Written answers

Tuesday, 11 October 2011

Department of Justice, Equality and Defence

Proposed Legislation

8:00 pm

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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Question 355: To ask the Minister for Justice and Equality the position regarding the Immigration, Residence and Protection Bill 2010; and if he will make a statement on the matter. [28331/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Government's five-year Programme for National Recovery contains a commitment to " introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way."

These commitments are being given effect by the Government in its further development of the Immigration, Residence and Protection Bill 2010 which we have had restored to the Order Paper for that purpose. I am currently engaged in further work on the details of the Bill taking account of current Government policy and I will be proposing a number of amendments for consideration at Committee Stage which I hope can begin before the end of this Session.

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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Question 356: To ask the Minister for Justice and Equality if he has received a submission from the Immigration Council of Ireland regarding the Immigration, Residence and Protection Bill 2010; his plans to address the concerns raised by this organisation in regard to such issues as sufficient protection for victims of human trafficking, rights to family reunification, fees and other matters; and if he will make a statement on the matter. [28332/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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The Government's five-year Programme for National Recovery contains a commitment to " introduce comprehensive reforms of the immigration, residency and asylum systems, which will include a statutory appeals system and set out rights and obligations in a transparent way." The vehicle for this work will be the Immigration, Protection and Residence Bill 2010, which has been restored to the Dáil Order paper, and any accompanying regulations.

I have indicated my intention to bring forward amendments to the Bill at Committee Stage to address specific areas of immigration policy. I am aware that the Immigrant Council of Ireland made a submission on the Immigration, Residence and Protection Bill 2010 in September 2010.

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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Question 357: To ask the Minister for Justice and Equality his plans to amend the law regarding prostitution; the changes under consideration; his further plans to introduce laws along the lines of those operating in several Scandinavian countries, whereby the purchase of sex and not the sale is criminalised; and if he will make a statement on the matter. [28333/11]

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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Question 359: To ask the Minister for Justice and Equality if he has received or if he will seek a report from the Garda authorities regarding their meeting with senior police officers from Norway and Sweden, who recently visited this country at the invitation of the Immigration Council of Ireland to outline the successes in those countries in reducing the number of women and girls involved in prostitution; his plans to adopt a similar approach here; and if he will make a statement on the matter. [28335/11]

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)
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I propose to take Questions Nos. 357 and 359 together.

In this jurisdiction, it is not an offence, in itself, to sell sex. In general, it is not an offence to purchase sex either. (The Criminal Law (Human Trafficking) Act 2008 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.

Our legislative approach to 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, 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 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 and An Garda Síochána. 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.

Separately, my Department has been conducting a wide-ranging examination of the law on sexual offences. Arising from this review, legislative proposals to enhance the protection of children against sexual abuse and exploitation, including exploitation through prostitution and child pornography, are at an advanced stage of preparation. This is high priority legislation and I expect to bring proposals to Government in the coming months.

The Garda authorities have reported to me that during a recent visit by Swedish and Norwegian police officers to Ireland members of An Garda Síochána attached to the National Bureau of Criminal Investigation met with these officers to discuss matters of mutual interest, including the investigation of organised prostitution.

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