Dáil Éireann Debate, Tuesday - 16 December 2014
369. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to introduce a Bill similar to the Criminal Law (Sexual Offences) (Amendment) Bill 2013; and if she will make a statement on the matter. [48019/14]
View answer370. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will provide an update regarding legislation (details supplied) in respect of human trafficking; and if she will make a statement on the matter. [48020/14]
View answerI propose to take Questions Nos. 369 and 370 together.
I assume the Deputy is referring to Deputy Pringle's Private Member's Bill to criminalise the purchase of sexual services.
On 27 November, I published the General Scheme of the Criminal Law (Sexual Offences) Bill 2014 which includes two new offences of purchasing, in the context of prostitution, sexual services.
The first is a general offence of purchasing sexual services which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of purchasing a sexual service from a trafficked person and carries a potential penalty of up to 5 years imprisonment and/or a fine. In both cases, the person selling the sexual service will not be subject to an offence.
These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012 and which includes a recommendation from the Joint Oireachtas Committee on Justice, Equality and Defence to introduce such an offence. I have met with representatives from both sides of the debate, including those working in the industry, and my Department has received numerous representations expressing views from both sides.
I am satisfied that it is necessary to take steps to tackle the trafficking and wider exploitation of persons through prostitution. Unlike the existing offences relating to prostitution such as soliciting, loitering or brothel keeping, the new offences will specifically target the demand for prostitution.
In terms of the specific question concerning the introduction of new legislation to combat human trafficking, I would draw the Deputy's attention to the existing legislative provisions addressing the trafficking of persons for the purposes of exploitation (including sexual exploitation) which can attract significant penalties. The Criminal Law (Human Trafficking) Act 2008 prohibits trafficking for the purposes of sexual exploitation. Any person found guilty of such an offence shall be liable to imprisonment for life or a lesser term, and at the discretion of the court, to a fine. It is also an offence for a person to solicit or importune a trafficked person for the purposes of prostitution with a potential penalty of imprisonment for up to 5 years and / or a fine.
