Dáil Éireann Debate, Tuesday - 24 March 2015
490. Deputy Niall Collins asked the Minister for Justice and Equality her plans to ensure an all-island approach to combat human trafficking by publishing her proposals on sex buyer laws before similar legislation comes into force in Northern Ireland on 1 June 2015; and if she will make a statement on the matter. [11861/15]
View answerOn 27 November, I published the General Scheme of a Criminal Law (Sexual Offences) Bill 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 new offences are comparable to those introduced in section 15 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 which the Deputy correctly states will come into force on 1 June.
As an additional means of combating the exploitation which is associated with prostitution, these offences will target the demand side of prostitution. However, there is already significant legislative provisions addressing the trafficking of persons for the purposes of exploitation (including sexual exploitation) which can attract significant penalties. I would draw the Deputy's attention to the Criminal Law (Human Trafficking) Act 2008 which 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.
The Deputy will also be aware that there are also extensive legislative provisions to address the more exploitative aspects of prostitution. For example, under the Criminal Law (Sexual Offences) Act 1993 it is an offence to organise prostitution, coerce or compel a person to be a prostitute, to knowingly live on the earnings of a prostitute, or to keep or manage a brothel. In addition, public order legislation prohibits the advertising of brothels and prostitution.
Taken as a whole, the existing and new offences that I am introducing in the forthcoming Bill, will achieve a comprehensive approach to combatting trafficking for the purpose of sexual exploitation.
The Bill is priority legislation and is currently being drafted. It is my intention to publish the Bill in the current parliamentary session.
