Vol. 443 No. 8
7 Ms O'Donnell asked the Minister for Justice if the attention of the Garda authorities has been drawn to any incidents of child prostitution in the State; if special units have been set up to investigate reports of child prostitution in the city of Dublin; if so, the current state of the investigation into such activities; if there have been any prosecutions; and if she will make a statement on the matter.
I have been informed by the Garda authorities that they are not aware of any incidents of child prostitution. However, if the Deputy or anybody else is aware of such incidents, they should bring them to the attention of the Garda authorities so that they can be investigated. The question of setting up special units to investigate alleged reports of child prostitution does not, therefore, arise.
Will the Minister take the opportunity to confirm that sex with a minor is a grave felony, the gravity of which is not diminished by the fact that there is consent by way of prostitution? Does she agree it is not appropriate for the Garda to adopt a low key approach in relation to the age of the person involved as in the case of adult prostitution? Will she answer the question I asked earlier when discussing another matter relating to the Phoenix Park? Has the Garda reported that it has a suspicion in relation to the age of the boys involved in prostitution in the Phoenix Park?
I agree with the first part of the supplementary question. After the Deputy had raised this matter with me last April I took the issue up with the Garda Commissioner. He informed me that the Garda has not detected any breaches of the Criminal Law (Sexual Offences) Act, 1993, in the Phoenix Park and that no complaints have been received to date concerning homosexual prostitution, including so-called rent boy activities. I reject the suggestion that the Garda is adopting a low key approach to this matter. It views such breaches of the law seriously and any complaints made will be pursued vigorously, perhaps more vigorously because of the age of the young people allegedly involved in this activity.
Has the Minister not been made aware by those operating at the coalface, particularly in the Eastern Health Board area, of the growing problem of youth homelessness? Last year the Eastern Health Board encountered 427 homeless children. Does the Minister agree that if a child is staying in a bed and breakfast establishment and is in receipt of £5 a day from the community welfare office there is a danger, as expressed by the authorities working with homeless children, they will resort to prostitution or handbag snatching? There is a serious risk that some children will resort to selling their bodily integrity for a little as £20.
When the issue was last raised I was asked if I would arrange for a person who works, as the Deputy says, at the coalface and who had commented in the newspapers to meet officials of my Department. That meeting has taken place with a small delegation of people involved. It was a lengthy meeting and they had a frank discussion with officials of my Department. I understand arrangements have been made for them to meet on a regular basis to review the situation. I understand also that the number of homeless young boys is dropping and that there will be less need to place young boys of the ages referred to by the Deputy in bed and breakfast establishments. The health board has been very active in this area. The Phoenix Park is patrolled by mobile units comprising plain clothes gardaí on night tour. Any breaches of the law will be pursued vigorously.
I am sure the Minister, Deputy O'Donnell and I are at one on this matter. Does the Minister accept there is a problem and, if so, will she ask the agencies of the State, the health boards, her own Department or the Garda Síochána, to carry out an investigation to determine the extent of the problem with a view to reporting to the House on the steps that need to be taken? As a public representative, I have not received any complaints about child prostitution, although I have about sexual abuse of children which is a separate matter.
After this issue had been raised at Question Time some time ago I asked the Garda Commissioner for figures to determine the extent of the problem of child prostitution, with particular reference to the Phoenix Park. He reported that the Grada has not detected any breaches of the law and that no complaints have been received. Like Deputy Mitchell, I have received no complaints either. A well respected and well known person who had made positive comments in the media met senior officials of my Department with a small delegation to discuss the problem. They had a long discussion and have agreed to meet on a regular basis. I can do what Deputy Mitchell asks and consider further ways of determining the extent of the problem but how does one get people to complain to the Garda? I would have imagined that people would be forthcoming with complaints. I am sure Deputies Gilmore, O'Donnell, Mitchell and I favour vigorous enforcement of the law in this area given that we are talking about young childern. I would be prepared to do what is necessary, even if this involves changing or amending the legislation. I will consider Deputy Mitchell's proposal because we all want the same thing at the end of the day.
Deputies Gilmore and O'Donnell rose.
I was anxious to make progress at Question Time. I think Members will agree that it has been very sluggish today; we have dealt with seven questions in nearly an hour.
It would be useful to carry out a realistic audit to determine the scale of the problem but, in detecting breaches, the Garda encounter difficulties in ascertaining the age of the person concerned; it is very difficult to tell the difference between a 16 year old and an a 18 year old. A special effort should be made to liaise with the people dealing with homeless children in Dublin to give these childern protection. The Minister referred to the activities and responsibilities of health boards. Does she agree that one health boards in particular, the Western Health Board, has responded well in terms of its obligations? It has issued a directive in which it is stated that it is not appropriate to place homeless children in bed and breakfast establishments. Does the Minister agree that she must adopt an active role with the Minister for Health and that a combined effort should be made to tackle the problem of youth homelessness? One thousand homeless children were presented to the State authorities in 1993.
I am glad the Deputy referred to the Western Health Board; I am proud of the fact that it has adopted the most enlightened approach in this area. It is a good idea that a special effort should be made to liaise with the people dealing with homeless childern. That is the reason a meeting took place between a small delegation and senior officials of my Department and they will meet on a regular basis. We can formalise this arrangement. The Department of Health has been co-operative. I am sure that the Minister of State at my Department who is also a Minister of State at the Department of Health will convey the views which have been expressed today to the Minister for Health.
The Criminal Law (Sexual Offences) Act was passed this time last year and many Members expressed concern about its appropriateness and effectiveness. To what extent has this legislation been used in dealing with prostitutes and their clients? Have any arrests been made and, if so, how many? Will the Minister indicate the level of charges pressed over and above the figure prior to the enactment of this legislation? Having regard to the concerns expressed when the Bill was being debated in the House, does she believe the legislation should be amended and a more preventive approach adopted to this problem?
It is too soon to talk about amending the legislation because it has not been in force for very long. We should view its progress and see what happens as a result of it before drawing firm conclusions from the pattern of prosecutions or convictions that have taken place. Of the 12 prosecutions for soliciting under the Act to the end of April, two have been against male clients of prostitutes and of 18 prosecutions for refusing to comply with the direction of a garda to leave an area immediately, two have been against males. It is too soon to say the Act needs to be amended, but we are examining the matter carefully. I gave a commitment in that regard when we discussed the Bill here and in the upper House. If I discover that, on the basis of information made available to me or representations made by Members, the Act should be amended to make it a more preventive measure I will have no hesitation in doing so.
