Dáil Éireann Debate, Tuesday - 22 January 2013
504. Deputy Billy Timmins asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding the sex industry; when this legislation will be brought forward; and if he will make a statement on the matter. [2667/13]
View answer520. Deputy Nicky McFadden asked the Minister for Justice and Equality if homeless young persons and women who are vulnerable to sexual exploitation and abuse will be offered stronger protection through prostitution legislation; and if he will make a statement on the matter. [3003/13]
View answer526. Deputy Jack Wall asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding a change in prostitution laws; the action he will take to address the concerns expressed; the timescale of any such legislative proposals; and if he will make a statement on the matter. [3136/13]
View answerI propose to take Questions Nos. 504, 520 and 526 together.
The "Turn Off the Red Light" campaign calls on the Government to introduce legislation criminalising the purchase of sexual services, based on the legislative model in Sweden for combating prostitution.
In this jurisdiction, it is not an offence, in itself, to sell sex. In general, it is not an offence to purchase sex either. (The Criminal Law (Human Trafficking) Act 2008 made it an offence to knowingly solicit or importune a trafficked person, in any place, for the purpose of prostitution.) Consequently, neither party to the transaction is currently criminalised. Calls to criminalise the purchase of sex require very careful consideration. While there is already a consensus on the evils of child prostitution and human trafficking for sexual exploitation, I am aware there are differing and genuinely held views on the approach the criminal law should take to other aspects of prostitution.
Our legislative approach to prostitution is aimed at protecting society from the more intrusive aspects of such activity from a public order perspective, while also seeking to protect prostitutes from exploitation. For that reason, solicitation in a public place is an offence. The offence can be committed by the prostitute, the client or a third party - a pimp, for example. It is also an offence to organise prostitution, coerce or compel a person to be a prostitute, knowingly live on the earnings of a prostitute, or keep or manage a brothel. A person found guilty of compelling or coercing a person (which would include a homeless person) to be a prostitute is liable, on conviction on indictment, to a fine or imprisonment for up to 5 years, or both.
The Criminal Law (Human Trafficking) Act 2008 criminalises the trafficking of persons for sexual exploitation, including prostitution. A person found guilty of this offence is liable to life imprisonment.
Our legislation on prostitution is currently being reviewed. As part of that review, in June 2012, I published a discussion document on the future direction of legislation on prostitution. The purpose of the discussion document is to facilitate a public consultation process. It sets out four potential legislative models for discussion but does not favour any particular approach. On its publication, I referred the discussion document to the Joint Oireachtas Committee on Justice, Defence and Equality. The joint committee is conducting the consultation process and will report back to me when it has completed its work.
In addition, my Department hosted a conference in October to discuss the consultation paper. The report of the joint committee and the views expressed at the October conference will be fully considered in the framing of any necessary legislative proposals to be submitted to Government in due course.
For further background, I am appending the text of my statement of 22 June last when publishing the discussion document.
Shatter Announces Publication of Discussion Document on the Future Direction of Legislation on Prostitution
The Minister for Justice, Equality and Defence today published a discussion document on the future direction of legislation on prostitution. Publication of the discussion document follows the Minister’s announcement that he would be arranging a public consultation process as part of the current review of prostitution legislation. Announcing publication of the discussion document, Minister Shatter said:
"The criminal law in this area is being reviewed primarily because of the changed nature of prostitution in Ireland. Prostitution was once mainly a street-based phenomenon. That is no longer the case. The organisation of prostitution is now much more sophisticated, highly mobile and is easily facilitated by the use of mobile phones and the internet.
There is, of course, already a clear consensus on the great evils of child prostitution and trafficking for the purposes of sexual exploitation. However, I am aware that there are differing and genuinely held views on the approach the criminal law should take to other aspects of prostitution. While there is a significant amount of criminal legislation in this area already, there is always scope for change and improvement. It is important to review the law periodically to ensure it is up to date and comprehensively responds to altered circumstances."
The Minister added that: "Prostitution is an issue which affects individuals, communities and society as a whole. It is important that I facilitate the expression of all views on this subject and that those views are examined in due course. Public debate should therefore, be open to the widest possible audience and I want to ensure that everyone who wishes to make a contribution to this important debate is given the opportunity to do so. It is for that reason I have decided on a consultation process before charting the way forward.
My Department will hold a conference in the autumn to discuss the document. The widest possible participation will be encouraged in order that we have an open and transparent discussion on all aspects of this very important issue.
This discussion document will now be referred to the Joint Oireachtas Committee on Justice, Equality and Defence. Interested groups and members of the public, I expect, will be invited to make submissions to the Committee which will hold such hearings as it deems appropriate. I am asking Mr. David Stanton T.D., Chairman of the Joint Committee, that it publish its report and recommendations by the 30th November 2012 and that the report be furnished to me together with any submissions received. I expect it is likely that the Committee’s report will also be lodged in the Oireachtas Library and that a debate on it will subsequently take place in both the Dáil and the Seanad. The report received by me from the Joint Oireachtas Committee will be fully considered in the framing of any necessary new legislative proposals to be submitted to Government in due course.
I look forward to the results of the consultation process."
The discussion document will be made available on the Department’s website, www.justice.ie
This discussion document does not favour any particular approach but simply tries to assist reflection. The arguments contained in the document are not exhaustive and the questions posed are not intended to limit in any way the range of questions readers might want to consider.
22 June, 2012
