his Department following its visit to Stockholm; and if he has reviewed at the Attorney General's recent advices regarding the legal and constitutional implications of introducing a ban on the sale of sex. [24782/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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In 2010, the Swedish government completed an evaluation of its 1999 legislation criminalising the purchase of sexual services. Following its publication, the Dignity Project arranged a visit to Stockholm to learn more about the evaluation. The delegation included representation from my Department. The Dignity Project was a research project funded by the EU. An inter-agency and inter-jurisdictional initiative led by the Dublin Employment Pact and the Immigrant Council of Ireland, it examined services provided to victims of human trafficking with a view to replicating best practice models in partner countries. My Department's Anti-Human Trafficking Unit and the Garda National Immigration Bureau were partners with observer status.

In this jurisdiction, it is not an offence to sell sex. In general, it is not an offence to purchase sex either. Consequently, neither party to the transaction is currently criminalised. Any proposal to amend the law in terms of criminalising the purchase of sex would therefore, require very careful examination.

Our legislative approach to prostitution is based on protecting society from the more intrusive aspects of such activity from a public order perspective, while also seeking to protect prostitutes from exploitation. Accordingly, 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, the client or a third party - a pimp, for example. It is also an offence to organise prostitution, coerce or compel a person to be a prostitute, knowingly live on the earnings of a prostitute, or keep or manage a brothel. In addition, our 2008 human trafficking legislation made it an offence to knowingly solicit or importune a trafficked person, in any place, for the purpose of prostitution.

I am examining a report prepared by my department following the visit to Stockholm and which was submitted to the Attorney General's Office. I am also examining the Attorney's advices concerning the legal and constitutional implications of introducing a ban on the purchase of sex.

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