Written answers

Tuesday, 29 April 2025

Department of Justice and Equality

Legislative Reviews

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

1516. To ask the Tánaiste and Minister for Justice and Equality to make a statement in relation to the Review of Part 4 of the Sexual Offences Act 2017, and the acknowledgement in that review that there has been no impact on demand for the purchasing of sex since the enactment of the legislation, even though that was the key rationale for its implementation, and in that context, and the lack of any empirical evaluation being undertaken, to explain why the ’Nordic Model’ is being continued. [18687/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

In accordance with section 27 of the Criminal Law (Sexual Offences) Act 2017, the review looked at: (a) information as to the number of arrests and convictions in respect of offences under section 7A of the Act of 1993 since commencement of that section, and (b) an assessment of the impact of the operation of that section on the safety and well-being of persons who engage in sexual activity for payment.

The reviewers undertook an evaluation of available data sources including statistics supplied by the CSO and An Garda Síochána. This was complemented by a detailed consultation process conducted in three phases. Phase one was a public consultation survey; phase two was a public consultation with written submissions and phase three was a dialogue consultation process which included interviews with An Garda Síochána, the HSE, the Office of The Director of Public Prosecutions (ODPP), the Probation Service and Tusla. Interviews and forum groups were also held with civil society and advocacy groups, individuals involved in the sale of sex, legal practitioners and academics.

Overall, the review found that the Act had made progress towards its objectives. However, it did identify key challenges to be addressed. These include the effective enforcement of the legislation in its current form, with An Garda Síochána and the ODPP noting significant barriers such as the limited power of arrest for detention and questioning, the requirement of an admission of guilt, and challenges in prosecution due to the necessary ‘proofs’. Certain recommendations will be considered in respect of law enforcement, and officials in my Department are consulting with An Garda Síochána in this regard.

The review also outlines a lack of culturally appropriate support services including healthcare, social welfare, gender specific housing for women and clear exit routes. These findings are being considered alongside the ongoing work being progressed through the whole of Government Zero Tolerance Strategy.

I support the decriminalising the sale of sex, as it is the Government’s position that prostitution is inherently exploitative of vulnerable persons, mainly women and girls, and that many people are forced into prostitution, through trafficking, drug addiction, homelessness and poverty. In Ireland, it is legal to sell sex, but illegal to purchase sex. This means that individuals selling sex are no longer criminalised. My key focus on this issue is to seek to reduce demand and enhance the safety and supports available for those involved in prostitution and those who wish to exit.

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
Link to this: Individually | In context | Oireachtas source

1517. To ask the Tánaiste and Minister for Justice and Equality to make a statement regarding the status of the draft report on the review of Part 4 of the Sexual Offences Act 2017, submitted by the original independent expert commissioned to undertake that review in July 2020, with particular reference to where that report can be accessed, the reason it was not published, and the relationship between its conclusions and that of the final report produced by his Department. [18688/25]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

As the Deputy is aware, my Department commissioned an independent consultant to undertake the statutory review of Part 4 of Sexual Offences Act 2017 but, for a number of reasons, it was not possible for the review to be completed within the desired timeframe.

The draft report provided to my Department by the original independent reviewer was incomplete and had not met the terms of reference as the analysis of the three phases of consultation was still underway and conclusions had therefore not yet been drawn.

Expressions of interest for a new study lead to complete the review were sought and following the closing date for receipt of applications, all options for concluding this work were considered. On foot of those considerations, and in view of the research already undertaken and the work done compiling and analysing the submissions received, my predecessor decided that the most efficient way to complete the review was for the Research and Evaluation Unit in my Department to draft the report using the material provided.

The Research and Evaluation Unit used the draft provided as the basis of the final report. However, additional analysis was required to complete the draft and meet the initial terms of reference.

The final report was published on 25 March 2025 and is available at Review on the Operation of Section 7A of the Criminal Law (Sexual Offences) Act 1993 (www.gov.ie/en/department-of-justice/publications/review-on-the-operation-of-section-7a-of-the-criminal-law-sexual-offences-act-1993/).

Comments

No comments

Log in or join to post a public comment.