Eamon Ryan (Dublin Bay South, Green Party)
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51. To ask the Tánaiste and Minister for Justice and Equality if the prosecution of those soliciting or procuring sexual services, in accordance with Part 4 of the Criminal Law (Sexual Offices) Act 2017, is under way; the way in which An Garda Síochána is planning to enforce the Act; and if there are statistics available in relation to enforcement since implementation. [24395/17]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The Criminal Law (Sexual Offences) Act 2017 was enacted on the 22nd of February, 2017. Most of the Act was then commenced on the 27th of March, 2017 including the provisions contained in Part 4 of the Act. As it has only been eight weeks since the commencement of Part 4, statistics for offences committed under this part are not yet available.

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 5years’ imprisonment and/or a fine.

In both cases, the person selling or, in the case of a trafficked or exploited person being forced to sell, the sexual service will not commit an offence. In doing so, the Act recognises the exploitation experienced by those involved in prostitution and decriminalises them.

The purpose of the legislation is also to target the trafficking and exploitation of persons through prostitution. 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. Evidence from Sweden and Norway where the law has been changed indicate that both countries have become a less attractive destination for prostitution based trafficking. Following an extensive public consultation on the future direction of prostitution law, the Joint Oireachtas Committee on Justice, Equality and Defence also called for the criminalisation of the purchase of sexual services in its report on the Review of Legislation on Prostitution.

Aside from those trafficked, there is also evidence of the wider exploitation of persons involved in prostitution, such as those pimped by drug dealers or coerced or otherwise forced to engage in the activity. It is considered reasonable that action is taken to reduce the demand for a service that leads to trafficking and other forms of forced prostitution. That is what the new law does.

The purpose of these proposals is to send a clear message that addressing the exploitation associated with prostitution justifies adopting an approach which targets the demand for these services.

That said, and given the purpose of the provisions which I have outlined, I agree with those who said the impact of the provisions should be subject to review. Section 27 of Part 4 prescribes a review by the Minister of the implementation of that Part after a period of three years and the provision of a report to the Oireachtas. That report shall include information on the number of arrests during that period in respect of the new offences as well as an assessment of the impact of the offences on those who provide sexual services for payment.

I believe that three years is the minimum period in which systems and practices can be effectively bedded down and operated so that reliable conclusions can be drawn from the information gathered for the review.

I would envisage that any review would involve engaging with all relevant stakeholders in determining the impact and effect of this new offence, including An Garda Síochána, support services and all interested persons.

It is also worth noting that the review of the impact of the prohibition of paying for sexual services contained in the Northern Ireland Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015 is due to be reported to the NI Assembly in 2018.

Finally, I should add that An Garda Síochána's Policing Plan for 2017 places a key emphasis on work to reduce sexual violence and trafficking with a targeted focus on increased reporting and detection of sexual offences as well as an increased number of trafficking victims identified.