Vol. 442 No. 1
10 Ms O'Donnell asked the Minister for Justice the number of prosecutions, and convictions where applicable, that have been taken under the Criminal Law (Sexual Offences) Act, 1993, with particular reference to prostitution; her views on the way in which the legislation is being enforced by the gardaí; and if she will make a statement on the matter.
31 Mr. Deasy asked the Minister for Justice her views on whether the provisions of the Criminal Law (Sexual Offences) Bill, 1993, are working satisfactorily; and if her attention has been drawn to the views expressed by a person (details supplied) who assists prostitutes, to the effect that they are now being attacked more frequently.
I propose to take Priority Questions Nos. 10 and 31 together.
Before giving the number of prosecutions and convictions under the Criminal Law (Sexual Offences) Act, 1993 and commenting on the operation of the Act, it would be helpful to outline the background to its provisions on prostitution, particularly soliciting.
Prostitution is not and never has been an offence in itself. The law has sought to protect members of the public from the more intrusive aspects of prostitution, such as soliciting in the street, and to protect prostitutes from exploitation by, for example, pimps living on the earnings of a prostitute.
The Criminal Law (Sexual Offences) Act, 1993 had as its main objective the removal of criminal sanctions from consensual sexual acts between adult men. Clearly, with respect to prostitution, these had to be subject to whatever controls applied to heterosexual prostitution and indeed the 1993 Act provided that every reference in any statute to a prostitute should be taken to include a reference to a male prostitute. That in itself, however, was not enough. One of the main statutory controls on prostitution is the prohibition of soliciting in public and, while there were no fewer than three statutory offences of soliciting, all of them had been inoperable since a Supreme Court decison in 1981 and a subsequent District Court decision in 1983. The choice which faced the Oireachtas, therefore, was to introduce new controls on soliciting in public, covering both the heterosexual and homosexual behaviour, or to abandon any attempt at such control.
This question was considered by the Law Reform Commission in its report on vagrancy and related offences. The report examined the inadequacy of the law on soliciting in the light of the court cases I have mentioned and recommended a new offence of soliciting in public which would apply to clients as well as prostitutes. The old statutes applied the offence only to prostitutes or, as their terminology put it, "common prostitutes".
More recently, the Second Commission on the Status of Women has considered this matter. I paid particular attention to their views as it is clear from reading their report that they examined the plight of prostitutes with great sympathy and understanding. The Commission did not, however, recommend the abolition of the offence of soliciting. Instead, and in line with the Law Reform Commission, they recommended its extension to clients of prostitutes. In the light of this, the Oireachtas chose to include in the 1993 Act an offence of soliciting in public for the purposes of prostitution which applies to everyone, clients and third parties such as pimps, as well as prostitutes.
On the question of the implementation of the Act, the Garda Commissioner tells me that its provisions are working satisfactorily. While it is a little too early to identify any distinct trends in detections and prosecutions under the Act, perhaps I could give the House a summary of the cases which have so far occurred.
Under section 7 of the Act, which concerns soliciting in public for the purposes of prostitution, there have been 12 prosecutions and nine convictions, with one case pending. Under section 8 of the Act, which concerns loitering in public for the purposes of prostitution, there have been 18 prosecutions for failing to comply with a Garda direction to leave the area. Of these, there have been two convictions, and the remaining 16 cases are pending.
On the question of the consequences of conviction, I took careful note during the Oireachtas debates on the 1993 Act of the concern expressed by Members of this House that the penalties for soliciting should not be too onerous. The amendments which I introduced to lower the proposed penalties set the maximum penalty for a first conviction at £250, rising to £500 for a second conviction. Imprisonment is possible only after a third or subsequent conviction, and even then it may not exceed four weeks.
One of the features of the Act is the increased protection from exploitation it gives to prostitutes. It contains new offences, with tough penalties, for controlling or organising prostitution or forcing a person into prostitution. The penalty for living on the earnings of a prostitute has also been increased.
As regards other forms of exploitation of prostitutes, such as acts of violence committed against them, I have read the views of the person referred to in Deputy Deasy's question and I have arranged for her and a colleague to meet senior officials of my Department. I want to know exactly what the problem is and how it may be remedied and I do not want, no more than would anybody in this House who supported the legislation, to produce a situation which would leave women at greater risk of injury. I want to emphasise that the full protection of the criminal law is available to prostitutes. No-one should hold back from reporting an assault to the Garda because he or she is a prostitute. The law is there for the protection of everyone and will be enforced to that end.
I thank the Minister for her comprehensive reply. Has she figures to show how many prosecutions have been taken against men who use prostitutes? How many male prostitutes have been prosecuted under legislation? Is there a tendency by the Garda to enforce the legislation more against female than against male prostitutes? I would ask the Minister to address this matter with specific reference to rent boy activities in the Phoenix Park. This is particularly relevants in terms of possible acts of gross indecency between adult men and boys.
How many pimps have been prosecuted?
Of the 12 prosecutions for soliciting, two have been against male clients of prostitutes. Of the 18 prosecutions for refusing to comply with the direction of a garda to leave an area immediately, two have been against males — one of these was a male client. On the Phoenix Park, the terms of the Criminal Justice Act are being applied equally in Dublin and in other areas where breaches of the Act come to the notice of the Garda.
Pimps are getting away scot-free. It is bad law, and always has been.
I would ask the Minister specifically to address gross acts of indecency involving minors. Has the Minister information that teenage boys are involved in these activities, and, if so, would she agree that more stringent enforcement of the law is necessary leading to prosecutions in this matter? It is important that a message goes out loud and clear that such acts with minors have not been decriminalised. Will the Minister comment on that matter?
All breaches of the Act brought to the attention of the Garda or witnessed by gardaí are prosecuted. I am very concerned that word should not go out from this House that we are in some way soft on acts of gross indecency which involve minors. That is the last thing any of us would like to see. I am prepared to raise that specific issue with the Garda Commissioner and if he believes that the law as it stands is not strong enough to deal with the problem I will have no hesitation in bringing in an amendment to the Act.
