Written answers

Tuesday, 16 May 2017

Department of Justice and Equality

Human Trafficking

Photo of Charlie McConalogueCharlie McConalogue (Donegal, Fianna Fail)
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102. To ask the Tánaiste and Minister for Justice and Equality the position regarding the progression of legislation on sex trafficking; and if she will make a statement on the matter. [22689/17]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There are already a number of offences under Irish law which address the trafficking of persons for the purpose of exploitation (including sexual exploitation) and which can attract significant penalties. Under the Criminal Law (Human Trafficking) Act 2008, any person found guilty of trafficking for the purposes of sexual exploitation shall be liable to imprisonment for a period up to life. 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.

The Criminal Law (Sexual Offences) Act 2017 was enacted on 22 February 2017. Part 4 of the Act 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 new offences 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. 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.

These provisions were commenced with effect from 27 March 2017.

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