Written answers

Thursday, 29 September 2011

Department of Justice, Equality and Defence

Sexual Offences

5:00 pm

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael)
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Question 145: To ask the Minister for Justice and Equality the legislation he will introduce to tackle sex trafficking here; his plans to criminalise the purchase of sex here; and if he will make a statement on the matter. [26783/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Criminal Law (Human Trafficking) Act 2008 criminalised the trafficking of persons for the purpose of sexual exploitation. With regard to prostitution, the criminal law 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, 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.

It is not an offence, in itself, to sell sex. In general, it is not an offence to purchase sex either. (The 2008 human trafficking legislation made it an offence to knowingly solicit or importune a trafficked person, in any place, for the purpose of prostitution.) Consequently, neither party to the transaction is currently criminalised. Any proposal to amend the law in terms of criminalising the purchase of sex would require very careful examination.

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.

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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