Joan Collins (Dublin South Central, United Left)
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91. To ask the Minister for Justice and Equality in relation to her statements that the person selling the sexual service will not be subject to an offence under the Criminal Law (Sexual Offences) Bill 2014, her plans to repeal sections 7, 8 and 11 of the Criminal Law (Sexual Offences) Act 1993 as applied to persons selling sexual services. [13543/15]

Frances 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 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.

With regard to repealing existing prostitution offences, sections 7 and 8 of the Criminal Law (Sexual Offences) Act 1993 are aimed at addressing the public order and nuisance aspects associated with prostitution, such as soliciting and loitering for the purposes of prostitution, respectively. These offences apply to both the purchaser and seller of sexual services. I have received submissions in relation to decriminalising persons selling sexual services from the solicitation offence under section 7 and these are receiving consideration within my Department.

Section 11 of the 1993 Act provides for offences relating to brothels. The offence applies to persons keeping or managing or assisting in the management of a brothel. It also applies to a tenant or landlord who knowingly permits the use of the leased/rented premises as a brothel. Section 11 is not directed at individual sellers of sexual services. I have no plans to repeal this section.