Marcella Corcoran Kennedy (Laois-Offaly, Fine Gael)
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368. To ask the Minister for Justice and Equality if the cash-for-gold business providers are legally obliged to keep records of their transactions and put in place procedures that will ensure that the goods are not the proceeds of crime; and if she will make a statement on the matter. [47996/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The informal purchase of jewellery is not specifically regulated in criminal legislation; however the circumstances under which jewellery is being bought and/or sold may indicate the commission of certain offences, for example handling stolen property and / or possession of stolen property under sections 17 and 18 of the Criminal Justice (Theft and Fraud Offences) Act, 2001 and the onus is on owners of business to ensure that they are not buying stolen goods. If it is the case that items of substantial value are being paid for by cash in the 'cash for gold' outlets without adequate checks on identity / ownership then these businesses may be in breach of the Theft and Fraud Offences Act, if the items in question have been stolen.

I am committed to examining the best approach to regulation in the area of cash for gold business providers, having regard to the potentially significant impact on legitimate businesses. It is important to recognise that any legislation in this area would have a potentially significant impact on a broad range of businesses. There are a large number of legitimate businesses such as jewellers, antique dealers etc., as well as ‘cash for gold’ outlets that would be impacted upon. As the regulatory and resource burden of any proposed measure will have to be carefully examined to ensure that it is proportionate to the matter being addressed I have asked officials in my Department to carry out a Regulatory Impact Assessment (RIA) which will facilitate a process of consultation with groups likely to be affected. The current position is that my Department is finalising a RIA which will comprise a detailed and systematic appraisal of the potential impacts of any proposed regulation in order to assess whether the regulation is likely to achieve the desired objectives and the potential costs that will arise. I intend to publish this RIA for consultation in early 2015.

Terence Flanagan (Dublin North East, Independent)
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369. To ask the Minister for Justice and Equality her plans to introduce a Bill similar to the Criminal Law (Sexual Offences) (Amendment) Bill 2013; and if she will make a statement on the matter. [48019/14]

Terence Flanagan (Dublin North East, Independent)
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370. To ask the Minister for Justice and Equality if she will provide an update regarding legislation (details supplied) regarding human trafficking; and if she will make a statement on the matter. [48020/14]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 369 and 370 together.

I assume the Deputy is referring to Deputy Pringle's Private Member's Bill to criminalise the purchase of sexual services.

On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill 2014 which includes two new offences of purchasing, in the context of prostitution, sexual services.

The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.

These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012 and which includes a recommendation from the Joint Oireachtas Committee on Justice, Equality and Defence to introduce such an offence. I have met with representatives from both sides of the debate, including those working in the industry, and my Department has received numerous representations expressing views from both sides.

I am satisfied that it is necessary to take steps to tackle the trafficking and wider exploitation of persons through prostitution. Unlike the existing offences relating to prostitution such as soliciting, loitering or brothel keeping, the new offences will specifically target the demand for prostitution.

In terms of the specific question concerning the introduction of new legislation to combat human trafficking, I would draw the Deputy's attention to the existing legislative provisions addressing the trafficking of persons for the purposes of exploitation (including sexual exploitation) which can attract significant penalties. The Criminal Law (Human Trafficking) Act 2008 prohibits trafficking for the purposes of sexual exploitation. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years and / or a fine.