David Stanton (Cork East, Fine Gael)
Link to this: Individually | In context

Question 59: To ask the Minister for Justice and Equality if he will provide details of his review of the current legislation on human trafficking and prostitution; and if he will make a statement on the matter. [31265/11]

Alan Shatter (Dublin South, Fine Gael)
Link to this: Individually | In context

I assume the Deputy is referring to the announcement I made last week concerning a consultation process to help inform the future direction of legislation on prostitution. For ease of reference, I am appending the text of the relevant press release and trust that it explains the position in this matter. Minister Shatter announces publication of his Department's report on Sweden's legislation to combat prostitution and human trafficking 17 October 2011 The Minister for Justice, Equality and Defence, Mr. Alan Shatter T.D., today announced publication of a report of the Department of Justice and Equality on Sweden's legislation criminalising the purchase of sexual services - often referred to as the "Swedish model".

In July, 2010 Sweden published the findings from the first formal evaluation of its 1999 ban on the purchase of sexual services. In September last year, the Dignity Project arranged a visit to Sweden by a group which included representatives of what was then the Department of Justice and Law Reform and An Garda Síochána to meet officials and experts in this area and to discuss the Swedish legislation and its operation. Following the visit, a report was prepared by the Department for the then Minister, and after consideration by him it was submitted to the Attorney General's Office.

Since then Minister Shatter has carefully examined the report and the advice subsequently received from the Attorney General.

Announcing publication of the report, Minister Shatter stated "I am determined to ensure that everything that can possibly be done to combat prostitution and human trafficking will be done. However, it will be recognised that any proposal to criminalise the purchase of sex within our legal and constitutional framework raises complex issues and would have to be considered very carefully. Also, it is inevitable that there will be conflicting views about such a proposal and representations made to me in this matter reflect different and genuinely held views. There has been much media coverage on these matters and, in order to help inform public debate, I have decided to put my Department's report into the public domain." Minister Shatter also said "I am concerned to ensure that public debate on this issue is open to the widest possible audience. I therefore intend to arrange a consultation process to help inform the future direction of legislation on prostitution". A consultation document to facilitate this process is being prepared and the Minister will make a further announcement shortly.

The report is available on the Department's website www.justice.ie. Ends Note to Editors The Dignity Project was an EU funded, inter-agency and inter-jurisdictional research project which examined services provided for victims of human trafficking with a view to replicating best practice models in partner countries. Led by the Dublin Employment Pact and the Immigrant Council of Ireland, Dignity concluded its work at a final conference held in February, 2011.

Legislation introduced in Sweden in 1999 provides that a person who obtains or attempts to obtain a casual sexual relation, in any place, in return for payment commits the offence of purchase of sexual service. In Ireland, traditionally the law has had two objectives. Firstly, it is aimed at protecting society from the more intrusive aspects of such activity from a public order perspective. For that reason, under the Criminal Law (Sexual Offences) Act 1993, which codified the law relating to prostitution, it is an offence to solicit in a street or public place for the purposes of prostitution. The offence can be committed by the client, the prostitute or a third party - a pimp, for example. The second objective of the law on prostitution is to protect prostitutes from exploitation. Accordingly, under the 1993 legislation, it is an offence to organise prostitution, coerce or compel a person to be a prostitute, knowingly live off the earnings of a prostitute, or keep or manage a brothel.

In this jurisdiction, it is not an offence, in itself, to sell sex. In general, it is not an offence to purchase sex either. However, 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.