Written answers

Tuesday, 10 March 2015

Department of Justice and Equality

Proposed Legislation

Photo of Mick WallaceMick Wallace (Wexford, Independent)
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334. To ask the Minister for Justice and Equality her views on commissioning an independent report concerning prostitution and trafficking here; the impact of the proposed legislation to criminalise the purchaser in the sex-trafficking industry; to make a comparison with other models in Sweden and elsewhere; the methods and resources An Garda Síochána will be expected to use in investigating and detecting offenders; and if she will make a statement on the matter. [10312/15]

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". 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 work of the CSO, the Anti-Human Trafficking Unit (AHTU) of my Department publishes annual reports setting out statistical information on alleged victims of human trafficking encountered by An Garda Síochána, International Organisations and Non-Governmental Organisations working in the field. The information is disaggregated by gender, age, region of origin and type of exploitation. The Annual Reports also provides information on the criminal justice response to human trafficking in Ireland. The reports are available on Ireland's dedicated anti-human trafficking website www.blueblindfold.gov.ie and on my Department's website. The question of enhancing the knowledge base and data in relation to human trafficking in Ireland will be examined in the context of the 2nd National Action Plan to Prevent and Combat Trafficking in Human Beings in Ireland which is currently being drafted.

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. This includes utilising a multi-agency approach to tackle those involved in organising this type of criminal activity including liaison with the Criminal Assets Bureau and the Department of Social Protection.

The Gardaí also implement specific targeted operations as required and have been successful in obtaining convictions for organising prostitution, brothel keeping and associated offences. All relevant current legislation is utilised by members of An Garda Síochána to target and dismantle the criminal groups involved in this sort of criminality and I have no doubt that the Gardaí will also make effective use of the new provisions in the same context.

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