Written answers
Thursday, 15 May 2025
Department of Justice and Equality
Legislative Reviews
Catherine Connolly (Galway West, Independent)
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130. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 1516 of 29 April 2025, his views on the ‘Impact on Safety and Well-being’ chapter of the Review of the Operation of Section 7A of the Criminal Law (Sexual Offences) Act 1993, specifically that sex workers who contributed to the review outlined that the legislation had made their circumstances more dangerous; the steps he intends to take in this regard; and if he will make a statement on the matter. [24442/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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My position, and the position of this Government, is that prostitution is inherently exploitative of vulnerable people, mainly women and girls, and that many people are forced into prostitution through trafficking, drug addiction, homelessness and poverty.
The Criminal Law (Sexual Offences) Act 2017 decriminalised the sale of sex, criminalised the purchase of sex, and increased the penalty provided for brothel keeping.
The legislation was designed to shift the legal burden towards those who buy sex rather than the sellers, aiming to protect those most at risk within the sex industry.
In March I published the Review of the Operation of Section 7A of the Criminal Law (Sexual Offences) Act 1993. It identifies areas for improvement which would allow the legislation to work better and achieve its aim of deterring the demand for commercial sex, which is linked to both sexual exploitation and human trafficking.
I recognise that a percentage of those who responded to the public consultation aspect of the review felt that enforcement of the Act had impacted on the safety and well-being of those engaged in sexual activity for payment.
However, as noted in the relevant chapter, perspectives on the impact of the legislation on safety can be considered contentious and highly polarised, in line with the overall debate in this area.
It is important to note that key recommendations within the review address safety concerns, including improved accessibility and the coordination of support services and resource allocation. Work is already underway in this space via Action 2.6 of the Third National Strategy on Domestic, Sexual, and Gender-based Violence. It is focused on ensuring those, primarily women, in prostitution have access to safety, health care, support and exit routes.
The Review did not identify evidence to support the view that amending the existing legislation to fully decriminalise sex work would more effectively protect those involved in the sale of sex.
The Review’s recommendations will be considered and actions identified that can be progressed in consultation with relevant stakeholders; including with An Garda Síochána in respect of enforcement.
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