Written answers

Thursday, 15 January 2015

Department of Justice and Equality

Sexual Offences Data

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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12. To ask the Minister for Justice and Equality her views on commissioning an independent report of the statistics here regarding prostitution and trafficking; the impact of the proposed legislation to criminalise the buyer on sex-trafficking along with a comparison of all other models that is not just Sweden; and if she will provide the methods and resources An Garda Síochána will be expected to use in investigation and detection of the proposed offence. [1413/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill 2014, which amongst other proposals, creates two new offences of purchasing, in the context of prostitution, sexual services. My primary concern, in introducing these provisions, is to vindicate the human rights of those trafficked for the purpose of sexual exploitation. Over 80% of women trafficked are the victims of sexual exploitation.

These proposals were developed following an extensive consultation process, initiated by my Department in 2012, including a Discussion Document which presented an objective analysis of the approaches adopted in other jurisdictions to address prostitution. I would draw attention to a March 2014 Council of Europe Report entitled "Prostitution, trafficking and modern slavery in Europe". That Report reviews the approaches adopted in a number of countries and concludes that member states should consider "criminalising the purchase of sexual services, based on the Swedish model, as the most effective tool for preventing and combating trafficking in human beings". There is no suggestion that this approach adopted by a number of countries is in conflict with international human rights requirements. Indeed in February 2014, the European Parliament adopted a resolution advocating this approach. The Joint Committee on Justice, Defence and Equality has also recommended criminalising the purchase of sexual services by means of prostitution.

Independent statistics on crime, including prostitution and related offences, are collated and published by the Central Statistics Office (CSO). In addition to the material collated by the CSO, the Anti-Human Trafficking Unit of my Department has, since January 2009, operated a data collection strategy in relation to human trafficking. The purpose of the strategy is to gain a more informed view of the nature and extent of trafficking in human beings in Ireland in terms of what was being encountered by both governmental and non-governmental organisations. The data is published by the Anti-Human Trafficking Unit in its Annual Report. Because of the hidden nature of these activities, there are limitations with relation to the statistics. However this applies to all jurisdictions and I am not aware of any other approach that would provide more accurate and objective statistics.

The purpose of the new offences is to send a clear message that the purchase of sexual services in the context of prostitution is unlawful and the evidence suggests that making an act unlawful does in itself influence behaviour. There will of course be some prosecutions and of course as with any covert activity, this can present challenges. The Deputy however will appreciate that this is an operational policing matter and one which will properly be dealt with by the Garda authorities, in accordance with the provisions of the legislation. The trafficking of persons and the organisation of prostitution is a feature of organised criminality and the Garda Síochána is already strongly committed to the disruption of the organised crime networks behind this activity.

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