Dáil Éireann Debate, Tuesday - 8 September 2020
918. Deputy Pa Daly asked the Minister for Justice if the terms of reference for the review of Part 4 of the Criminal Law (Sexual Offences) Act 2017 include the effect of increasing penalties and enforcement of the offence of brothel keeping from section 11 of the Criminal Law (Sexual Offences) Act 1993 (as amended); and if she will make a statement on the matter. [21604/20]
View answerSection 27 of The Criminal Law (Sexual Offences) Act 2017 provided for a review of Part 4 of the Act 3 years after it was commenced and in July of this year I commissioned an Independent Expert, Ms Maura Butler, to undertake this review.
Part 4 of the Sexual Offences Act 2017 introduced two new offences - paying for sexual activity with a prostitute and paying for sexual activity with a trafficked person. It also removed those who offer their services as a prostitute from the existing offences of soliciting for the purpose of prostitution and increased the penalty provided for in section 11 of the Criminal Law (Sexual Offences) Act 1993 for brothel keeping. One of the purposes of these measures was to provide additional protection to persons involved in prostitution, especially vulnerable persons and victims of human trafficking. These measures allow persons working in prostitution to provide information to the Gardaí on, for example, violence towards them by clients, without risking prosecution for selling sexual services.
Given the intent of the legislation to protect vulnerable persons, the review will include an assessment of the impact of the operation of Part 4 of the Act on the safety and well-being of persons who engage in sexual activity for payment. It will also consider whether further measures are needed to strengthen protection for persons who engage in sexual activity for payment.
As part of the terms of reference, and among other things, the review will quantify the number of arrests and convictions in respect of offences under Part 4 since its commencement and will assess the extent to which the objectives of the Act have been achieved. The Deputy can review the full terms of reference at www.justice.ie/en/JELR/Terms_of_Reference_-_S7a_ReviewCJ(SO)Act_2017.pdf/Files/Terms_of_Reference_-_S7a_ReviewCJ(SO)Act_2017.pdf.
The review is being undertaken in consultation with An Garda Síochána, other relevant statutory agencies and civil society organisations working with persons engaged in prostitution and with victims of human trafficking. The participation and inclusion of people who are engaged in prostitution and of people who have been victims of human trafficking are being sought. As part of the review the general public have been invited to complete a questionnaire and individuals and stakeholders are invited to make written submissions up to the 11 September - but I understand that late submissions will be accepted. Details of how to access the survey and of where to send submissions can be found on my Departments website at www.justice.ie/en/JELR/Pages/Review_of_the_Operation_of_Part_4_of_the_Criminal_Law_(Sexual_Offences)_Act_2017.
Once the review has been completed I will lay the Independent Expert’s report before each House of the Oireachtas and I will examine any recommendations that require further consideration.
