Dáil Éireann Debate, Wednesday - 20 July 2016
95. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality her views on the way sex workers will be decriminalised by measures in Part IV of the sexual offences Bill while still retaining sanctions for a person working together with another for safety and criminalising solicitation under the Public Order Act; and if she will make a statement on the matter. [23292/16]
View answerPart IV of the Criminal Law (Sexual Offences) Bill 2015 makes a number of amendments to prostitution offences contained in the Criminal Law (Sexual Offences) Act 1993.
The primary amendment inserts a new section 7A into the Act of 1993 to provide for a new offence criminalising the purchase of sexual services. Under this section it shall be an offence, where, in the context of prostitution, a person purchases a sexual service from another person. The person offering sexual services is not liable to any offence under this section.
On foot of Government amendments introduced during Committee stage in the Seanad, persons who offer sexual services were removed from the existing solicitation and loitering-related offences under the Criminal Law (Sexual Offences) Act 1993. This was in recognition of the exploitation associated with prostitution and the need to decriminalise the women and men involved in offering sexual services. People who solicit the sexual services of others – that is the buyers and pimps – remain subject to prosecution for the solicitation and loitering offences under the 1993 Act.
This did, however, give rise to concerns that the Gardaí would be left with no means of combatting any public nuisance if sexual services were to be offered, for example, in a residential area. There was also concern that the provision could be exploited by criminal gangs or others.
In order to address these concerns, an amendment was made to section 8 of the Criminal Justice (Public Order) Act 1994. That section addresses a number of behaviours, for instance intoxication in a public place, for which a member of An Garda Síochána can issue a direction to a person so behaving to leave the area. Failing to comply with that direction can give rise to an offence. Loitering for the purpose of offering sexual services has now been added to the behaviours covered by section 8.
The effect of the proposed amendments will be that on-street prostitution will not be an offence, but the Gardaí will still have the power to move persons offering sexual services on from a public place, when necessary.
It is currently an offence under section 11 of the Criminal Law (Sexual Offences) Act 1993 to keep or manage a brothel. While I understand that this provision can prevent persons offering sexual services from working together with others, I am particularly concerned that any decriminalisation of brothel-keeping would create a legal loophole ripe for exploitation by the organised crime gangs involved in the trafficking and exploitation of women in prostitution. Women would come under pressure to claim they were working independently when that is not the case and the Gardaí would be limited in the actions they could take to close brothels and disrupt the activities of criminal gangs. For this reason I have no plans to amend provisions relating to brothel keeping at this time.
