Dáil Éireann Debate, Tuesday - 17 May 2016
115. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality to prioritise the passage of the Criminal Law (Sexual Offences) Bill 2015; and if she will make a statement on the matter. [9928/16]
View answer121. Deputy Charlie McConalogue asked the Tánaiste and Minister for Justice and Equality when legislation to tackle sex trafficking will be enacted; and if she will make a statement on the matter. [10059/16]
View answer162. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality to advance the sexual offences Bill as a matter of urgency following the recent decision in France to introduce sex buyer laws and similar moves underway in the United Kingdom; and if she will make a statement on the matter. [10695/16]
View answer163. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality to immediately resume the sexual offences Bill given attempts by organised crime to traffic men, women and children in the refugee crisis for sexual exploitation; and if she will make a statement on the matter. [10696/16]
View answerI propose to take Questions Nos. 115, 121, 162 and 163 together.
On 23 September 2015, I published the Criminal Law (Sexual Offences) Bill 2015, as approved by Government. The Bill includes wide ranging provisions to enhance the protection of children from sexual abuse and exploitation including through more effective targeting of acts of child sexual grooming. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of international legal instruments and implement the recommendations of a number of Oireachtas committees.
The Bill also provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The first is a general offence of paying to engage in sexual activity with a prostitute 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 paying for sexual activity with a trafficked person, in the context of prostitution, 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 commit an offence.
These proposals have been developed following extensive consultation, initiated by my Department, dating back to 2012. The new offences also implement the recommendation of the Joint Oireachtas Committee on Justice, Equality and Defence which called for the introduction of an offence criminalising the purchase of sexual services. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services as a tool in the fight against human trafficking.
The Bill completed all stages in Seanad Éireann in January 2016. Enactment of this important piece of legislation is a priority for the Government.
I would also draw the Deputies' attention to the existing legislative provisions addressing the trafficking of persons for the purpose of exploitation (including sexual exploitation) which can attract significant penalties. Under the Criminal Law (Human Trafficking) Act 2008, any person found guilty of trafficking for the purposes of sexual exploitation shall be liable to imprisonment for a period up to life. 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.
