Written answers

Tuesday, 28 June 2016

Department of Justice and Equality

Legislative Measures

Photo of Catherine MartinCatherine Martin (Dublin Rathdown, Green Party)
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59. To ask the Minister for Justice and Equality if she is aware of the Amnesty International report, Norway: The Human Cost of Crushing the Market: Criminalization of Sex Work in Norway; if its conclusions have implications for Part 4 of the Sexual Offences Bill 2015; and if she will make a statement on the matter. [18213/16]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The Criminal Law (Sexual Offences) Bill 2015, which completed all stages in the Seanad in January 2016, provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The first is a general offence of paying to engage in sexual activity with a prostitute 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 paying for sexual activity with a trafficked person, in the context of prostitution, 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 commit an offence.

These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation of the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. The purpose of introducing these provisions is primarily to target the trafficking and sexual exploitation of persons through prostitution.

In deciding to put forward these provisions I have considered all sides of the debate, including those with positions similar to Amnesty International. I have considered the experience of those states which have introduced similar measures and those states which have addressed prostitution in a different way. I have also considered the reports and findings of various international organisations. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services as a tool in the fight against human trafficking.

Further research will inevitably be published during the progress of the legislation and it will continue to be examined and considered. I would note that many of the findings of this latest report by Amnesty International relate to issues not directly connected with the law criminalising the purchase of sexual services, for example issues of homelessness and discrimination faced by sex workers. I am acutely conscious of the myriad of difficulties faced daily by vulnerable men and women involved in sex work and I am under no illusion that these difficulties will be solved by this legislation alone.

Therefore, in addition to criminalising the purchase of sexual services, there is a need to offer additional supports to men and women who wish to exit prostitution. Ruhama provide support to those involved in prostitution including assistance with exiting prostitution. My Department through the Anti-Human Trafficking Unit provide funding to Ruhama - €225,000 in 2015 (an increase from €172,000 in 2014). The funding is provided both for work with victims of human trafficking and for their work with women affected by prostitution.

I remain convinced that to target the exploitation associated with prostitution requires targeting those who demand those services. The most direct way of combating this form of exploitation is to send the message to those who pay for these services, and who ignore the exploitation of the women and men involved, that their behaviour is unacceptable and that their behaviour supports the exploitation of other people.

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